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02 City Council MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL December 6, 2001 The City Council of the City of Paris met in regular session, Monday, December 6, 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, Richard Manning, Joe E. McCarthy, Kevin Gray and Benny Plata. Also present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting for December 3, 2001, and they are hereby attached to these minutes as Exhibit A. Mayor Pfiester declared the public hearing open to consider the petition of Greg Caton for a change in zoning from a Commercial District ~O) to a Commercial District C) With Specific Use Permit (52) Signs and Billboard on Lot 2, City Block 318, being number 3005 Loop 286 N. E. Mayor Pfiester called for proponents to appear, and Greg Caton with Genesis Outdoor Advertising came forward seeking Council approval to build a billboard structure at the above location. Mayor Pfiester called for opponents to appear, and James Martinez, 512 N. E. 42, appeared before the City Council. Mr. Martinez said he is one of five advertising companies in the City of Paris with approximately eighty billboards in the Paris area. Mr. Martinez requested that this request not be granted and possibly be tabled. He said over the last year he has seen two other companies come into the area constructing billboards and did not finish the construction. Mr. Martinez explained that this makes it hard on his company. He said he would like to see the city come up with new requirements or adopt the Texas State Rules governing billboards. Mayor Pfiester advised that the city has regulations governing billboards. Steve Methven, Chief Building Official, advised that the city code states that you cannot construct a billboard within 500 feet of a road, where the state requirement is Regular City Council Meeting December 6, 2001 Page 2 within 300 feet of a road. He said the city's regulations are more stringent than the state's. Mr. Caton came forward addressing the City Council again stating that this is going to be a new billboard and it will be one of the nicest ones in the city. No one else appeared, and the public hearing was declared closed. ORDINANCE NO. 2001-074 AN ORDINANCE AlVENDING 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 COMIVERCIAL DISTRICT ~O) WITH SPECIF'IC USE PERMIT (52) SIGNS AND BILLBOARDS ON LOT 2, CITY BLOCK 318, ON PROPERTY BELONGING TO TWT HOLDINGS, LTD., SO AS TO INCLUDE THEREIN TERRITORY FORIVERLY DESIGNED AS A COMIVERCIAL DISTRICT ~O); DESIGNATING THE BOUNDARIES OF THE COMIVIF-RCIAL DISTRICT ~O) WITH SPECIF'IC (52) SIGNS AND BILLBOARDS 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 OF JANUARY 1, 2002, WAS PRESENTED. A motion was made by Councilman McCarthy, seconded by Councilman Plata to accept the recommendation of the Planning and Zoning Commission to adopt the ordinance. The motion carried 6 ayes, 0 nays. Mayor Pfiester announced that the next item on the agenda was a public hearing to consider the petition of Greg Caton for a change in zoning from a Commercial District O) With Specific Use Permit (52) Signs and Billboards on Lot 5, City Block 307, being located at 2805 N. Main Street. City Manager Malone advised the City Council that Mr. Caton wished to withdraw Regular City Council Meeting December 6, 2001 Page 3 his petition for rezoning along with Agenda Item No. 6, an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a Commercial District ~O) to a Commercial District ~O) With Specific Use Permit (52) Signs and Billboards on Lot 5, City Block 307. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to accept the withdrawal of Mr. Caton's zoning request. The motion carried 6 ayes, 0 nays. Mayor Pfiester declared the public hearing open on the petition of Rickie Gheen for a change in zoning from a Multiple-Family Dwelling District No. 1(MF'-1) to an Office District (O) on Lot 5, City Block 109, located at 717 E. Austin Street. Mayor Pfiester called for proponents to appear, and Louise Taylor, 1048 N. E. 34tn Street, with Century 21, Parker-Harvey Properties, appeared before the City Council representing the petitioner. Ms. Taylor gave the City Council a handout showing housing with a drawing on the back in the area of the requested rezoning. She informed the City Council that the property is located on the north side of Austin Street, which backs up to Fort Street and is a commercial area. Also the west end of this block in question is already commercial zoning and is vacant. Ms. Taylor said that the east end of this same block, on the same side of the street is being used as a parking lot. Ms. Taylor said they were talking about just beautifying an existing area and serving the needs of Fry & Gibbs Funeral Home, who has contracted on the property. Ms. Taylor said at this time there are no plans to bring this structure down, but it may be removed later. Kelsey Gibbs, 3465 Audubon Road, also appeared in favor of the rezoning petition. Mr. Gibbs stating that when Fry & Gibbs Funeral Home moved to their present location the parking was on the street and they did not have the parking lot that they currently have. Mr. Gibbs said later the city stopped the parking on the streets, so they purchased two houses on Fort Street, removed the houses and made the parking lot that they have now. Mr. Gibbs said this property is south of their parking lot, and at this time, they have no plans to do anything with the property because their parking is handled about ninety-five percent of the time, but in the Regular City Council Meeting December 6, 2001 Page 4 future, they may need additional parking. Mr. Gibbs pointed out that this lot goes through to Fort Street, which is zoned Commercial. Steve Methven, Chief Building Official, advised that the Commercial zoning is Forth Street north and the south side of Fort Street is zoned Multiple-Family. Mayor Pfiester called for opponents to appear, and Joe Collins, 731 E. Austin, appeared before the City Council, advising that he has lived at this location for almost fifty years. Mr. Collins said he was appearing in opposition to the petition stating that he was not sure what the zoning change would do to his property, which is located next door. Mr. Collins stated that he was interested in purchasing the property but the Realtor was not very helpful. Another concern of Mr. Collins was that it was going to be used as parking lot, but later this can been changed. He also felt this was a historical home. Mr. Collins stated he did not want to be an island in an asphalt sea, and this was his main concern. Carolyn Wenchell, Agent for the property, came forward stating that she is the listing agent and no one called in and placed a bid other than Mr. Gibbs. She said the owner of the property, Mr. Gheen, is interested in making the sale. Ms. Wenchell pointed out that this house has not been maintained for historical purposes and there has not been anything restored in the house and it is not a historical home. Mr. Collins responded by stating that he called the number on the sign in front of this house and the person did tell him these things. No one else appeared, and the public hearing was declared closed. Mayor Pfiester called for consideration of and action on an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a Multiple-Family Dwelling District no. 1(MF'-1) to an Office District (O) on Lot 5, City Block 109, located at 717 E. Austin Street. After discussion, a motion was made by Mayor Pro Tem Manning, seconded by Regular City Council Meeting December 6, 2001 Page 5 Councilman Bell, to adopt the ordinance. The motion failed with 3 ayes, 3 nays, Councilman McCarthy, Councilman Plata, and Councilman Gray voting no. Mayor Pfiester declared the public hearing open on the petition of Kevin Powell for a change in zoning from a Two-Family Dwelling District (2F) to a Two Family Dwelling District (2F) With Specific Use Permit (25) Day Care Center on Lot 30, City Block 61, located at 533 6t'' Street N. E. Mayor Pfiester called for proponents to appear, and Kevin Powell, 533 6t'' Street N. E., appeared in behalf of his petition. Mr. Powell said he was requesting the specific use permit for a day care center and felt that it would help the neighborhood, which is deteriorating. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. ORDINANCE NO. 2001-075 AN ORDINANCE AlVENDING 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 TWO-FAMILY DWELLING DISTRICT (2F) WITH SPECIF'IC USE PERMIT (25) DAY CARE CENTER ON LOT 30, CITY BLOCK 61, ON PROPERTY BELONGING TO KEVIN POWELL, SO AS TO INCLUDE THEREIN TERRITORY FORIVERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2F) WITH SPECIF'IC USE PERMIT (25) DAY CARE CENTER 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 OF JANUARY 1, 2002, WAS PRESENTED. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Gray, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Regular City Council Meeting December 6, 2001 Page 6 A motion was made by Councilman Bell, seconded by Councilman Gray, for approval of the Replat of Lot 8, 9, and 10, Block 1, Fitzhugh Addition, subject to the requirements of the City Engineer, being located at 1030, 1040, and 1050 Fitzhugh. The motion carried 6 ayes, on nays. Mayor Pfiester called for public comment regarding development in the flood plain of Big Sandy Creek of a portion of the Paris Sports Complex located on the east side of South Collegiate Drive. Terry Townsend, Director of Public Works, discussed the city's application to Texas Parks and Wildlife for a grant to develop a sports complex at this location. He stated that one of the things that the city did in the process of filing the application was to create a certified wetland that bordered the area. Mr. Townsend said this wetland creation would actually help the grant application by earning additional points. He said in the process of doing this, the Texas Parks and Wildlife Department required the city to have a public hearing after the fact, just to see if there was any opposition. Mr. Townsend said the only thing that will be built in the wetland will be a walking trail. No one else appeared, and the public hearing was declared closed. Resolution No. 2001-188, referring a petition to the Planning and Zoning Commission requesting the abandonment of a twenty (20) foot alley beginning at the West Boundary Line of 13t'' Street N. W., going west to the east boundary line of 14t'' Street N. E. located between Bonham Street (U. S. HWY 82) and Maple Avenue in City Block 189, subject to and reserving thereon a perpetual twenty (20) foot utility and drainage easement; setting public hearings; making other findings and provisions related to the subj ect, and providing an effective date, was presented. A motion was made by Councilman Plata, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Mayor Pfiester announced that the City Council would have an Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with attorney, to receive advice of counsel pertaining to pending or possible litigation regarding the unlawful and improper annexation by the City of Reno of a 6.628 acre tract of land located at the northwest corner of Mansfield Road and Highway Regular City Council Meeting December 6, 2001 Page 7 82. Mayor Pfiester declared the executive session open at 6:35 P. M. and the regular session closed. Assistant City Clerk Tommy Haynes replaced City Clerk Mattie Cunningham during the executive session. Mayor Pfiester declared the executive session closed and the open session open at 7:00 P. M. Resolution No. 2001-189, resolving that the City Attorney and the City's special counsel, the law firm of Wolfe, Clark, Henderson & Tidwell, L. L. P., be and they are hereby authorized to commence litigation against the City of Reno with regard to the unlawful and improper annexation of a 6.628 acre tract of land located at the northwest corner of Mansfield Road and Highway 82, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Bell, for approval of the resolution. The motion carried 6 ayes, 0 nays. There being no further business, a motion was made by Councilman McCarthy, seconded by Councilman Bell, to adjourn the meeting. The motion carried 6 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL November 8, 2001 The City Council of the City of Paris met in regular session, Thursday, November 8, 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, Richard Manning, Joe E. McCarthy, John A. 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. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting for November 5, 2001, and hereto attached to these minutes as Exhibit A. Mayor Pfiester called for consideration of and action on an ordinance approving the site plan on Lot 10, City Block 311, located at 3420 Clarksville Street. ORDINANCE NO. 2001-070 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT-OFFICE CENTER (PD-f), PREVIOUSLY ESTABLISHED BY THE ADOPTION OF ZONING ORDINANCE NO. 2001- 042, FOR LOT 10, CITY BLOCK 311; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Gray, seconded by Councilman Carter, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. City Attorney Schenk presented the following petitions for rezoning: Rickie Gheen, Lot 5, City Block 109, from Multiple Family Dwelling No. 1 to Office District; Kevin Powell, Lot 30, City Block 61, from a Two-Family Dwelling District No. 2, to a Two-Family Dwelling District No. 2 with Specific Use Regular City Council Meetrng November 8, 2001 Page 2 Permit (25) Day Care Center; Greg Caton, Lot 5, City Block 307, from a Commercial District to a Commercial District with Specific Use Permit (52) Signs and Billboards; and Greg Caton, Lot2, City Block 318, from a Commercial District to a Commercial District with Specific Use Permit (52) Signs and Billboards. Mayor Pfiester referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting scheduled for December 3, 2001, and before the City Council December 6, 2001. There being no further business, the meeting was adjourned. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM City Clerk MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL August 21, 2001 The City Council of the City of Paris met in special session Tuesday, August 21, 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, 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. There was no input from interested citizens of Paris proposing services or projects to be included in the 2001-2002 City of Paris Budget. City Manager Malone announced that the next budget for consideration was the City Attorney's department. He said the total for this budget is $367,878.00, which includes $16,000.00 in capital outlay. City Manager Malone said he had given the City Council a list of budget reductions for the City Attorney's budget. He said Communications- Telephone had been reduced by $500.00; Insurance and Bonds reduced by $500.00; Court Costs, Special Services Fees reduced by $500.00; Utilities - Electricity reduced by $500.00; Training, Tuition was cut by $500.00; Contract services, reduced by $7,000.00 and Building and Grounds, reduced by $8,000.00. He said the Capital Account for Furniture and Fixtures was reduced to $500.00 from $1,500.00; and Capital Account for Machinery-Tools and Equipment was reduced by $8,000.00. City Attorney Schenk advised that the concept was to try and make all the reductions they could in the sense that all the departments are contributing to the reduction over all. The City Attorney said the $8,000.00 reduction in his budget was placed in the City Council's budget because it is used to prepare the council agendas. He also said that the $7,000.00 that was cut from Contract Services is needed for outside council if necessary, if nothing more than for advice. City Attorney Schenk also advised that he provides legal services to the Housing Authority of the City of Paris. Councilman Bell felt this should be placed in the contingency fund. There were no changes made in this department. City Manager Malone said the next budget for consideration was the Municipal Court Special City Council Meetrng August 21, 2001 Page 2 Department, and advised there was a reduction made to this budget in the amount of $3,000.00, and the requested certification pay program has not been included in this budget. Municipal Judge Thomas Hunt III came forward telling the City Council that under the Machiney-Tools and Equipment, the Council will see that nothing is budgeted for capital outlay because they have court costs that they are collecting that are placed in a designated fund that is used for capital items. Gene Anderson, Director of Finance, advised the City Council that the Texas Municipal League has adopted a five year vesting instead of the ten year vesting, and this also effect the benefit cost. He explained the stability pay for the employees, which is paid to employees based on their length of service with the City of Paris. Judge Hunt went over the personnel in his department and what their jobs entail. He explained that he works under contract with the city and expenditures come out of the contractual account along with his telephone expense, insurance and bonds, travel expenses, associations, training. Jury fees are paid out of this account. Judge Hunt said he has requested for the last three or four budgets to include certification pay for his Court Clerks as they are all certified through the State of Texas Court Clerk's Certification Program. He advised that one of the reasons expenditures were reduced from the training account was that his chief clerk, Yvonne Chance, has decided that she does not want to go through all of the work and the writing of the thesis for the Level III Certification since there will be no change in her pay. She presently has completed Level I and Level II of this program. The other clerks have completed the certification to a Level L Gene Anderson advised it would cost approximately $3,800.00 to $3,900.00 for this certification pay. After discussion, no changes were made in the budget for Municipal Court. City Manager Malone said the next budget for consideration was the City Clerk's Department. He said the total budget is $120,577.00 which is down from this year's budget of $155,820.00 due to the reduction in capital outlay. City Manager Malone said the City Clerk has reduced the Minor Apparatus Account from $1,250.00 to $350.00, which eliminates the expense for a desk and chair; Insurance and Bonds Special City Council Meetrng August 21, 2001 Page 3 account was reduced by $600.00; the Associations account was reduced by $250.00; Travel Expenses were reduced by $400.00; and Training-Tuition was reduced by $350.00. No changes were made in the budget for the City Clerk. After discussion with the City Manager regarding car allowances, the City Council asked that a study be conducted on car allowances verses staff cars, and bring those figures back to the City Council. City Manager Malone announced that the City Council would consider the Finance Department budget at this time. He informed the City Council that the account for Consultants, was proposed as $21,200.00 in the process, they had intended to reduce it to $11,950.00, and to omit supervisor drug training. City Manager Malone said that gives them $9,250.00 to put elsewhere. The total expenditures for this budget is now $490,271.00. No changes were made in the budget for the Finance Department. City Manager Malone advised that the next department up for discussion was the Paris Police Department. He told the City Council that this is the largest budget for the city currently with an amount of $4,723,425.00 in expenditures, but it is down from this year's budget. He pointed out that the capital outlay portion is down. The total expenses are up slightly. They would be up more but four patrol positions, which are vacant, have been deleted in an effort to present a budget with no tax increase. City Manager Malone said the four patrol positions were deleted as they are presently not filled and it is easier to cut personnel by attrition. The cost of each officer during their rookie year would cost $38,613.00, making a total of approximately $154,452.00 reduction in personnel. He advised that this is the Chief's number one priority, to have the officers placed back into the budget. The City Manager advised that he did request an additional Anitnal Control Officer at a cost of $27,381.00, and this is his second priority for restoration to the budget. The Chief had requested $225,000.00 for overtime and this account was reduced by Special City Council Meetrng August 21, 2001 Page 4 $15,000.00, and this is his third priority. City Manager Malone told the City Council that one of the things that has affected overtime in the past is that we have had some grants come through HUD for patrolling the Housing Authority properties and the city is not going to receive a grant this year, so there is no corresponding revenue to off-set the money that would be spent patrolling the Housing Authority. There was discussion regarding the use of grants that the city has received and how those funds were utilized and the possibility of grants for this coming year. Chief Louis told the City Council that the police officers are essential because geographically the city has increased 30% due to the annexations. He said we have a commitment to responding to emergencies in the newly annexed area. His feeling was if they do not do anything else, they have got to have those four officers. Another thing that caused the accumulation of overtime was ten openings during this fiscal year, and staffing shifts with ten men missing increases the cost. He felt that if they could get fully staffed and maintain the personnel that they could reduce the overtime. Chief Louis said, not counting traffic stops, they responded to 36,000 calls last year, and 2,600 arrests. Two more audio/video cameras need to be in place before January 1, 2002 because the Racial Profile Act has passed the legislature. If this is accomplished, the department will be fully ready to implement that policy. Chief Louis said that if they do not get the cameras, they will have to go to a manual individual record keeping system, which will cost more that the $10,000.00 that is being requested for this equipment. City Manager Malone advised the City Council that $43,700.00 had been removed from the Machinery-Tools-and Equipment account in the Police Department. From the budget request, Chief Louis has requested that two Audio/Video Cameras for patrol units as mandated by legislation in the amount of $10,000.00; 1,000 video tapes for recording stops per racial profiling in the amount of $3,000.00; 14 digital cameras for Patrol, CID and Anitnal Control in the amount of $7,000.00; $1,000.00 for purchase of floppy disks for the digital cameras; one time lapse VCR for CID/Narcotics Division in the amount of $1,100.00; one duplexing scanner for the new LaserFische system in the amount of $8,000.00; one commercial automatic transfer switch for EOC in the amount of $6,000.00; two computers for Narcotics Division in the amount of $2,000.00; three workstations, computer and hook-up for new animal control facility in the amount of $8,100.00; and one heavy duty paper shredder in the amount of Special City Council Meetrng August 21, 2001 Page 5 $1,600.00. Under the capital outlay accounts, Chief Louis discussed the need for three chairs to be used in the Services/Communications Division at a cost of $3,600.00. He said there was a need for a new filing system for CID/Criminal Records Division Identification Room, which is sirnilar to the filing system they have in the Records Division in the amount of $6,000.00. He also requested an additional animal control officer and a one- half ton pickup for this division. Chief Louis also discussed with the City Council the need for ten emergency weather sirens at a cost of $22,000.00 each, and one slide in module for the additional animal control pickup truck. Chief Louis advised that their provider for the computer aided dispatch equipment that they had purchased and were in process of implementing had gone bankrupt. He was unable to complete the full implementation in their records management system and computerized patrol operations. He said they had looked at various options and it is his belief that it is in the city's best interest to purchase a new system. The cost for the Police Department's portion for a new system would be approximately $120,000.00. Chief Louis did advise that there is a possibility that some people working for the bankrupt company have started their own business and they are going to take a look at what has been set up and see if there is anyway they can make it work. If this can be done it may only cost $50,000.0 to $60,000.00; and there is a Local Law Enforcement Block Grant that they have applied for the computer aided dispatch in the amount of $65,000.00. It is his plan to try and make this work and use this money for this project. City Manager Malone advised that $102,000.00 was placed in this capital line item and there is a grant in the amount of $65,000.00, and there is an expenditure in the budget for this portion from the grant. He said that $30,000.00 was budgeted in the Fire Department budget for their share and $30,000.00 was originally budgeted in the Emergency Medical Service, which was cut from the Emergency Medical Service's budget. At 7:50 P. M. Mayor Pfiester announced that the City Council would take a short break. Mayor Pfiester reconvened the meeting at 8:10 P. M. City Manager Malone announced that the next department for consideration would be Special City Council Meetrng August 21, 2001 Page 6 the Community Development Department. City Manager Malone said he had prepared this budget in such a way as to go back to the way the departments were configured some years ago. He told the Council that when Earl Smith came to work for the city there was a Community Development Department headed by Joe McCollum. When Mr. McCollum retired Earl Smith took over the department. He said that one of the things that Mr. Smith was concerned about was the workload and the contact with the public. As it became so onerous, he did not feel like he had the time and resources that he needed to deal with all of the issues. By reestablishing a Community Development Department and placing Tommy Haynes in the position as the director of that department, it will be possible for the City Engineer to give more attention to engineering work. Mr. Haynes would receive an upgrade in pay as a director and would be responsible for code enforcement activities and the airport as well as the responsibilities of planning, zoning, and building regulations. Included in the new Community Development Department personnel is Steve Methven as Building Official, a construction inspector, the three code enforcement officers, and 50% of the administrative assistant. City Manager Malone said they put a budget together for this department, and they have reduced the funding for dilapidated housing demolition from $180,000.00 to $36,000.00, or from a cost of demolition of 60 houses to 12 houses. He said in the current year's budget for code enforcement, the abatement of high weeds and grass and dilapidated houses were funded from the miscellaneous account in the Fire Department's budget, for which $283,000.00 was budgeted. One of the code officers was also paid out of this account. City Manager Malone advised that the city is using prisoners from the Bonham State Jail and they can remove a house in about four to five days at a savings of $3,000.00. City Manager Malone said they had originally budgeted $100,000.00 in the account for lot mowing, but it was now reduced to $60,000.00. The City Manager advised that the Motor Vehicle account had $42,000.00 budgeted for two vehicles for the code enforcement, and that had been cutout completely. After discussion was had regarding this department, no action was taken by the City Council. There being no further business, Mayor Pfiester declared the meeting closed. Special City Council Meetrng August 21, 2001 Page 7 Michael J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL/ REDISTRICTING COMMITTEE August 14, 2001 The City Council of the City of Paris met in special session Tuesday, August 14, 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 citizen representatives Sue Fancher, Brady Fisher, Judy Stamper, Dolores Stowe, Lucius Joe, Jr., and Philip Nance. City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham were also present. Mayor Pfiester called for consideration of and action on a resolution appointing citizens to the Council/Citizens Redistricting Advisory Committee and advised that this item was tabled at the July 30, 2001 Special Meeting, and should the City Council wish to consider this matter, a motion to bring this item from the table was in order. A motion was made by Councilman Carter, seconded by Councilman McCarthy, to bring the above item from the table. The motion carried 7 ayes, 0 nays. A resolution resolving that the Council/Citizens Redistricting Advisory Committee shall consist of fifteen members as follows: the seven (7) members of the City Council; one (1) citizen from each of the seven (7) City Council districts, said citizens being selected by the City Council Members for each respective district; and one (1) citizen chosen at large by the Mayor, and further resolving that Lucius Joe, Jr., as a citizen representative of District 1; Philip Nance, as a citizen representative of District 3; Dolores Stowe, as a citizen representative of District 4; Judy Stamper, as a representative of District 6; Sue Fancher, as a citizen representative of District 7; and Brady Fisher, as an at-large representative, be, and they are hereby appointed to serve as citizen members of the Council/Citizens Special City Council Meetrng August 14, 2001 Page 2 Redistricting Advisory Committee for the duration of the 2001 redistricting efforts by the City of Paris, was presented by City Attorney Schenk. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Carter, to table action on the resolution. The motion carried 7 ayes, 0 nays. A motion was made by Councilman McCarthy to approve the appointment of the current members. The motion was seconded by Councilman Carter, and carried 7 ayes, 0 nays. Mayor Pfiester announced that the next item on the agenda was a work session with the consultant regarding redistricting plans. Bob Bass with the firm of Allison and Bass Associates, discussed the work done in the previous meeting working from the current plan and that the demographics that we are dealing with are challenging. He said it would be difficult to meet the legal requirements that are imposed under constitutional and voting rights law. Mr. Bass said he would like to look at that plan created in the last meeting tonight as there was a change made in it that threw it out of the constitutional balance. Mr. Bass said he has gone in and reconstructed the map to bring it back into line. Mr. Bass said it was his understanding that, due to term limits in the City Charter, that some of the existing members are not going to be eligible to run for office again. He said for those present incumbents who will not be returning due to Charter provision, it is not really necessary to keep them in their districts, but if a council member is moved out of their district by change of boundary, they will continue to serve out their term. Mr. Bass advised that the current map that he was showing the Committee is the plan that they left off with at the last meeting and the ideal population of a district is roughly 3,700 people. This map is currently close to that amount with the Special City Council Meetrng August 14, 2001 Page 3 exception of District One. He said that District One is under populated at this point, District Three is a little over populated, but it is within the limits. Mr. Bass said that District One is one of the minority districts and it has basically the same boundaries as it has under the existing plan. Population has been added in several areas trying to bring more minority content into that district, but it is still slightly under populated. By under populating that district, there is an advantage to the minority constituents because the minority content that it has is enhanced by being under populated. Mr. Bass advised that District Two also has similar boundaries as it presently has, and District Two is also a target district in that he would like to see this district stay very near where they presently are even though they are not constitutional in terms of numerical balance. He said they still try to meet the benchmark of those boundaries established, and that is basically a 58% minority black content in District One, and 47% in District Two. Mr. Bass said there is 43.47% Anglo population in District Two and about 35.8% Anglo population in District One, so the combined minority in District One is about 65% and approximately 57% in District Two. He said he would like to see those percentages stay as is. Mr. Bass said under the plan he has been working on with the help of the Committee they had searched for additional minority population all around the edges and they came out with a percentage of about 40.2% in District One and about 45.96% in District Two, which means the black population has fallen in both districts. Mr. Bass advised that according to the present map the black population in District One is 52.09% and in District Two it is 44.59%. Mr. Bass said the city's deviation is under 8.9%. Mr. Bass pointed out both District One and Two are under populated due to a decline of black population in District One of approximately 6 points and about 2 ~/z points in District Two. He said those numbers come from the fact that we are having to add population to both districts due to the fact that they are under populated. Mr. Bass told the Committee that he can not see a whole lot of improvement on them unless he takes a little bit of Anglo population out of District Two to bring it up. Special City Council Meetrng August 14, 2001 Page 4 Mr. Bass told the Committee that his plan was to make the city, county and school's plan be somewhat harmonious with each other. Mr. Fisher said that he agreed with that and felt that the City of Paris, the Paris Independent School District, and Paris Junior College should match because they all vote on the same day and it would be nice to have the election at the same locations for voting. After working with the current map with the help of the Committee, Mr. Bass came up with a plan raising the black percentage to 52.19 % in District One and about 46. 54% in District Two which will make two viable districts. By moving boundary lines of the other districts, Mr. Bass advised that the deviation was under the 10%. On a question by Councilman McCarthy regarding voter age of District One, Mr Bass said the voting age of black the population is 33% and 30.29% in District No. Two. Mr Bass advised that he would take this current plan back and continue to define the boundaries to come up with a workable plan. There being no further business, the meeting was declared closed. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM City Clerk MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL FEBRUARY 19, 2001 The City Council of the City of Paris met in special session Monday, February 19, 2001, 6:00 P.M., Paris Junior College, Applied Technology Building, Room 1016, Paris, Texas. Mayor Pfiester called the meeting to order with the following Council Members present: John A. Carter, Jr, Richard Manning, Joe McCarthy, John F. Bell and Kevin Gray. Also, present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham. Mayor Pfiester called for a motion to move the meeting to the Love Civic Center, located at 2025 S. Collegiate Drive, Paris, Texas. A motion was made by Councilman Gray, seconded by Mayor Pro Tem Manning, to recess the meeting and move the meeting to the Love Civic Center. The motion carried 5 ayes, 0 nays. Mayor Pfiester reconvened the Special City Council meeting at 6:16 P. M. at the Love Civic Center. Invocation was given by W. E. Anderson, Director of Finance for the City of Paris. Mayor Pfiester called for the receipt of a petition in support of a new Sports Complex. Mark McNeil, Route 1, Box 304, Sumner, Texas, came forward presenting the City Council with a petition containing 547 signatures in support of a Sports Complex for the City of Paris. Mayor Pfiester declared the public hearing open regarding a new Sports Complex for the City of Paris, and called for those who wished to speak to come forward. Mark McNeil, Route 1, Box 304, Sumner, Texas, was present telling the City Council that the sports enthusiasts in the area, which included 7,300 youth and adults, got together in March of 2000 to discuss the problems and solutions for events and facilities. He said one of the problems that was discovered is that every sport in this city is played in a different area, which causes a hardship for parents with several children to get them from one place to another. Mr. McNeil said the existing sports facilities are over crowded and some are unsafe for the children. Mr. McNeil said there are not enough facilities for tournaments; therefore, people have to go out of town to play in tournaments. He said that one tournament would bring between 450 and 600 people to the Paris area with an estimated revenue of $35,000.00, which would help retail sales. Mr. McNeil said that parking is unsafe at most of the facilities. Gary Vest, President of the Chamber of Commerce, 1651 Clarksville Street, Special City Council Meeting February 19, 2001 Page 2 appeared before the City Council stating that he was in support of the Sports Complex. Mr. Vest said there is a great need for a multipurpose sports complex and this would promote tourism in Paris. Bill Sanders, representing the Breakfast Optimist Club, came forward telling the City Council that the Breakfast Optimist Club would like to go on record in support of a sports complex and additional recreational facilities that do not duplicate facilities that are already available in Paris. Mr. Sanders said the club will support in any way that it can, a sports complex and facilities that will serve the needs of softball fields, soccer fields, a building that would house four basketball courts, a second city swimming pool, tennis courts, roller blade hockey courts, skateboard facilities, and a walking track. Mr. Sanders advised that they continue to request the city to provide additional practice facilities for baseball, softball, and soccer, and he recommended that the Lake Crook area be considered for practice fields for those sports. Mr. Sanders reminded the City Council that their club has been dedicated custodians of youth baseball in Paris for more than 30 years. Mr. Sanders gave a history of the Paris Breakfast Optimist Club and further stated that they do not support a sports complex that includes baseball fields for the ages 5 through 14, which would be a duplication of facilities that are available. Richard Sharrock, Route 6, Paris, Texas, representing the Girls Softball League came forward and stated that the teams in Paris do not have the opportunity to host their tournaments because there are no facilities in Paris, Texas. Mr. Sharrock said for the last two years they have gone to New Boston for their tournaments. Mr. Sharrock said he had been coaching softball for 20 years and has seen the sport grow. Mr. Sharrock said his oldest daughter plays softball at Culbertson Park and they had to go to Wylie, Texas to play in their tournament as there were no facilities available in Paris. He said that they have a team that is number 65 in the nation. Mr. Sharrock said to help with the facilities, he would let the city have fencing material for newfacilities at his cost. Nancy Brannon, 1849 Lamar, appeared before the City Council speaking for Representative Mark Homer, who also supports a sport complex in Paris to attract more business and industry. Ms. Brannon stated that Representative Homer extended his help in anything that he might do to help in securing the complex. Sam Morrone, 3025 Oak Creek, came forward calling attention to a handout called "America's Greatest Fund Raiser." Mr. Morrone said a Sports Complex for one weekend with 30 teams entering a tournament at a cost of $250.00 per team would bring in revenue of more than $7,500.00. He said you would have Special City Council Meeting February 19, 2001 Page 3 gate fees of approximately $6,000.00, plus sales from T-shirts and concessions of $2,000.00. He said there would be a cost of $3,000.00 for umpires and trophies for a total profit in the area of $11,000.00, and further pointed out that if you had ten teams you would double that figure. Mr. Morrone also pointed out that the people coming into the City of Paris would spend additional money shopping, motels, and food. Mr. Morrone stated that this would be a big opportunity for the city. Henry Shaw, 1550 N. E. First Street, Director of the Boys and Girls Club, came forward stating that as a director of a youth facility, he was in favor of the sports complex. Mr. Shaw said it should be maintained for nonprofit organizations. He said that their facility was built in 1952 and is now too small for the present number of kids. Mr. Shaw told the City Council that the more recreational activities that are available for our youth, the better our community will be. Vernon Carter, 2200 E. Jackson Street, was present stating that he is the softball coach for Paris Junior College, and was in favor of the sports complex. He said it would accommodate growing youth recreation, which would lead to improved programs, skills and enlarge the opportunities for scholarships for college age kids. Terry Anderson, 2217 Cleveland, came forward advising that he was a softball coach and spoke in favor of the sports complex. Mr. Anderson said this would give a larger range of kids an opportunity to participate in all types of sports. Derrell Bulls, 2217 Cleveland, came forward stating that he represented the YWCA and the Paris Visitors and Convention Council. Mr. Bulls said he is a coach for the young ladies and they have more than 300 girls playing on two fields at Culbertson Park and they have no way of hosting a tournament. Mr. Bulls pointed out that a sixteen-team tournament held in Paris over one weekend would generate $324,000.00 in revenue. Mr. Bulls encouraged the City Council to take the sports complex under consideration. Joe Bob Margraves, Route 6, Box 1420, appeared before the City Council as a concerned citizen, and stated that as someone who has been involved in youth sports in Paris for a number of years, he recognizes that it is long past due to improve the parks in Paris. Mr. Margraves said he was currently involved with the girl's fast pitch softball. Mr. Margraves said they travel and have had the opportunity to play in cities that have set a priority on having quality facilities within their parks and recreation departments forthe youth in their communities. He advised that his team has had to pass in the past to host tournaments because of lack of adequate facilities, and pointed out the amount of lost Special City Council Meeting February 19, 2001 Page 4 revenue to the City of Paris because of that fact. Mr. Margraves said his wish list would be to have a four-field complex designed and built specifically with youth in mind. He pointed out the need to have separate facilities to support each age group, and urged the City Council to have separate facilities for youth and adults. Tommy Duncan, 2890 Clark Lane, came forward telling the City Council that this is a dream come true for him. Mr. Duncan said he has worked with kids for 51 years and the city needs this facility for the youth along with the adults. Mr. Duncan said the revenue from the facility could put money back into the development. Steve Coker, 935 Fairway, came forward advising the City Council that he works with Terry Townsend and Sally Wright in regard to the adult softball leagues in the City. Mr. Coker said there are 70 teams, which is about 2,500 people and they play at Wise Field. Mr. Coker said they hope every year that the city will build a sports complex. Mr. Coker said he has information on design for fields, concession stands and he would like to help anyway that he could to see that this comes to pass. Rick Hodges, Route 1, Box 422, was present, stating that he was a coach for youth of all ages and men's baseball, and would like to see a sports complex built in the City of Paris. Mr. Hodges also pointed out the amount of money this would bring to the city. Mr. Hodges also expressed concern for the safety of participants at present facilities that lack adequate parking and noted that the safety aspect of a sports complex which would have adequate parking for families with small children with no need to park on the sides of the streets. Phillip Coker,1310 S. E.18t" Street, appeared before the City Council telling them that he has coached and played baseball, and he would guarantee the City Council that a sports complex would generate revenue to support itself with money left over for additional fields for fastball, select teams, eightball, playground equipment and other things. He said this would put Paris, Texas on the map. Bard Coe, 3011 Lamar Ave, came forward stating that he was an advocate of youth recreation programs and felt like a sports complex would be one of the biggest assets the city could have. Mr. Coe said the city's facilities currently do not have restrooms, parking, or concessions, and are located in diverse areas throughout the town. Mr. Coe said a nice clean sports complex will work. Felix Stephens, Route 1, Box 149, was present stating that he was in support of Special City Council Meeting February 19, 2001 Page 5 a sports complex. Mr. Stephens said he has a dirt company and has worked on several complexes and discussed the types of soil that was needed for the facility and the process of building a complex. Maria Pope, Route 1, Box 118, appeared before the City Council in support of the sports complex. Ms. Pope expressed the need for adult soccer fields. Wade Blake, 403 Navajo Trail, came before the City Council stating that his interest was in adult softball. Mr. Blake discussed the conflict of only having two fields to play on. There is a conflict with having to play on Wednesday night, which is a church night, along with trying to schedule times that they can play. Mr. Blake stressed the need for this to be a family night out, and said it was something that a family can do together. Mr. Blake said a great many people in Paris would appreciated a sports complex. Ben Menchaca, 712 Pine Valley Drive and Joe Farmer, 3425 Pine Bluff, both appeared before the City Council voicing their support of a sports complex. They told the Council that their daughters play softball and they have to travel to other cities in order to play because there are no facilities available in Paris. Curtis Blake, 524 10t" S. E., was present telling the City Council that he was interested in both men's and adult sports and that he and his wife both play and they have to go out of town to play. Mr. Blake said it would be great to have one place they could go and take their family and feel safe. Rick Hodges, Jr., Route 1, Paris, Texas, appeared before the City Council advising that he plays church and industrial softball, and said his daughters want to play softball. Mr. Hodges said the sports complex would be great. Mr. Hodges advised that there is plenty of open land around Paris on which to build a complex. Jimmy Fendley, Route 1, Sumner, Texas, came forward telling the City Council that he was the Chairman of the YWCA and he has coached girls 12 and under in softball. Mr. Fendley said the issues that he was concerned with are parking space and the safety of our children, lack of field space and programming playing time, and he had heard this from several organizations in Paris. He said he supported the sports complex one hundred percent. Tommy Duncan came forward again stating that he was also speaking for the Noon Optimist Club. Mr. Duncan said there is a great need for practice fields for youth football, and would like to include youth football for the sports complex. He told the City Council that the Noon Optimist Club was in favor of the complex. Special City Council Meeting February 19, 2001 Page 6 No one else appeared, and the public hearing was declared closed. Mayor Pfiester expressed his support of the sports complex and said he felt the City of Paris should move forward by using money from the certificates of obligation that was set aside for improvements last year, for a fifty percent match if the city receives a grant from the Texas Parks & Wildlife Department. City Manager Malone said a sports facility has been the number one priority of the City's Parks & Recreation Master Plan for the past few years. City Manager Malone advised that Paris Junior College will allow the city to build a sports complex on an 80-acre tract adjacent to Love Civic Center. The City Manager said the land value could be used for part of the city's 50% match for a state grant. Afterfurther discussion, Mayor Pfiester called for consideration of and action on a resolution requesting donation of land from Paris Junior College for site of a new sports complex; authorizing the preparation of an application to the Texas Parks & Wildlife Department for a grant to fund Phase I, and soliciting voluntary contributions in support of the grant. Resolution No. 2001-017, resolving that the City Council of the City of Paris, Paris, Texas, hereby formally invite Paris Junior College to consider the donation of property or the use of property to be used as a potential site for a new sports complex; the donation of said property or the use of said property to be conditioned upon the city receiving sufficient grant funds from the Texas Parks and Wildlife Department or sufficient funds from other sources to enable the city to adequately fund the creation of a new sports complex; that the voluntary contributions and certificates of obligation in an amount not to exceed $500,000.00, are hereby authorized as the city's match for any potential grant for which the city may be qualified from the Texas Parks and Wildlife Department or from any other potential source of funding as may be available, was presented. A motion was made by Councilman Carter, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. There being no further business, a motion was made by Councilman McCarthy, seconded by Councilman Carter, to adjourn the meeting. The motion carried 6 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR ATTEST: Special City Council Meeting February 19, 2001 Page 7 MATTIE CUNNINGHAM City Clerk MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL FEBRUARY 13, 2001 The City Council of the City of Paris met in special session Tuesday, February 13, 2001, 6:00 P. M., Love Civic Center, South Hall, 2025 S. Collegiate Drive, Paris, Texas. Mayor Pfiester called the meeting to order with the following Council Members present: Benny Plata, Richard Manning, Joe McCarthy, and Kevin Gray. 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 announced that if there were anyone in the audience who had business to bring before the Council not listed on the posted agenda, to please let it be known that they might make their information available to the City Council in compliance with the Texas Open Meeting Act. Vickie Hime, 308 West Washington Street, came forward stating thatshe was sorry that she could not make the last meeting concerning the Post Office. Ms. Hime said that it is her understanding that the Post Office is handicapped accessible and suggested thatthe City Council meetings could be held there. Ms. Hime said this would also let some of the people see some of the beautiful downtown area that they are trying to renovate. Mayor Pfiester announced that the special meeting was called for the purpose of holding a public hearing to provide for citizen input to establish priorities for the use of Lake Crook property and the development of the Lake Crook Master Plan. He said this plan is being prepared by Mr. Terry Brannon with Brannon and Associates who is the professional engineer hired to do this study. And at this time, Mayor Pfiester introduced Mr. Brannon. Mr. Brannon came forward and addressed his comments to the audience. He explained his responsibilities and gave an overview of the plan and the process, inviting public comment and promising several alternatives to be considered fairly. Mayor Pfiester declared the public hearing open for comments from the audience. Bill Parr, Route 11, Box 670, Paris, Texas, came forward telling the City Council that he has always lived near Lake Crook. Mr. Parr said there is a need for a park and the lake area needs to be cleaned up. It needs to be Special City Council Meeting February 13, 2001 Page 2 patrolled by whatever law enforcement that is available. Mr. Parr said there is a need for a well-maintained road at Lake Crook. The improvements have helped, but it needs to continue to get better. He felt that Paris has started the right way to get interest established in Lake Crook and he would like to see it continued with more expanded, maintained places where children and adults can go and have picnics, more fishing areas, along with piers and docks built for people to fish off of. Gary Vest, 1651 Clarksville Street, Paris, Texas, representing the Lamar County Chamber of Commerce, appeared before the City Council and read a position paper of the Chamber of Commerce in regard to Lake Crook: "The Chamberwould like to see a comprehensive evaluation and feasibility study of possible development options for Lake Crook. The Chamberwould like to see a study of the long-term financial impact of development and non- development of the Lake Crook area. The Chamber would like to see the existing sixty two acre public park maintained and enhanced forthe citizens of Paris. The Chamber supports and endorses the maintenance of the rifle range, the skeet and trap shooting facilities, and the radio controlled model aircraftfacilities. The Chamber wholeheartedly supports and encourages the investigation of potential sources of increased property tax revenue and sales tax revenue." Steve Pearson, 4901 Wolf Creek, came forward stating that he represents the Lake Crook Sportsmans Association. Mr. Pearson said the suggestions that they have for the development and improvement for the existing park area is on the south and the east side and they feel security gates such as the type used at Pat Mayse Lake would be an improvement. They would like to see and promote walking trails, either paved or gravel, and bike trails. He said they see a need for a nature observation station, and would like more fishing piers, both covered and uncovered with a large deck area, volleyball courts, barbecue pits, and picnic tables on concrete pads. Mr. Pearson said they see for the north and west side of the lake a combination of walking, bike, and horse trails, either paved or gravel on the existing sandy road. Also, they would like to see some nature observation stations. Mr. Pearson said they would like to see the north and west side of the lake in a natural state, but would continue to support the growth of the existing outdoor sportsman's clubs and reinstate past lease agreements. He said theywould like to see parking areas on both ends of the road along the north and west side of the lake as there is no place to park. They would also like to see a secured and primitive area on the north side of the lake that could be used for cub scouts, boy scouts, church groups and other organizations. Special City Council Meeting February 13, 2001 Page 3 Mark Rothfuss, 2810 Willow Bend, was present and asked what is necessary for extending the existing sewer system to service the estimated 1400 homes that could be built around Lake Crook? Mayor Pfiester answered that he did not know at this time. Mr. Rothfuss wanted to know how much the developer would be responsible for and where would the line be drawn at a point where Paris would have to extend out to meet lateral lines to enter that zone? Mayor Pfiester advised that traditionally the city does not pay for water and sewer lines. Mr. Rothfuss said, as a part of the Lake Crook's Sportsman Association, they do not support building homes around Lake Crook. They do support the items that Steve Pearson mentioned, and hoped that the City Council will consider all the options that they have presented. Donny McHam, Route 1, Box 70-G, Blossom, Texas, appeared before the City Council asking the City Council to keep in mind a past projection of potentially 1400 homes that could be built around Lake Crook, and further asked what is the future cost to the citizens of Paris to expand and develop the existing water system to supply water to the homes that may be constructed? How much is the developer responsible for? How much is the city responsible for? Mr. McHam added that the Sportsmans Association of Lake Crook is speaking against the development, but they speak from their hearts and minds and not from their bank account or pocket book. Mike Fuller, Route 6, Box 2320, Paris, Texas, President of the Wild Turkey Federation Chapter for the Red River Valley area, came forwarding explaining that he is not speaking for the Wild Turkey Federation Chapter, but as an individual and he is concerned about this. Mr. Fuller stated that most of their members will agree with him in saying that they would not support residential development, but recreational development. Mr. Fuller said that this is a good area to go for good city recreational development. He said their Chapter has raised close to $200,000.00 that they give to the Texas Parks and Wildlife Department to restock the Red River Valley area with the wild turkey, which at one time was a major bird in this area. Mr. Fuller said they not only have wild turkey, they now have a hunting season and the area in question is heavily populated with the wild turkeys, and has turned in to being one of their strongholds. Mr. Fuller pointed out that any residential development would not be tolerated by the wild turkeys; they would leave the area. Mr. Fuller felt the city should focus on recreational development. Jerry Dudley,1303 N. Main Street, Executive Officerwith the Maxey Rifleman Gun Club, was present advising that their organization is also a part of the Special City Council Meeting February 13, 2001 Page 4 Lake Crook Sportsmans Association, and in polling their 300 members, they are all in agreement on the recreational development of the Lake Crook area. Mr. Dudley said that critical to development for a recreational area is getting waterand sewerand adequate restroom facilities forevents thattake place at the lake. Mr. Dudley said that currently there are no facilities like that. Mr. Dudley said there are opportunities for company picnics, family reunions, all types of functions that could be held there with adequate facilities. He said they would like to see camping areas developed in the park area. This could be in the northeast corner of the lake where there is good accessability from Highway 1499. Afee could be realized by the city for allowing campers to camp. Mr. Dudley said they support that area being developed for hiking trails, biking trails, a larger fishing pier that is lighted with a cover, and security gates. Dennis Johnson, 1303 LamarAve., real estate agent and general contractor, came forward stating that he has enjoyed growth and good economy over the past years and felt that residential development would be a plus for the City of Paris. Glenn Bryan, Route 1, Box 60-A, Blossom, Texas, was present stating that he is not a citizen of Paris but he works in Paris, and in the spring, summer and fall he is at the archery range at Lake Crook. Mr. Bryan said he also utilizes the lake for duck hunting and fishing. Mr. Bryan pointed out that there is a security gate into the lake area, but a lot of the time it is not open and he would like to see a manned gate. Mr. Bryan did not agree with the residential area being developed. Don Wilson, 3110 Stacy Lane, appeared before the City Council in support of both the recreational aspect of the lake as well as development. He sees development not as just adding another subdivision to Paris. There should be a method or way to encourage large developers to come in and build a golf course or something in conjunction with the homes. This would encourage people to move into that area from out of town, especially retired people. Mr. Wilson stated that retired people would be the key to increasing our economic base in Paris. Mr. Wilson pointed out that we go out and spend all kinds of money trying to entice businesses to get 500 employees here, but if we could get 500 retired people here, we would bring the same amount of income to the city. Mr. Wilson said it would not burden the schools or the police department, and it would add to our economic base because we would not have to abate the taxes for seven or ten years. He said the city would receive income immediately from those homes. Mr. Special City Council Meeting February 13, 2001 Page 5 Wilson advised that he was not in favor of just another subdivision, or in favor of building all homes around the lake, but felt that the city could continue to use the area where there are currently recreational facilities now, and as far as the developers, they have to put in water and sewer all the way to the necessary facilities for the City of Paris, with no cost to the city. They could be required in their bids to include the water and sewer cost of the recreational area. Mr. Wilson pointed out that the city would not be spending money to develop the recreational park, it would be part of the developer's cost. Julann Boatner, 3065 Mahaffey, came forward stating that she was the first president of the Parks and Recreational Board of Paris Texas, which no longer exists. Ms. Boater said she placed in front of the City Council some twenty years ago exactly what you are proposing to do today and nothing has been done in twenty years. Ms. Boater stated that she has a personal feeling about recreational development and natural wildlife to stay there, but it is going to take compromise from both sides to get something accomplished, because she does not want to wait another 20 years to see something productive at Lake Crook. James Smith, 39 E. Long Avenue, came forward telling the City Council that he would like to see the lake used for recreational purposes. Mr. Smith said he was not in favor of developing the lake areas for residential use. Johnny Hawks, Bogota, Texas, appeared representing the East Texas Equestrian Trail Riders Association consisting of 36 counties in East Texas and also represents an organization in this area called the Red River Valley Trail Riders. Mr. Hawks said they ride at Pat Mayse Lake, Caddo Grasslands, and other areas and they would like to see Lake Crook developed for horseback riding. Mr. Hawks said it would not cost the City of Paris anything because they can get a grant to put a horse camp in and develop the riding trail. Mr. Hawks pointed out that there are a lot of retired people that enjoy trail riding. Mr. Hawks said when they develop the trail it will be good for hikers, bikers, bird watchers, and boy scouts who could use them. Mr. Hawks said they have trails at Pat Mayse Lake and one in the Caddo Grasslands. Ed Seidle, 1363 Pine Bluff, appeared stating that he supported Don Wilson's concept and believed that the city needs to have a nice facility as he described for Lake Crook. Mr. Seidle said he also believes there is room for the recreational facilities. Mr. Seidle pointed out that the city has fine Special City Council Meeting February 13, 2001 Page 6 hospitals and doctors where we can cater to the seniors that spend money elsewhere instead of in this area. Marcy Annett, 930 Cope Drive, was present speaking on behalf of the Archery Club, and stated that she is in favor of the natural development of the Lake Crook area. She said she was against the residential development because of the restrictions of the use of the lake. Mary Lou Coe, 3020 Hubbard Street, came forward stating thatshe feels very positive about what Don Wilson said and felt that there was enough land to do both the recreational and residential development. She said she would love to see the north side of Lake Crook developed and would like to see the south side developed for recreational. Charles Baxter, Route 11, Box 620, Paris, Texas, appeared before the City Council and discussed the additional roads and trash that new improvements bring to the lake area. Mr. Baxter said he did not feel that people should have to pay for the improvements at the lake as far as taxes going up. Mr. Baxter said he would like to see the recreational part come in and the clubs that are already located at the lake should be able to continue as they are presently located. Michael Pentecost, 6375 Lakeview Drive, was present speaking in favor of a large portion of the lake property being developed as planned communities including walking tracks, tennis courts, playgrounds forchildren and picnic areas. Mr. Pentecost said there has been some concern voiced about cost to the city, but the City Council should consider future tax revenues that would come from people moving into this area. Jan Williams, 515 42"d S. E., came forward stating that the citizens of Paris will benefit more from dual development of the lake area because citizens, whether they use the facilities or not, are doing business in the City of Paris. They will use contractors; they will shop in the city; and they will use the medical facilities. All of those things will benefit from the new business that partial development will bring. Ms. Williams said the partial development of the residential property and the new money that brings in to finance all of the nice things that people have mentioned. She said all of those things are going to cost every citizen money unless you come up with a new revenue to pay for those things. Dr. Lawrence Love, 815 39t" Street S. E., advised the City Council that he Special City Council Meeting February 13, 2001 Page 7 considers Lake Crook to be a really valuable asset for the whole city and for Lamar County. Dr. Love said he is concerned with the fact that there seems to be an almost disproportionate representation of the sportsmen versus the people who are more in favor of development. He stated that he felt that the city should look at all aspects of the development of the area. Dr. Love said that two of the people that spoke about not developing the area happen not to be from Paris. He pointed out that the property is the City of Paris's property and is primarily for the citizens of Paris to be good stewards and get the benefits from it. Dr. Love felt that the city should evaluate all aspects of the development of the area, and before any decisions are made, he would favor that the city set up a referendum to find out what the citizens in Paris would like to do with that property. Bret Ables, 2625 N. W. Loop 286, was present stating that he is a member of the Wildlife Conversation Societies such as Ducks Unlimited and National Rifle Association. He is a hunter and fisherman, but he felt that this is much more important than that. Mr. Ables told the City Council that anytime you have an investment it is going to have a cost, and we are not looking at just the next year or two years, but you will have to look at the next ten to twenty years. Mr. Ables said we are not talking about money, but the third quality of life, better choices and better shops. Mr. Ables pointed out that people from Paris go to other cities to shop because they can not find the things and they do not have the selection here in Paris that they would like to have. Larry Fancher, 3930 Miranda, came forward stating that he first moved to the City of Paris in 1968, and at that time he had the good fortune to live on property that joined the Lake Crook property on the northwest side. Mr. Fanchersaid during the seven years he lived there, he eitherwalked or road a horse over much of this property, and during that time, he grew to love natural beauty. Mr. Fanchersaid thatthe City of Paris has a unique situation with this property, and in his opinion, this is the greatest asset that Paris has, and it should be used with great stewardship. Mr. Fancher said the property should be used to its highest and best use. Mr. Fancher stated he would like the City Council to look into the possibility of dredging the lake because you have 80 years of sediment. This would greatly improve the property. He would also like to see the property produce revenue rather than drain revenue. Dr. Richard B. Swint, 2510 Stillhouse Road, came forward and discussed the two types of people that have appeared speaking for what they believe and expressing their opinion about how the Lake Crook property should be Special City Council Meeting February 13, 2001 Page 8 utilized. Dr. Swint pointed out that we need topnotch recreational facilities for the citizens of this area and in these United States to compensate for a general workout. Dr. Swint stated that we have a need for people to be able to get outdoors and the Lake Crook Park area is what was conceived of for outdoors recreation 10 years ago. Dr. Swint asked the rhetorical question, "Where could you replace this property of this quality in this area for outdoor recreation?" He said there are numerous acres that could be sold for any kind of development. Dr. Swint stated that there is approximately 2,000 acres of land around Lake Crook that can be utilized for recreational purposes and stressed the great need for this type facility. Garry Robertson, 555 21St Street N. E., stated that he moved to Paris in 1965, and at that time Lake Crook was the primary recreational facility for this area. He said he lived in Paris until 1977 during which time he saw the Lake Crook Park fall into disrepair, disuse and disrepute. Mr. Robertson said since 1977, he has lived in North Dallas and has seen first hand the effects, both good and bad, of rapid development where the economic development of the area is advanced without due concern for the existing infrastructure and the effects on quality of life. Mr. Robertson stated that he was extremely concerned about mixed use development in this area. He stated that even a substantial residential development, in terms of the effects that it would have on straining the existing infrastructure, added traffic congestion and that sort of things. Mr. Robertson said that people that are in favor of economic development have a point that we do all benefit from that; however, he thinks the City of Paris has an invaluable resource in the relative pristine acreage around Lake Crook, and there are benefits to be had with relatively little expense by doing some minor improvements to the existing facilities and preserving the existing type of usage that the facility was originally layed out for. He suggested, as far as the comments earlier, that the revenue from a residential development would pay for the park facilities, unless the city is structuring their tax rates so they are a for- profit organization. It was his understanding that the tax rates for residential property were there to fund the maintenance of the infrastructure for that residential property, and should not be used for other purposes. Vickie Hime, 308 W. Washington Street, came forward stating that the city should keep Lake Crook recreational. Ms. Hime said she moved to Paris as the gentlemen speaking before her did in order to have a better quality of life. Ms. Hime said she recognized the need for the city to grow and have new development, but she felt the city was not taking care of what we have at this time, Special City Council Meeting February 13, 2001 Page 9 Dr. Don Wikoff, 5120 Oak Creek Drive, stated that he was speaking on behalf of the development of the area. As a member of the school board of North Lamar, he stated that they are always in the process of trying to find dollars for needed public education funding. Dr. Wikoff said that comes from a tax base that we all feel in our pocket book as we find that the tax rate has to go up to support the infrastructure that is needed. He said we should look at the resources of Paris and see how can we attract more industry or more revenue to Paris and Lamar County. Dr. Wikoff said Lake Crook is a tremendous resource. He thinks one of the other resources is the health care industry in Paris. The people that have been talking about leaving Dallas and coming here embellishes what he would say and that is that the elderly are looking for a safe place to retire and they do not want to stay in the crime ridden areas of Dallas. He said they want to come to areas that are accessible to the big cities but are still safe and have ready access to health care. Dr. Wikoff said the Lake Crook area could be developed to become a very important drawing card for Lamar County if developers were to come and master plan it to a facility that will attract seniors like Hot Springs, Arkansas has developed over the years. He said he would like to see the city move in that direction for Lake Crook. Larry Fendley, 635 42"d S. E., appeared before the City Council stating that Cooper Industries has been a rumor or fact for the last two years and he would like to see it drawn to a conclusion. Mr. Fendley said in doing so, he would like the City Council to answer a few questions for him. Does the Council support full valuation and the proposal of Cooper Industries? If so, who is the project manager? What is the progress on the project? When will you visit Cooper and when will Cooper visit us? What is the schedule for getting that proposal on the table so that we have an alternative to consider it with numbers? Mr. Fendley said if the answer to these question are negative, then you need someone to facilitate meetings between the Council and Cooper. Mr. Fendley said he volunteers to do the job at no charge, and he is qualified. Johnny Scroggins, 2515 Ballard, advised that he is for recreational development at Lake Crook. But it seems like we are thinking if there is not residential and commercial development done at Lake Crook, there will not be any in Paris. Mr. Scroggins pointed out that there are thousands of acres in Lamar County where there can still be commercial and residential developments if that is what we need. He encouraged the Council to keep Lake Crook for the people. Special City Council Meeting February 13, 2001 Page 10 Shannon Erickson, 494 CedarCreek Drive, told council thatshe supports the recreational use for Lake Crook. Ms. Erickson said she has three young children and they are avid fishermen and enjoy camping and they came to Paris in hopes of having an area to fish and camp. Ms. Erickson said her husband is in the medical community and they see a need for revenue to bring more people into Paris, and as Dr. Wikoff said, there is a large jewel in the local community that we can serve so many seniors. Ms. Erickerson said people in big cities are looking for places to come and retire. Ms. Erickerson said if the City of Paris is not going to pull in another Campbell Soup or Kimberly-Clark, the city needs to find a way to bring people to Paris. Ms. Erickerson pointed out that if people retire here, they will not be taking away from the schools and we will not have to build more schools for them. She further stated that most of the time the people retiring to an area will want to give the community volunteer services. Brad King, Route 1, Box 141, Sumner, Texas, came forward telling the City Council that he has a list of the incomplete housing developments in and close to Paris, Texas. He named Willington Point, Oak Creek, Twin Lakes, Brownwood, ParcOuest, Turtle Creek, Cobbs Farms, Morningside, Beaver Creek, Doe Run, Hidden Lakes, Movies Eight, and Wood Haven Estates, and he pointed out that these are incomplete and still have lots available. Mr. King wanted to know why we would want to build or develop around Lake Crook. Mr. King stated he would like to see the lake just as a recreational park. No one else appeared, and Mayor Pfiester closed the public hearing. Mr. Terry Brannon came forward again addressing the City Council, telling them that Denton County has a development district in which the county actually purchases the land or owns the land and they put the land back into the development, and the county is actually part of the private-public partnership. Mr. Brannon said this is different from what some of you have discussed. Mr. Brannon said the city can be in the partnership and can profit in the sale of the land. He said in that manner the city can make two to three times what the city could make from selling the acreage. Mr. Brannon said if revenue is something that the city needs or wants, that is one way of doing it. He said one gentleman made a comment that there is a lot of land around the Paris area that the city could develop, and that is an important point that he is going to have to consider and he will ask the Council to consider, because just opening a subdivision on Lake Crook does Special City Council Meeting February 13, 2001 Page 11 not bring people or buyers in. Mr. Brannon pointed out that there is a lot of land around Paris that could be sold or purchased at a much cheaper price. Mr. Brannon advised the City Council that the land that is around Lake Crook is not ideally suited for development. It is poor, it is not good land for development because if you come and look at the maps that he has developed, it is broken into about sixteen triangles and any developer will tell you that a triangle is death. It is a bad layout, poor efficiency, it does not generate a lot of lots. He said he did a preliminary development plan for Lake Crook on the north side of the lake, which is 525 acres. He divided it into one acre lots roughly with a set-back from the lake with a minimum of 150 feet for dwelling and 60 feet wide streets. Mr. Brannon advised that he was able to get 230 lots out of that acreage at a cost of approximately 8.5 million dollars development cost, and the math works outs to be something like $36,000.00 per lot for development cost. He said conventional wisdom, if you are in business, says you double that cost of your development, and that is your asking price for you lot. Mr. Brannon said you are starting with an asking price of $72,000.00 per lot and you have not included the land cost. He said the numbers get pretty bad. Mr. Brannon said Mr. Malone asked him to check into the cost of running the sewer line to the sewer plant, and the feasability is going to take care of itself. Mr. Brannon said that is why he was asked to look at that. He said there were some questions on position papers that the Chamber of Commerce has raised and he wants to look at that, but he believes that every point that is in the Chamber of Commerce's position paper is about things that they would like to see questioned, or questions that they would like to see answers for. Mr. Brannon said they will do the feasability and the numbers and include it in their report. Mr. Brannon said that he told the staff today that it is his opinion that there is way too much land to develop as a formal park because the city does not have enough city staff to maintain a formal park, so that means that some of the land has to be left in the natural state. Mr. Brannon said if the city had a thousand acres to develop, the absorption rate in Paris, Texas, is going to be 20 years. He stated that he would have to get the numbers and verify this with the real estate people here. Mr. Brannon said the other plan is for a trail system. He said it appears to him that if the city was to do a trail on the northwest side of the lake, it would be 4.5 miles long. If you did a trail on the south side of the lake running about the Maxey Rifle Club all the way to near the dam where the recreations are already, it is almost 3 miles, so you would have about 7.5 miles of trail there that could be developed. Mr. Brannon said if you do a Special City Council Meeting February 13, 2001 Page 12 trail, you will have to do hiking, biking, roller skating, and walking and horseback trails. Mayor Pfiester called for the tabulation of bids for the services of a qualified contractor or contractors to remove debris that resulted from the ice storm damage that occurred December 25, 2000, and the bids were presented and a copy of the tabulation is attached hereto as Exhibit A. After discussion, a motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, to award the bids to Storm Reconstruction Services. The motion carried 5 ayes, 0 nays. There being no further business, a motion was made by Councilman Plata, seconded by Councilman McCarthy, to adjourn the meeting. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM City Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL February 12, 2001 The City Council of the City of Paris met in regular session Monday, February 12, 2001, 6:00 P. M., Paris Junior College, Applied Technology Building, Room 1016, 2400 Clarksville Street, Paris, Texas. Mayor Michael Pfiester called the meeting to order with the following council members present: John F. Bell, Richard Manning, Joe E. McCarthy, John A. 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. Mayor Pfiester asked if there were any corrections to the minutes of previous meetings, there being none, a motion was made by Mayor Pro Tem Manning, seconded by Councilman Plata, for approval of the minutes as presented. The motion carried 7 ayes, 0 nays. City Manager Malone advised the City Council that they had been furnished copies of the December 13, 2000, and January 17, 2001, minutes of the Paris Public LibraryAdvisory Board, the January 24, 2001, minutes of Paris Lamar County Board of Health; the February 5, 2001, minutes of the Airport Advisory Board; the December 7, 2000, minutes of the City Council Drainage Study Committee; with no action being required; and the February 6, 2001, minutes of the Traffic Commission with two recommendations for consideration by the City Council. ORDINANCE NO. 2001-003 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 THE TRAFFIC PARKING MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31-65 OF SAID CODE; REMOVING A DESIGNATION FOR A HANDICAPPED PARKING ZONE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF MARCH 1, 2001, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for adoption of the ordinance. The motion carried 7 ayes, 0 City Council Meeting February 12, 2001 Page 2 nays. ORDINANCE NO. 2001-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ESTABLISHING A MAXIMUM, REASONABLE RATE OF SPEED ON CERTAIN PORTIONS OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE CITY OF PARIS; PROVIDING FOR A FINE NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF MARCH 1, 2001, 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. Ms. Ann Gilliland appeared before the City Council inviting them to the Artrain USA's opening reception and activities planned for February 15-18, 2001, by the Paris Area Arts Alliance and displayed a poster that will be placed around town. Ms. Gilliland gave the City Council a schedule of events for the Artrain. Ms. Gilliland said there will be students that are in the sixth grade coming from the Lamar County Schools and Mt. Vernon has requested that they bring their students as well. There may also be a request from Honey Grove. Ms. Gilliland advised that public tours will take place Saturday and Sunday from 10:00 A. M. to 5:00 P. M. Ms. Gilliland again extended an invitation to the City Council. Wes Tidwell, a partner with the Moore Law Firm, 100 N. Main Street, appeared before the City Council furnishing information regarding Brownstone Development. Mr. Tidwell said he was appearing before the City Council on behalf of Brownstone Development representing the principals, Wayne Brown, Chad Brown, and Cade Stone, who were also present. Mr. Tidwell raised an issue concerning the development that was occurring out on FM 195, and asked whether or not the city would grant their request that the city participate in the over-sizing of the streets. Mr. Tidwell said there is a large street that built by the developer, Mr. Wayne Brown, who had previously appeared before the City Council and was requested by the city to build a 39 foot street. Mr. Tidwell said it was his contention that the Code really requires a 28 foot street, and in this City Council Meeting February 12, 2001 Page 3 instance Mr. Brown was requested to build a 39 foot street, an over-sizing of approximately 11 feet. Mr. Tidwell said there are some arguments for that, but there are numerous arguments against it. Mr. Tidwell said that back on September 6, 2000, he sent a letter to Mr. Schenk presenting their claim and asked that it be considered. He said they had gone through a number of open record requests trying to get other information. It was after all of that, that on December 15, 2000, they presented the formal demand that the matter be paid. He said it was explained to him that it had already been denied back on September 6t" and it was still going to be denied at this point. Mr. Tidwell said what they need to compare this to is what has happened in the past, as well as previous statements made by those who have appeared before this Council, one of whom was Earl Smith. Mr. Tidwell said he believes in this exhibit package he has given the Council minutes from the November 4, 1999, meeting where an issue very similar to this arose with a development by Mr. Monte Moore, which is located on the N. E. Loop and connects 34t" N. E. Street with Loop 286 N. E. Mr. Tidwell advised that, in that instance, Mr. Moore was required to build a 39 foot street and this 39 foot street goes through his development which contains some commercial lots as well as residential lots. To help the Council understand what is going on out there, he presented photographs of the development of Mr. Moore's. Mr. Tidwell said at this point in time, there are two commercial buildings that have been builtthere and that it could be seen from the photographs thatthey contain numerous loading docks, bay doors, and similar features and, that looking back, maybe the 39 foot street was a request of Mr. Moore because there was going to be heavy truck traffic out there. Mr. Tidwell went back to November 4, 1999, where Mr. Moore appeared before the City Council complaining about the fact that he was being requested to build an over- sized street. Mr. Tidwell reviewed that portion of the minutes wherein Mr. Smith was asked to address that issue. Mr. Tidwell read a portion of Exhibit G of his handout as follows: "Mr. Smith pointed out that the difference is 11 feet and what the City Council needs to be made aware of is, it has always been our understanding that in the Subdivision Ordinance the developers are required to meet certain minimums then anything that the city imposes beyond those minimums, the city picks up the cost. Mr. Smith said this is not one of those things in a Comprehensive Master Plan for it to be a thoroughfare street, and there is nothing in the ordinance that he can point to and say the developer has got to build a 39 foot street, so in this case, it is his opinion that the 39 foot street would be advantageous as it is zoned commercial. Mr. Smith said there are a lot of things that are City Council Meeting February 12, 2001 Page 4 occurring in commercial zoning and at this time we do not know what that is, but the main point is based on the past. The City will be responsible to pick up that additional cost difference between 28 foot street and a 39 foot street." Mr. Tidwell said essentially this is what they are asking for from the City Council. Mr. Tidwell pointed out the differences between Mr. Moore's development and the Hills Development being developed by Brownstone. He said the Hills Development is going to contain approximately 250 residential structures which is an upscale development. Mr. Tidwell said just yesterday in the Paris News, Jack Harris, the Research Economist at the Real Estate Center with the Texas A&M University in College Station, was talking aboutsome of the upscale retirementcommunities and quoted what Mr Harris said "generally, upscale residences provide more tax revenue than they require services," Harris said, explaining the communities require less police and fire protection and even less maintenance of highways systems." Mr. Tidwell asked that we compare Mr. Moore's development with that of Brownstone. He said Mr. Moore's has commercial development and loading docks as you can see from the pictures. It is contemplated there are going to be heavy industrial trucks coming through on a daily basis. He advised that Brownstone does not. It is all residential with no commercial. Mr. Moore's street also connects 34t" Street N. E. with the Loop, which is heavily traveled, not just by those that are going to live in Mr. Moore's development, but also those that live in those other developments up through Elk Hollow Rd. Mr. Tidwell said it is a cut through; further more, you could have, because it is a commercial development, on-street parking problems. He said that when you are looking at the Brownstone Development you are talking about upscale houses that are going to have probably two, if not three, maybe even four garages that are set on very large lots. There are not going to be on-street parking problems. Mr. Tidwell said in his discussion with Mr. Schenk, that they had talked about the need for fire, police, and garbage trucks getting down through those 28 foot streets. He pointed out that in the packet that he gave the City Council, he noted that there are a number of different Paris Subdivision Code provisions (Appendix B) which are going to apply to this, but essentially, he advised the City Council that he thinks there is a conflict in the code. Mr. Tidwell stated that these issues need to be addressed at some point in time as builders work so diligently to try and increase the tax roll for the city. Mr. Tidwell said what they are asking for is a reimbursement of $33,351.00 for the 11 foot overage of the City Council Meeting February 12, 2001 Page 5 street. He said they were not asking payment for the extra land that has been taken in because of this, it is strictly for the paving cost. Mr. Tidwell advised that this is an equal protection claim. Mayor Pfiester said he read all the information regarding this matter and to him, there is one difference, that being that when the plat was submitted to the Council for approval, one of Earl Smith's recommendation for the Monte Moore Development was that he widen the streets. He said that the plat submitted for the Hills was dated on March 3, 2000, and in that letter there is no recommendation. Mayor Pfiester said the street was proposed to be 60 feet and he needs someone to show him where the City has asked for the street to be oversized. The Council took the matter under consideration. Mayor Pfiester called for the receipt of the annual audit report for the City of Paris for the fiscal year ending September 30, 2000, prepared by McClanahan & Holmes, Certified Public Accountants. Gene Anderson, Director of Finance for the City of Paris, came forward presenting the City Council with a copy of the annual audit. Mr. Anderson said that under the City Charter there is a requirement that an annual audit and financial statements be completed. Mr. Anderson said contained within the Comprehensive Annual Financial Report for the City is the Auditor's Report. He called the City Council's attention to the second page where there is a table of contents that lists everything that is in that report; if you are looking for anything in particular that is a good place to start. Mr. Anderson pointed out that on Page I-3, there is a transactional letter that discusses in more laymen terms what went on in the city during that time it was audited. He said that on Page I-13, there is a copy of a certificate of achievement for excellence in financial reporting that the city was awarded last year, which is an independent review of the city's financial statements. Mr. Anderson said on Page 1 there is a opinion letter from McClanahan & Holmes, and Mr. Anderson read a portion of this letter to the City Council. Mayor Pfiester called for the receipt of a petition for annexation of the Hills Subdivision. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, to receive the petition for annexation of the Hills Subdivision. City Council Meeting February 12, 2001 Page 6 The motion carried 7 ayes, 0 nays. Resolution No. 2001-008, granting a petition for annexation of certain territory consisting of 14.563 (called 15.231) acres, more or less known as the Hills No. 1 as shown on the Final Plat of said subdivision filed with the County Clerk of Lamar County on January 18, 2001, was presented. A motion was made by Councilman Plata, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2001-005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION 3 OF ORDINANCE NO. 2000-067 AND SPECIFICALLY SECTION 16-39 (a) OF ARTICLE II OF CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS, AS ADOPTED BY SAID PRIOR ORDINANCES, TO REFLECT A REVISED STREET USE FEE IMPOSED ON SOLID WASTE COLLECTORS; PROVIDING A SEVERABILITY CLAUSE; PRESERVING THE TERMS AND PROVISIONS OF THE PRIOR ORDINANCES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATED, WAS PRESENTED. After discussion, a motion was made by Mayor Pro Tem Manning, seconded by Councilman Bell, for adoption of the ordinance. The motion carried 6 ayes 1 nay, Councilman Gray voting no. ORDINANCE NO. 2001-006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION 3 OF ORDINANCE NO. 200-067 AS THE SAME ADOPTED NEW SECTIONS 16-21 THROUGH 16-60 TO ARTICLE II OF CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS, REVISING SECTION 16-34 (b)(5) TO REQUIRE REVISED INSURANCE REQUIREMENTS FOR ISSUANCE OF PERMITS THEREUNDER; PROVIDING ASEVERABILITY CLAUSE; PRESERVING THE TERMS AND PROVISIONS OF THE PRIOR ORDINANCES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by McCarthy, seconded by Councilman Plata, for City Council Meeting February 12, 2001 Page 7 adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2001-007 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 PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Plata for adoption of the ordinance. The motion was seconded by Councilman McCarthy, and carried 7 ayes, 0 nays. ORDINANCE NO. 2001-008 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 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 PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Plata, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for tabulation of bids for furnishing and delivery of a Radio Transmitting Personal Alert Safety System to include one (1) LCD Command Receiver, one (1) Enhanced ReceiverAntenna, One (1) Handheld Mobile Repeater, and sixty (60) Transmitting-Personal Alert Safety System (T-PASS) Devices for use by the Fire Department. City Manager Malone advised that only one bid had been received in the City Council Meeting February 12, 2001 Page 8 amount of $33,560.00 from Grace Industries, Inc., who is the only known supplier for these units. Rick Evans, Interim Fire Chief, came forward explained that the T-PASS system is a personnel accountability system that allows a firefighter who may be injured, trapped or that is rendered unconscious at an emergency incident scene to be located by other firefighters. After discussion, a motion was made by Councilman Gray, seconded Mayor Pro Tem Manning, to award the bid to Grace Industries, Inc., in the amount of $33,560.00. The motion carried 7 ayes, 0 nays. Resolution No. 2001-009, ordering the regular Municipal Election for the City of Paris, Paris, Texas, to be held on the first Saturday in May 2001, same being the 5t" day of May 2001, between the hours of 7:00 o'clock A.M. and 7:00 o'clock P. M., by the qualified voters of Districts 4, 5, and 7 of the City of Paris, Paris, Texas, with early voting for the same being conducted in the City Hall Annex West from the 18t" day of April 2001, through the 1St day of May 2001, Monday through Friday, between the hours of 8:00 A. M. and 5:00 P. M., for the purpose of electing the Council Members from each of said Districts to serve as members of the City Council for the ensuing two (2) years, 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. City Manager Malone presented a resolution supporting the efforts of the Fannin Rural Rail Transportation District to continue rail operations and transportation service along feeder tracks within Lamar County and Paris, Texas. Sue Fancher, 3930 Miranda, came forward stating that she was here to speak for helping the rail district do everything they can to become a viable short line railroad. Ms. Fancher said the reason she became involved is that she believes in rural America and that the railroads are vital to helping stay connected for rural America, and in this instance there is a line and a railroad, which is Fannin County Rail District. Ms. Fancherexplained that there is a four mile piece of track that will determine whether this rail district can be a viable working short line railroad. Ms. Fancher said she did not believe that this has to be a win-lose situation. She said she has been in conversation extensively with the rail district and the railroad that City Council Meeting February 12, 2001 Page 9 has the lease with the rail district, and she did not believe they look at it as a win-lose situation, but as a win-win situation so that they would have an east and west short line railroad as well as the north-south line that is here. Ms. Fancher said she did not believe that they wanted to put anyone out of business, but that four miles will be detrimental in determining whether that 45 mile track could be used for a short line railroad. Ms. Fancher stated that she felt that they would be willing to work with the Kiamichi Railroad and further stated that competition is the best. Gary Vest, 1651 Clarksville Street, came forward stating that he has some questions about endorsing the Fannin County Rural Rail District. He was very familiarwith rural rail districts and there are several cases, such as in Sulphur Springs, where it was vital to keep rail service to that community. Mr. Vest said at the same time, here in Paris, we were abandoned by the Texas Northeastern Railroad. They abandoned the rail from Paris to Clarksville and on to New Boston, and then they told us in a meeting that they intended to abandon the rail between Paris and Sherman. Mr. Vest said that is the course they are taking now. Mr. Vest advised the City Council that the Fannin Rural Rail Transportation District was formed to save that line. He said there are a lot of questions, and there is a lot of need there, but his concern arises out of the fact that the Kiamichi Railroad has come in and struck a deal with the Texas Northeastern Railroad to provide all the services in Paris, provide all the switching, and they provide all the connections to Burlington, Southern Pacific and any other railroad that any of our users want to use. He said he did talk to the head of the States Rails today and there are two representatives here from Kiamichi, and he would like to hear from them to make sure before the endorsement is made. Mitch Becker, General Manager of the Kiamichi Railroad, based out of Hugo, Oklahoma came forward stating that they were present to ensure that council members understand the facts and the issues. He wanted the Council to know what endorsing Fannin County Rail District would mean. He asked that they strictly consider the facts. He said it would be a risk for the city if they choose to support this request. He said one risk is that the rail service that you already have in place could go away. Mr. Becker said the public, shippers, and vendors who may already be established with Kiamichi are hearing from the Fannin Rail District that they want to increase jobs, have a warehouse come in, and many other things. He said the city of Paris already has the Kiamichi Railroad who is prepared to City Council Meeting February 12, 2001 Page 10 provide those things right now. Mr. Becker said they have five day service at this time and if this is taken way, you do not have a guarantee that will happen again. He said what you would be giving up is what you have proof of right now. Mr. Becker said that, as far as competition, you might want to look at that because if they can not get to all of the classes, the ones like Kiamichi has access to right now with B&SF, UP at Grant for the west market, UP at Hope Arkansas for the east market, and Kansas City from the north to south to the Louisiana and Gulf areas, then you would be losing service. Mr. Becker stated that the city has everything they are asking for. He said the city has available now all the class ones that you could askforand even have competition and a reasonable rate. Mr. Becker asked that the city to do a lot more research by asking customers in the city and make sure what he is saying is true. After further discussion, a motion was made by Councilman Bell, seconded by Councilman McCarthy, to table action on this resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-010, affirming that the City of Paris has complied with the requirements of the Public Funds Investment Act; amending the City's investment policy; making other findings and provisions related to the subject, and providing for an effective date, 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. 2001-011, resolving that the City Council of the City of Paris, Paris, Texas, hereby officially declines to consider the complaint of the Texas Department of Transportation against Texas Utilities Electric Company filed January 29, 2001, whereby the Texas Department of Transportation seeks a refund for overcharges related to photocell controlled lighting inside the corporate limits of the City of Paris. That the City Council further refuses action on said complaint, and the City Council defers jurisdiction over said complaint to the Public Utility Commission of Texas, was presented. A motion was made by Councilman Plata, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-012, approving the Owner-Occupied Rehabilitation Program Design, HOME No. 530395, and authorizing and directing the City Manager to execute on behalf of the City of Paris the Owner-Occupied City Council Meeting February 12, 2001 Page 11 Rehabilitation Program Design, HOME No. 53095, was presented. A motion was made by Councilman Bell, seconded by Mayor Pro Manning, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-013, approving the appointments of Maria Pope, Rick Hundley, William Heuberger, Effie Grandberry, and Christa Cherry to the Housing Board forthe Owner-Occupied Housing Assistance Program, 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. 2001-014, resolving that the lease for Hangar H at Cox Field Airport be advertised for bids on the basis of such plans and specifications as the city staff shall deem appropriate, such bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 1St Street S. E., Paris, Texas 75460, until 3:00 P. M. on Tuesday, March 6, 2001, at which time said bids will be opened in the City Council Chambers, City Hall, 135 1St Street S. E., and bids will be tabulated and presented to the City Council on the 12t" day of March 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. Resolution No. 2001-015, approving the form of the Contract Change Notice No. 03 to the contract for Public Health Services, TDH Document No. 7560022067-2001, and authorizing and directing the City Manager to execute on behalf of the City of Paris, which is the authorized contracting entity for the performing agency, the Paris-Lamar County Health Department, Contract Change Notice No. 03, regarding WIC Card Participation, to the Contract for Public Health Services, 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. 2001-016, approving and authorizing a contract between the City of Paris and the firm of Allison, Bass & Associates, L.L.P. to provide necessary professional services to assist the city in federal and state mandated apportionment and reapportionment of City Council single member districts as mandated by state and federal Law and Section 5 of the Federal Voting Rights Act, designating the City Clerk and the City Attorney as the City's official representatives to interface with the City Council Meeting February 12, 2001 Page 12 consultants during the process of reapportionment, 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. Mayor Pfiester called for consideration of and action on a motion approving the solicitation of proposals and quotations, in an amount not to exceed $2,500.00 per unit, forthe purchase of nine laptop computers for the implementation of the Paperless Agenda Project. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, approving the solicitation of proposals and quotations, in an amount not to exceed $2,500.00 per unit, for the purchase of nine laptop computers for the implementation of the Paperless Agenda Project. The motion carried 7 ayes, 0 nays. City Attorney Schenk advised the City Council that he has included in their packets an information item pertaining to the rate adjustment under case number FCC 140 and 1205 from Cox Communications. He explained that what every cable company goes through, is to fill out federal mandated forms similar to income tax forms; he has included a portion of the form for their review. City Attorney Schenk said that results in a rate that will be authorized pursuant to the rates established by the federal law. City Attorney Schenk said Mr. Tim Masters forwarded this information to the City and noted this will result in an increase in basic service rates from the current $10.51 to $11.10 effective May 1, 2001. City Attorney Schenk pointed out that under the federal forms the company has justified raising the rate to $11.31 and they prefer not to do that. The other adjustments have to do with installation of equipment rates and those are set out in the proposed rate structure, and this is information only. City Manager Malone reported that the Salary and Wage Study is not complete and it is hoped it will be completed in March. He said the final report should make recommendations about the implementation of any changes to salaries and wages. City Manager Malone explained the status of the Santa Fe - Frisco Depot Project. The inmates of the Buster-Cole Unit of the Bonham State Jail are working with Wendell Moore of Hanson and Associates to complete the roofing. They are working on the dormers at this time. There will be a City Council Meeting February 12, 2001 Page 13 meeting with the architect, A. J. Garza of Keystone Architects, this week in Austin and it is hoped that there will be a resolution of some of the problems with the specifications. A second round of bidding could then take place in March. Regarding the status of Fire and EMS Stations Number 2 and 4, City Manager Malone said the city is waiting for completion of the natural gas lines at Fire and EMS Station Number 2, which is 92% complete. He said the project should be completed within a month when the gas line is installed. He advised that Fire and EMS Station Number 4 is ready to be bricked and is 57% complete, and the estimated completion time is from three to three and one-half months. City Manager Malone reported that all of the streets, water lines, and sewer lines are installed, but the lift station has not as yet been installed for the Eastgate Subdivision Project. He said they are about to start construction on the first home. City Manager Malone said the improvements have been completed and the street has been repaired with exception of some repairs to a carport and driveway for the Neatherly Street Drainage Project. City Manager Malone also reported that the outfall line of the Sanitary Sewer Evaluation Survey Repair Project is about complete. They lack two 28 foot pre-cast manholes and tying into the main line. He said the city is about to begin a 5,000 foot replacement of a clay tile sewer line in the 3200 block of West Houston. Work has been completed on a manhole on about 300 feet line on West Austin behind Heritage Hall. City Manager Malone reported that city staff is in the process of reviewing proposals from various engineering firms and will be making a recommendation about selection of an engineer for the Main Street Downtown Streetscape Project. City Manager Malone advised the City Council that Maria Pope has updated the Paris Web Site and she is continuing to work making corrections along with making additions. City Manager Malone advised the City Council that staff is continuing to bring together all of the components necessary for the Paperless Agenda City Council Meeting February 12, 2001 Page 14 Project and that work is on schedule. City Manager Malone said we have had a lot of inquiry regarding the animal shelter project and reported that a number of sites have been looked at in various locations and there have been problems with them. He said presently the city is looking at the northwest corner of the fairgrounds, which is property that the city owns and can be taken back for use for a city project. He advised that excavations have been performed to see what the soil is like and if the city is able to utilize that property, it is probably the best location that for this project. City Manager Malone advised the City Council that he expects to have the bids ready to be considered for the storm debris removal and the meeting tomorrow night. He asked all citizens to place their limbs and brush on the curb for pick up as soon as possible. City Manager Malone said Public Works and our citizens have been hauling a lot of brush to a location on Fitzhugh Avenue, and one of the components of that bid is to remove that brush from that location and take it to another location to be to be ground up. City Manager Malone advised that two projects, the Long Street Improvement Project and the MLK Improvement Project had been awarded to Stephens and Sons for construction and notice proceed has been issued. City Manager Malone reported that the city has been turned down for a second time on its Heritage Park Texas Parks and Wildlife Grant Application. He said they were trying to recoup and will come back to the City Council with a recommendation on how to proceed. The City Manager reported that all the field surveying and the plan profile that the City Council authorized have been completed for the Wade Park, 24t" Street, and Lamar Avenue Drainage Project. Hayter Engineering is analyzing that data to make a recommendation on how to proceed with this project and solve the problems or abate them in some way. The City Manager reported on the status of various waterline projects in N. W. Paris: from 7t" N. W. to 13t" N. W. on Graham; on 9t" Street N. W. to Bonham; and West Houston Street from 7t" Street to 11 t" Street; on Connor Street from 9t" N. W. to 1 1 t" N. W.; on 1 1 t" N. W. Street from Graham to City Council Meeting February 12, 2001 Page 15 Connor, and on 24t" Street from Bonham to Graham, advising that all of those projects have been completed. One project, 11t" N. W. to 12t" N. W. on Graham Street is still under construction. He said it is hoped that project will be completed next week. City Manager Malone advised the City Council of a water line repair project that is about to get underway in S. E. Paris. The project is the replacement of an 8 inch pipe that serves Jefferson Heights. When the existing line breaks, there is no other source of water to those citizens. City Manager Malone said it is cast iron line and has broken numerous times and the city is replacing approximately 5,000 LF which is expected to cost in the neighborhood of $50,000.00. The City Manager reported that the playground equipment has been ordered for the Record Park Improvement Project and has been delivered to the installerwho is certified to install GameTime Equipment. He advised that there is a handout in the City Council's packet, and he expects this project to be finished by the end of April. The cost for this project is approximately $34,000.00. City Manager Malone advised that there is approximately $12,000.00 worth of work to replace all of the lighting on both of the baseball fields at Culbertson Park. Hiebert Electric gave the lowest quote and they are waiting for the fields to dry out in order to get their equipment in. City Manager Malone reported the status of the Owner Occupied Rehabilitation - Reconstruction Grant Program was approved tonight and the city will be awarding the contracts to builders this week. He said by the end of October it is hoped that we will have 15 houses built for low and moderate income citizens. The City Manager announced that there will be a City Council meeting at Love Civic Center tomorrow night at 6:00 P. M., which is a public hearing to receive input on uses for the Lake Crook property and the Lake Crook Master Plan. He also said the City Council will be awarding the bids for debris cleanup. City Manager Malone said he was working on formulating a meeting for Monday, February 19, 2000, as there are citizens who want to bring forth a petition for a Sports Complex and that meeting will provide an opportunity to discuss those issues. City Council Meeting February 12, 2001 Page 16 There being no further business, a motion was made by Councilman Bell, seconded by Councilman McCarthy, to adjourn the meeting. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM City Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL February 8, 2001 The City Council of the City of Paris met in regularsession Thursday, February 8, 2001, 6:00 P. M., Paris Junior College, Applied Technology Building, Room 1016, 2400 Clarksville Street, Paris, Texas. Mayor Michael Pfiester called the meeting to order with the following Council Members present: John F. Bell, Richard Manning, Joe E. McCarthy, John A. 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. City Manager Malone presented the minutes of the Planning and Zoning Commission meeting held February 5, 2001, and attached hereto as Exhibit A to these minutes. City Manager Malone reported that there were two items on the Planning and Zoning Commission's agenda. One was a public hearing to consider the petition of Tammie Green for a change in 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, Lot 34, City Block 160, located at 1117 3rd SE. The Planning and Zoning Commission recommended approval of this petition with a vote of 6 ayes, 1 nay. City Manager Malone advised the City Council that the second matter that the Planning and Zoning Commission reviewed was a petition for Mr. J. R. Lane for a change in zoning from Agricultural District (A) to a Multiple-Family Dwelling District No. 1(MF-1) located in the 500 block of 19t" SW. City Manager Malone said the city had received a letter that the petition has been withdrawn, so there will be no need to have a public hearing or action on Items 5 and 6, which relates to the petition for Multiple-Family zoning. Jerry Higgler, 849 4t" S. W., came forward and requested that everyone in the audience who was present opposing this zoning change be allowed to stand. Mayor Pfiester asked those in opposition to the request to stand and be noticed. Mayor Pfiester declared the public hearing open on the petition of Tammy Green for a change in 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 Lot 34, City Block 160, being number 1117 3rd SE. City Council Meeting February 8, 2001 Page 2 Mayor Pfiester called for proponents to appear, and Tammy Green with Quality Homes, 300 N. E. Loop 286, appeared before the City Council representing Mr. Patterson requesting the zoning change. Ms. Green said there are manufactured homes in the area and asked for the City Council's consideration in this matter. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. ORDINANCE NO. 2001-002 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A ONE-FAMILY DWELLING DISTRICT NO. 3(sf-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES ON LOT 34, CITY BLOCK 160, ON PROPERTY BELONGING TO JAMES PATTERSON ON BEHALF OF TAMMIE GREEN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2f); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO. 3(sf-4) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES 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 OF MARCH 1, 2001, 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 declared the Public Hearing open to provide for citizen input, comments, and ideas for the potential uses of the old U. S. Post Office Building in Paris, Texas. Mayor Pfiester stated that the Postal Service has offered this property to the City of Paris for $559,000.00. Paul Denney, 2435 Clark Lane, came forward stating that his concern is that many of the governmental agencies in the lastseveral years have made a flight out of the downtown area. Mr. Denney said he believes a government is one City Council Meeting February 8, 2001 Page 3 of the best tools that there is to revitalize the downtown area. He said he knows that the city has studied the building with regard for use as a police station and he is not one hundred percent in agreement with the result of the report, but that is not for him to judge. Mr. Denney urged the City Council to make every effort to try and put something in that building. He said he would even support placing the present city hall annex in the old Post Office building and using the annex building as a warehouse. Ed Seidle, 1563 Pine Bluff, came forward voicing his opinion that if the City of Paris can get the building for a nominal fee, he would like to see it turned into City Hall. Mr. Seidle did not agree that it should be used for the Police Department, but agreed that something worthwhile should be done with the building. Bill Payne, 436 S. Church Street, appeared before the City Council stating that he is a member of the Moore Law Firm. Mr. Payne stated that the old Post Office is one of the most impressive public structures that we have and it should remain for public use. Mr. Payne urged the City Council to look at all alternatives and to consider moving City Hall to that location. Mr. Payne encouraged the City Council to look at further alternatives regarding the police station because it is important that the police station be kept in the downtown area. No one else appeared, and Mayor Pfiester declared the public hearing closed. Councilman Carter said it was his understanding that the current offer of $559,000.00 was their asking price and they are not going to take a nominal fee at this time. City Attorney Schenk advised that their position is the building has value and there is a real estate firm that is representing the Postal Service for the sale of the building and they are trying to do the best job for their client. He said the $559,000.00 is an appraisal that they had done and it is not an appraisal that the city has access to. City Attorney Schenk said in the latest correspondence received it was indicated that after February 13t" there will be a public offering stage of the process, but that does not keep the city or anyone that is a qualified public entity from making an offer at any time. City Attorney Schenk explained that there will be certain restraints on what can be done with the City Council Meeting February 8, 2001 Page 4 building regardless of who purchases the building, which will preserve some of the historical significance of the structure. City Attorney Schenk presented the following rezoning petitions: Max Killingsworth, Jr., Lot 4, City Block 257-A, from a One-Family Dwelling District No. 2 to a Multiple-Family Dwelling No. 1 District; Eric Clifford, Lot 1, City Block 313, from Agricultural Districtto Commercial District; Tammie Green, Lot 10A, City Block 75, from a Two-Family Dwelling District to a One-Family Dwelling District No. 3 with Specific Use Permit (39) Mobile Homes. Mayor Pfiester referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting scheduled for March 5, 2001, and before the City Council March 8, 2001. City Manager Malone reported that regarding the salary survey that city staff was in the process of working on the survey with The Waters Consulting Group out of Dallas and hoped to have it finished by mid February. Mayor Pfiester reminded the public about the public hearing scheduled regarding Lake Crook on February 13, 2001, at 6:00 P. M. at the Love Civic Center. 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: MATTIE CUNNINGHAM City Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL JAN UARY 8, 2001 The City Council of the City of Paris, Paris, Texas, met in regular session, Monday, January 8, 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 Bell, Richard Manning, Joe E. McCarthy, John A. Carter, Jr., Kevin Gray, and Benny Plata. Also present were City Manager Michael E. Malone, City Attorney Larry Schenk, and City Clerk Mattie Cunningham. Invocation was given by W. E. Anderson, Director of Finance for the City of Paris. Mayor Pfiester announced that the City Council had been furnished copies of minutes from previous meetings and asked if there were any corrections or additions; there being none, the minutes were approved as presented. City Manager Malone advised the City Council that they had been furnished with minutes from the Paris Public Library Advisory Board and the Paris Economic Development Corporation with no action being required. Mr. Gary Vest, Director of the Paris Economic Development Corporation and Chamber of Commerce CEO was present and gave the annual report for the Paris Economic Development Corporation. Mr. Vest gave the City Council a handout of their program of work that they are operating under for the PEDC and also a summary of activities for the year 2000. Mr. Vest reviewed the activities for the year 2000 and noted that there were 229 inquiries in response to advertising and four actual prospect visits by industries. Mr. Vest said in 1999 the advertising budget was cut significantly because of all of the activity that was going on and the incentive agreements that they were working on, and therefore PEDC's inquiry activity is up 124% over what it was in the year 1999. Mr. Vest said that they expect that to continue to a high level of activity due to the generation to of good active prospects by the advertising campaign. Mr. Vest advised that one of the major projects for the year 2000 was a 35,000 foot expansion at Earth Grains along with a tax abatement agreement with the City of Paris for them, and the PEDC did an incentive agreement for the job creation at Earth Grains. He also said they had the TCIM location for a 35,000 square foot plant with 330 computer stations and 440 employees and it officially opened on August 14, 2000. Lamar Power Partners became City Council Meeting January 8, 2001 Page 2 operational in June 2000. PEDC also began working on a female restitution facility with Lynn Home Management. Mr. Vest said there were four projects that they were working with, which are on going with industries, and they also had a lot of trade shows and conferences that they attended. He said they attended the National Plastic Association trade show in Chicago and the Texas Economic Development Council Annual Conference. Mr. Vest said they were still active in the Northeast Texas Economic Development Roundtable, the World Economic Development Alliance, Texas Economic Development Council, Texas Air Quality Coalition, Texas Economic Sales Tax Association, the Southern Economic Development Council, American Economic Development, Texas Gulf Highway Association, Texas Tax Payers Research Association, and the American Chamber of Commerce Research Association. Mr. Vest advised the City Council that another significant point of interest for the year 2000 would be the Skills Development Fund Grant for Paris Packaging, which was announced right before Christmas, in the amount of $279,680.00. This will be done through Paris Junior College to train employees at Paris Packaging. Mr. Vest pointed out that the Paris and Lamar County's unemployment rate is the lowest that it has been in over a decade, which is a good indicator of how strong our economy is and the availability of jobs. Mr. Vest said Lamar County was not included in the expansion of the DFW non-attainment area, which a very good thing. Mr. Vest pointed out that the report that he handed out to the City Council has a couple of attachments. One is clearing the air and it is written from the Houston perspective, having to do with the Texas Clean Air Strategy and how it affects Houston. The other two articles deal with the Dallas-Ft. Worth status non-attainment and how the Clean Air Strategy affects them. Mr. Vest said this is an issue that is going to come up year after year, and Lamar County was fortunate this time that we were able to not be included in the Dallas-Ft. Worth non-attainment area, but there were four counties thatwere added and we are nowthat much closerto being added. Mr. Vest advised that there might be more battles on that and that is one of the reason for including this information so that when it does comes up, the City Council will be aware of our situation. He said the PEDC will do everything they can to see that Lamar County remains outside the non-attainment area. City Council Meeting January 8, 2001 Page 3 Mr. Vest said also in the year 2000, Lamar County had a very high percentage of participation in the census 2000, which they feel will show some good statistical returns for the City. ORDINANCE NO. 2001-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SUBSECTIONS (1) AND (2) TO SECTION 17-22, ENTITLED "OVERGROWN VEGETATION RUBBISH AND STAGNANT WATER PROHIBITED," AND SECTION 17-24, ENTITLED "NUISANCE DECLARED," TO CHAPTER 17, ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT: PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING 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. Mayor Pfiester called for tabulations of bids for furnishing and delivery of one (1) new 2000/2001 Hydrostatic Self-Propelled Chip Spreaderfor use in the Street Division of the Public Works Department, and the following bids were presented: COMPANY Continental Equipment Co Hi-Way Equipment Co. BID TRADE-IN $100,000.00 $8,000.00 $104,069.00 $2,400.00 MODEL TYPE Rosco Rosco Etnyre Conley Lott Nichols Machinery $ 95,335.00 $7,000.00 A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to award the bid to Conley Lott Nichols Machinery for furnishing and delivery of one 2001 model, Hydrostatic Self Propelled Chip Spreader for use in the Street Division of the Public Works Department. The motion carried 7 ayes, 0 nays. City Council Meeting January 8, 2001 Page 4 Mayor Pfiester called for tabulations of bids for furnishing and delivery of Cover Stone (Type B, Grade 4, Uncoated) Material for use in the Street Division of the Public Works Department, and the following bids were presented: Meridian Aggregates $12.15 per ton Latimore Materials Company $20.75 per ton A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to award the bid to Meridian Aggregates for furnishing and delivery of Aggregate Cover Stone (Type B, Grade 4, Uncoated) Material in the amount of $12.15 per ton, for use in the Street Division of the Public Works Department. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for tabulations of bids for furnishing and delivery of CRS-2 Emulsion Asphalt for use in the Street Division of the Public Works Department, and the following bids were presented: Ergon Asphalt & Emulsion $.7287 per gallon Koch Materials $.81 per gallon A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to award the bid to Ergon Asphalt & Emulsion for furnishing and delivery of CRS-2 Emulsion Asphalt, in the amount of $.7287 per gallons for use in the Street Division of the Public Works Department. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for tabulations of bids for furnishing and delivery of SS-1 Emulsion Asphalt (Tack Oil) for use in the Street Division of the Public Works Department, and the following bids were presented: Ergon Asphalt & Emulsion $.7287 per gallon Koch Materials Company $.7726 per gallon A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to award the bid to Ergon Asphalt & Emulsion for furnishing and delivery of SS-1 Emulsion Asphalt (Tack Oil), in the amount of $.7287 per gallons for use in the Street Division of the Public Works Department. The motion carried 7 ayes, 0 nays. City Council Meeting January 8, 2001 Page 5 Mayor Pfiester called for tabulations of bids for furnishing and delivery of Flexible Base Material (Red Rock) for use in the Street Division of the Public Works Department, and the following bid was presented: Meridian Aggregates $7.92 per ton A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to award the bid to Meridian Aggregate for furnishing and delivery of Flexible Base Material (Red Rock), in the amount of $7.92 per ton for use in the Street Division of the Public Works Department. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for tabulations of bids for furnishing and delivery of Hot Mix Cold Laid Asphalt, Type "B" (Fine Base) Material for use in the Street Division of the Public Works Department, and the following bid was presented: Buster Paving Company $37.00 per ton A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to award the bid to Buster Paving for furnishing and delivery of Hot Mix Cold Laid Asphalt, Type "B" (Fine Base) material, in the amount of $37.00 per ton for use in the Street Division of the Public Works Department. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for tabulations of bids for furnishing and delivery of Hot Mix Cold Laid Asphalt, Type "A" (Course Base) Material for use in the Street Division of the Public Works Department, and the following bid was presented: Buster Paving Company $37.00 per ton A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to award the bid to Buster Paving for furnishing and delivery of Hot Mix Cold Laid Asphalt, Type "A" (Course Base) material, in the amount of $37.00 per ton for use in the Street Division of the Public Works Department. The motion carried 7 ayes, 0 nays. City Council Meeting January 8, 2001 Page 6 Mayor Pfiester called for tabulations of bids for furnishing and delivery of Hot Mix Cold Laid Asphalt Type "F" (Fine Mixture) Material for use in the Street Division of the Public Works Department, and the following bid was presented: Bister Paving Company $37.00 per ton A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to award the bid to Buster Paving for furnishing and delivery of Hot Mix Cold Laid Asphalt, Type "F" (Fine Base) material, in the amount of $37.00 per ton for use in the Street Division of the Public Works Department. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for tabulations of bids for furnishing and delivery of Portland Cement Concrete for use in the various division of the Public Works Department, and the following bids were presented: Coston & Son Class "A" (Five Sack) $64.00 cu. yd. Class "C" (Six Sacks) $67.50 cu. yd. Buster Paving Class "A" (Five Sack) $65.00 cu. yd. Class "C" (Six Sacks) $69.50 cu. yd. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to award the bid to Coston & Son for furnishing and delivery of Portland Cement Concrete (Class A), in the amount of $64.00 per cubic yard and for Portland Cement Concrete (Class C), in the amount of $67.50 per cubic yard for use in the various divisions of the Public Works Department. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for tabulations of bids for furnishing and delivery of Flexible Base Material (White Rock) for use in the Street Division of the Public Works Department, and the following bid was presented: Meridian Aggregates $8.00 per ton A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to award the bid to Meridian Aggregates for furnishing and City Council Meeting January 8, 2001 Page 7 delivery of Flexible Base Material (White Rock), in the amount of $8.00 per ton for use in the Street Divisions of the Public Works Department. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for tabulations of bids for furnishing and delivery of One (1) 2001 Current Model 4-Wheel Drive Tractorfor use in the Parks and Rights-of-Way Division of the Public Works Department, and the following bids were presented: AG-Power Inc. $28,865.00 John Deere Paris Farm & Ranch Center $30,372.82 Case Cunningham Equipment Co. Inc. $31,840.00 Massey-Ferguson LaRue New Holland $32,000.00 New Holland A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to award the bid to AG-Power for furnishing and delivery of one 2001 Current Model 4-Wheel Drive Tractor, in the amount of $28,865.00 for use in the Parks and Rights-of-Way Divisions of the Public Works Department. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for tabulations of bids for furnishing and delivery of (5) new 2001 model 4-Door Police Vehicles, with four (4) to be used by the Police Department and (1) one to be used by the Fire Department, and the following bids were presented: Paris Ford - Lincoln-Mercury, Inc. $102,795.00 Price Ford - Lincoln-Mercury-Mazda $105,797.00 Houston - Galveston COG Price $102,795.00 A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to award the bid to Paris Ford - Lincoln -Mercury for furnishing and delivery of (5)five new 2001 Model 4-DoorVehicles, with (4) being used by the Police Department and one (1) Vehicle being used by the Fire Department, in the amount of $102,795.00. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for tabulations of bids for furnishing and delivery of One (1) new 2001 One-Half Ton Pickup for use by the Police Department, and the following bids were presented: City Council Meeting January 8, 2001 Page 8 Northside Ford Price Ford-Lincoln-Mercury Paris Ford Lincoln- Mercury Jackson Autoplex $15,074.98 $15,519.50 $15,693.00 $16,115.90 A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to award the bid to Northside Ford in the amount of $15,074.98 for furnishing and delivery of (1) new 2001 One-Half Ton Pickup for use by the Paris Police Department. The motion carried 7 ayes, 0 nays. Resolution No. 2001-001, resolving that a state of disaster is hereby in all things confirmed, ratified, and declared for the City of Paris, Texas, in accordance with prior proclamations of the Mayor of the City of Paris, and pursuant to action taken by the City Council this date, said state of disasterto be declared beginning December25, 2000, and continuing until such time as the disaster is abated, and that the City's Emergency Management Plan, including the activation of the recovery and rehabilitation aspects of all applicable local or inter-jurisdictions emergency management plans, and authorization for the furnishing of aid and assistance, is hereby in all things implemented and activated, was presented. City Manager Malone advised the City Council that the Lamar County has made an application for emergency funds from the Federal Emergency Management Agency and the city has participated in that as well, and it is the responsibility of the chief elected official, the Lamar County Judge, to turn that in, which was done last Friday. City Manager Malone said the city's part of that application falls under public assistance - debris removal for which the city has given an preliminary estimate of $1,184,122.00, noting the estimated expense of $768,00.00 in emergency calls for Fire and EMS, estimated $105,000.00 damage to the streets of the city, estimated losses of $47,497.00 for the public utility system, and $48,646.00 for other losses with a total of $1 ,391 ,945.00. City Manager Malone said the city did not include in the application any of the loses by Paris Junior College or any of the school districts in the city. The County Judge included that in his application. He said that he visited with officials from FEMA today and they are doing their preliminary damage assessment. City Manager Malone further advised the City Council that all of the City's departments that were City Council Meeting January 8, 2001 Page 9 involved in losses have given their calculations on overtime, loss of facilities, and cost of debris removal. The City Manager said these estimates have been forwarded on to the state, and it may be possible to hear something by the end of the week or next week. After further discussion, 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. 2001-002, accepting the bid of the Liberty National Bank in Paris to act as City Depository for the period beginning March 1, 2001, and ending February 28, 2003, and authorizing and directing the Mayor, Michael J. Pfiester, to execute on behalf of the City of Paris the contract with Liberty National Bank in Paris to act as depository for the City of Paris upon the terms and conditions set out in that institution's bid, 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. Resolution No. 2001-003, authorizing and approving a letter of agreement dated September 21, 2000, over the signature of Mr. James G. Freeman, District Engineer, regarding the installation of emergency vehicle preemption equipment at the intersection of U. S. Highway 82 and Pine Mill Road in the City of Paris, Texas, and the City Manager, Michael E. Malone, is hereby authorized to execute said agreement on behalf of the City of Paris, 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.2001-004, approvingAddendum Number One to the existing Professional Services Contract between the City of Paris and C. T. Brannon Corporation for the performance of a Master Plan Study for the use of Lake Crook, was presented. A motion was made by Councilman Carter, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-005, resolving that the Texas Narcotics Control Program Grant entitled "Regional Controlled Substance Apprehension Program" Grant, No. DB-00-A10-13854-02, for the period beginning June City Council Meeting January 8, 2001 Page 10 1, 2000, and ending May 31, 2001, in the total amount of $449,100.00, requiring a matching contribution of $149,700.00 in the form of cash, be and the same is hereby revised to reflect a waiver of cash match on behalf of Red River County and the City of Clarksville on the basis of the aforementioned entities' classification and economically disadvantaged, said waiver of cash match to be assumed by the Texas Narcotics Control Program in the total amount for the two entities of $49,900.00, 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. 2001-006, accepting the donation of Haskell Bratcher and Elaine Bratcher of Lot 7, City Block 90-A located at 603 3rd Street N. W., was presented. A motion was made by Councilman Plata, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for consideration of and action on receipt of a status report regarding the impact of winter ice storms on City services. City Manager Malone reported that everyone is aware that citizens in the City of Paris were hit hard by the winter ice storm on December 25, 2000. City Manager Malone said the city had made preparations in advance for the crews of the Street and Traffic Divisions to be mobilized in response to icing conditions, although we did not expect the type of icing conditions that we received. He said shortly after 4:00 P. M. city crews were responding under the direction of John Brunson, Sanitation Supervisor. City Manager Malone said they worked in shifts throughout the night sanding streets, clearing street right-of-ways, and attending to the traffic signals. The City Manager said the power also went off throughout the city and to the raw water pumps at Pat Mayse Reservoir at 4:36 P. M. and the power at the lake was not restored until 1:40 P. M. on December 27t". City Manager Malone said due to the icing, power went off in many areas of the city including most of the city buildings. The Police Department and radio communication center for the Police, Fire and EMS was powered by the Department's emergency diesel generator, which had enough fuel on hand for 72 hours of continuous operation. He said the radio tower is provided by AirWaves Communications, which is powered by an on site generator that was utilized, and the fuel supply for that generator contains over 300 City Council Meeting January 8, 2001 Page 11 hundred gallons and it had just undergone maintenance. Public Works personnel were utilized to shuttle additional diesel fuel to the communication tower site as well as to fire trucks and to other facilities requiring diesel generators. City Manager Malone told the City Council that Lt. Hundley, the Emergency Management Coordinator, had planned to open the Emergency Management Operations Center, but after learning the damage to the power grid, he made the determination that there were more resources available at the Police Communication Center including the ARES Radio connection that was already on site, which is the Amateur Radio Operators. Lt Hundley made the determination that the EOC should remain at the Police Communications Center. City Manager Malone said this curtailed the city's abilityto communicatewith the citizens through the local electronic media as radio stations were off the air, as was the Cox Cable System. He said that normally the emergency plan would call for these outlets to be utilized to give information to the citizens. He said the most troubling event of the ice storm was the loss of the central office of Southwestern Bell. By losing the telephone circuits, the Emergency Operation Center's link to KTSU Radio Station at Paris Junior College was lost, and the loss of telephone com communications needed to maintain communication with key personnel was hindered along with receiving and reporting calls for service from the citizens. Also during this period, there was a total failure of the 911 system. City Manager Malone said a part of this deficiency was addressed by the use of the Lamar County Amateur Radio Emergency Service . City Manager Malone said with a member located in the Police Communication Room, communication to people who had phone service allowed the EOC to reestablish contact with outside utilities. He said this radio group includes radio operators at both hospitals, the Red Cross Shelter and others. City Manager Malone said these volunteers passed along over 100 messages. Lt. Hundley utilized officers on patrol to make contact with Lamar County American Red Cross Officials to come to the police station and plan the setting up a shelters. Officers drove to the residences or businesses of key officials to make contact, and to make contact with additional personnel from all the emergency services. City Manager Malone advised that any information that was useful to the general public was transmitted over the Fire, Police, and EMS radio channels for the benefit of anyone that was listening with battery operated scanners. Officers on patrol notified the EOC of locations where power was still available at schools, churches and buildings large enough forshelters. He said representatives of the LamarAvenue Church City Council Meeting January 8, 2001 Page 12 of Christ arrived at the Police Station to offer the use of their church as their power was still on. A briefing and planning session was held at the Police Department among the Red Cross Officials and a shelter was opened atthe LamarAvenue Church of Christ. Therewere additional plans to open other shelters if needed. City Manager Malone reported thatthe Police Departmentworked 57 hours of overtime, EMS worked 232 hours of overtime, and the Fire Department worked 246 hours of overtime. There were no reports of damage to any city buildings that were occupied by these services or any Fire or EMS equipment. He said we did suffer $1,500.00 in damage from a fallen tree limb to a patrol car, and one CID car was also damaged. City Manager Malone reported that the EMS responded to 265 ambulance requests from December 25t" through January 3rd. Average calls per day increased by 50% during this time from 19.8 calls per day to 26.5 calls per day. He said the city did place the new ambulance and crew in service on the 23rd of December, so during most of this time the city had four ambulances and many times there were five ambulances responding to calls. The City Manager pointed out that the response time was impacted due to the ice and downed tree limbs. They worked 2,008 man hours during this time frame. City Manager Malone said the Fire Department during the time period of December 25t" through December 31St° responded to 142 calls. There were nine structure fires, three vehicle fires, three major accidents, three medical assists, 20 miscellaneous calls, and 104 calls that were due to downed power lines and tree limbs. The total overtime for the Fire Department was 246 hours. City Manager Malone said he was present on the evening of December 26t" when a fire call came in about 10:10 P. M., a structure fire at 120 South Main Street. He pointed out photographs that are available on the board for the City Council to take a look at. The fire units arrived approximately four minutes after the call came in and found heavy smoke and flames coming from the front and rear of the second floor of the Paris Investment Company. He said this fire was brought under control approximately five hours later. There was a total of thirty firefighters and seven pieces of fire equipment involved. Some fire units remained on the scene until 6:00 P. M. on December 27t". The building was a total loss, but the firefighters were able to recover file storage cabinets City Council Meeting January 8, 2001 Page 13 containing business records. The adjoining buildings received smoke and water damage, but no fire damage. City Manager Malone advised the estimated cost of the fire is over $100,000.00, and wanted to let the City Council know, from his personal observation, itwas a tremendous fire and the Fire Department and all the men in the Fire Department did a tremendous job of bringing that fire under control. City Manager Malone said he felt this was due to the fact that the Fire Department is better trained and with up to date equipment, they are able handle this type fire. City Manager Malone advised the Council of the seriousness of the loss of power at Pat Mayse raw water pumping station on December 25t" which occurred about 4:30 P. M. and remained off until December 27t". He described as more serious the situation of power to the Water Treatment Plant going off about 3:21 P.M. on December 26t" and that we were unable to have power restored for 9 hours and 44 minutes. He praised the personnel of the Utilities Department, who, under the direction of Herb Campbell did a tremendous job in maintaining pressure in the system. They had made sure their tanks remained at appropriate levels and they had plenty of backup facilities in effect and with good power planning, they were able to keep the system from depressurizing long enough for the power to be restored. City Manager Malone advised that there was about 12 million gallons of water production lost, which would equate to approximately $22,000.00. He said the Water Treatment Plant experienced about 98 hours of overtime. The industries were asked to shut down by 12:00 noon on December 26t" or not to start up and most of the industries delayed their start up until December 27t". City Manager told the City Council that near normal operations were resumed by 12:00 noon on December 27t" by using Lake Crook water. City Manager Malone said the Wastewater Treatment Plant was also down. The powerwent off on December 25t" late in the evening and came back on 47 hours later on December 27t". Power was also lost to the master lift station, which is the station that pumps all the wastewater from Paris up to the Wastewater Treatment Plant. The lines were down and the 300 horsepower motors were submerged in wastewater, and the employees did a great job in getting those motors out and taking them to Mt. Pleasant to be dried out. The City Manager said there were ten lift stations and a pumping station at the Flow Equalization Basin that lost power; however, the Flow Equalization Basin had a large generator that powered that City Council Meeting January 8, 2001 Page 14 station, which enabled them to pump the wastewater into the Flow Equalization Basin in orderto maintain the wastewater system. Therewas 144 hours worked by personnel of the Wastewater and Lift Station Divisions. The City Manager advised that the city did have to employ outside Sanitation Companies to come and pump some of the lift stations at a cost of approximately $8,600.00. Total cost in wages and materials was $24,497.00 and the value of the lost water production brought the total estimated lost of $46,497.00, and he felt that Mr. Campbell and his employees did an outstanding job in keeping this situation from being worse than it was. City Manager Malone also complemented Rick Hundley, the Electrical Inspector, for the City of Paris, as many of the electrical services were pulled away from homes and had to be restored, and in most cases, inspected before the power could be reconnected to citizen's homes. Mr. Hundley did a total of 244 electrical inspections totaling 71 man hours from December 26t" through December 31St City Manager Malone said the Street, Traffic, Parks & R.O.W., Water and Sewer, and Engineering Divisions worked 959 total overtime hours for this payroll, and on the evening that the ice storm occurred the crews came in and were ready for the storm by sanding the streets. They also assisted with brush pick up, with the exception of the Water and Sewer Division, because they were working on their problems. City Manager Malone had an estimate of about 100,000 cubic yards of brush on the ground and that would be five times the annual amount of brush that the city would pick up. He said the city began staging the brush to be brought to the Public Works back lot and as it filled up, arrangements were made to utilize the city's property at the Lamar County Fairgrounds and asked the public to bring their limbs and brush to that location. Also a great deal of the brush that the city picked up was taken to the city's compost site. The City Manager said they were still encouraging citizens to take their brush to the fairgrounds site. City Manager Malone advised that the trash pick up was postponed on Tuesday, December 26t", but it did resume on December 27t" with the crews working through Saturday. City Council Meeting January 8, 2001 Page 15 City Manager Malone said on January 5t", the water and sewer crews attacked a 24 inch water line break on Clement Road and put in 26 hours on this break. Also on January 7t" there was a 16 inch water line break on Clarksville and Collegiate Street. James Blanton, Manager of TXU Paris District, came forward stating that they served the City of Paris, Clarksville, Commerce, and Sulphur Springs with service to approximately 20 to 25 thousand customers between Paris and Clarksville. Of those 25 thousand customers, at one point in time, they had 20 thousand out of service due to the ice storm. Mr. Blanton said they lost all of the substations in the City of Clarksville and they also lost three substations serving the City of Paris and 85 to 90 percent of breakers were lost. He said they were struggling to keep the power on that serves the water supply to Paris. Mr. Blanton said part of the reason it is so hard and that it takes so long in an ice storm to restore power is that our crews are out there and they go through the line and find a wire down and they get the wire back up and will get the breaker back on at the substation. While they are picking up more wire somewhere else and a tree falls back behind them and knocks the circuit back out again. Mr. Blanton said for the first 48 hours they were spinning their wheels. One problem was the complication of the continued freezing rain. Mr. Blanton advised the City Council that he is putting together a presentation that he can give to some of the organizations in the cities to show the citizens how the City of Paris is actually served and how the grid is setup to serve the city. He also said his presentation would show the process they went though to restore power and why it took them so long to restore power in some situations. Mr. Blanton said they also lost all forms of communication other than their radios. Mr. Blanton said TXU maintains a priority listfor power restoration which identifies communications, public watersupply, and hospitals along with customers identified as having breathing machines as being the top priority for repair. He also said that he and the city staff would be meeting to review any priorities that the city might have to ensure that city needs were met as soon as possible. Mr. Blanton explained their plan for trimming trees, which is trimming them for a five year growth, trying to get all the trees out that they can. In response to a question asked by Councilman McCarthy, Mr. Blanton explained that once a storm costs the company over one-half million dollars in expenses there is insurance that will cover the cost from the storm, so the customers will not be affected. Mr. Blanton said he can not say enough about the Police Department and City Council Meeting January 8, 2001 Page 16 Fire Department for what they did in helping locate lines and downed tree limbs and reporting those to the TXU crews, and they should be highly commended. Tim Masters, General Manager of Cox Communications, came forward telling the City Council thatthey basically experienced the same difficulties that everyone in the room did from the ice storm. He said at one point, they were totally down in their cable system because they lost power at their main office and their backup generator failed. Mr. Masters said they were able to acquire another generator and get the system back up. Mr. Masters said to give a scope of what they were dealing with, they did not lose main line hard cable, which is the trunks and feeder lines in the system, but they were affected in two primary areas. They were affected with power as they have over 100 commercial power locations in their system in Paris and on top of that, they lost over 2,000 service drops from the poles to homes. He said it was a monumental task to coordinate where to place generators to try to get customers back on that once their power was back on, to get contractors and additional staff in, and to try to restore the service drops that were down. Mr. Masters said at this point in time, they have come a long way, but they are still receiving individual calls of service outage, but it has slowed down tremendously in the last few days. Mr. Masters advised the City Council that they also have insurance that will cover the cost of the damages to their system and the customers will not be affected. Mr. Skip Ogle with Southwestern Bell Telephone came forward telling the City Council that following an initial outage at 4:30 P. M. on December 25t" , Southwestern Bell experienced a loss of commercial power to their central office and an emergency generator powered the office for approximately 12 hours from about 4:00 P. M. that afternoon until about 4:00 A. M. the morning of the 26t", until theirgeneratorfailed. Mr. Ogle said they had battery backup to power their central office for about four hours until those batteries were depleted, so at 8:00 A. M. they lost their telephone service in Paris along with theircentral office just north of Paris. At approximately 5:00 P. M. that same day power was restored to the new backup generator and also the commercial power was restored to the central office. Mr. Ogle said upon restoration of the power, telephone service began to be restored and that had to be done in phases. Southwestern Bell service repairmen were dispatched in teams starting in City Council Meeting January 8, 2001 Page 17 the downtown area and working their way out. Hospitals, commercial centers, businesses, and hotels were priorities on their list to be first repaired. Mr. Ogle advised the City Council that in the first days of their repairs, a majority of their requests came from citizens stopping their trucks out on the streets and repairs were made as they pointed them out to the crews. Mr. Ogle stressed to anyone that is without service to this day, there is a residential repair line at 1- 800-585-7928 and for businesses 1- 800- 559-7928, but at this time they believe they have nearly completed the restoration of telephone service to the City of Paris. Mr. Ogle also assured the City Council that Southwestern Bell had insurance that will cover the cost from the ice storm. City Attorney Schenk presented the following petitions for rezoning: J. R. Lane, Lot 2, City Block 308, from Agricultural District to Multiple Family Dwelling District No. 1; Tammie Green, Lot 34, City Block 160, from a Two Family Dwelling District to a One Family Dwelling District No. 3 with Specific Use Permit (39) Mobile Homes. Mayor Pfiester referred the petitions to the Planning and Zoning Commission fortheirstudy and recommendation attheirmeeting February 5, 2001, and before the City Council February 8, 2001. There being no further business, the meeting was adjourned. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL DECEMBER 11, 2000 The City Council of the City of Paris, Paris, Texas, met in regular session Monday, December 11, 2000, at 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, Richard Manning, Joe E. McCarthy, 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 to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone advised the City Council that they had been furnished copies of the minutes of the Paris Economic Development Corporation and the City Council Drainage Study Committee with no action being required. ORDINANCE NO. 2000-065 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION 1-6 OF THE CODE OF ORDINANCES OF THE CITYOF PARIS, ENTITLED "GENERAL PENALTY; CONTINUING VIOLATIONS," TO INCLUDE FINES FOR CASES ARISING UNDER ORDINANCES GOVERNING FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, IN ACCORDANCE WITH STATE LAW; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING 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 6 ayes, 0 nays. ORDINANCE NO. 2000-066 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ESTABLISHING A MORATORIUM ON THE SITING OR PERMITTING OF WIRELESS TELECOMMUNICATIONS, TELEVISION, RADIO, AND OTHER SIMILAR FACILITIES; PROVIDING FOR A SPECIFIED TERMINATION DATE; City Council Meeting December 11, 2000 Page 2 PROVIDING FOR ISSUES TO BE ADDRESSED DURING THE MORATORIUM; PROVIDING FOR CONTINUING ACTIVITIES DURING THE MORATORIUM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; 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 6 ayes, 0 nays. ORDINANCE NO. 2000-067 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS BY REPEALING SECTIONS 16-21 THROUGH 16-34ANDADOPTING NEWSECTION 16-21 THROUGH 16-40 ESTABLISHING REGULATIONS AND FEES FOR RESIDENTIAL WASTE COLLECTION; REGULATING WASTE CONTAINERS; AUTHORIZING OTHER RULES AND REGULATIONS; REQUIRING PERMITS FOR COLLECTION AND TRANSPORTATION OF COMMERCIAL AND INDUSTRIAL SOLID WASTE; PROVIDING FOR A STREET USE FEE; REQUIRING THE MARKING OF VEHICLES; REQUIRING PERMITTEE TO SUBMIT TO CITY INSPECTION OF NECESSARY BOOKS AND RECORDS; ESTABLISHING A PENALTY FOR VIOLATION HEREOF; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS HEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. After discussion, a motion was made by Mayor Pro Tem Manning, seconded by Councilman Bell, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Resolution No. 2000-163, authorizing and directing the City Manager to execute on behalf of the City of Paris all plans presented by the Texas Department of Transportation as the same relates to safety lighting, was presented. A motion was made by Councilman Plata, seconded by Councilman Carter, for approval of the resolution. The motion carried 6 ayes, 0 nays. City Council Meeting December 11, 2000 Page 3 Resolution No. 2000-164, reaffirming the strong support of the City of Paris' continued efforts of the Regional Controlled Substance Apprehensive Program and the continuing efforts of the Tri-County Drug Task Force to target illicit controlled substance and organized criminal activity, was presented. A motion was made by Councilman Carter, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-165, approving and authorizing a grant application to the office of the Governor, Criminal Justice Division, Texas Narcotic Control Program, for a Regional Controlled Substance Apprehension Program Grant in the amount of $485,100.00, with the City of Paris providing $26,950.00 in matching funds, and authorizing the execution of an interagency agreement, was presented. A motion was made by Councilman Plata, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-166, authorizing on behalf of the City of Paris a waiver of eligibility to apply for a grant from the Juvenile Accountability Incentive Block Grant Program; designating Lamar County as the recipient of the City's share of said grant, with the City of Paris participating in the Juvenile Crime Enforcement Coalition created by Lamar County, and the Chief of the Paris Police Department be, and he is hereby appointed to serve as the representative of the City of Paris on the Lamar County Juvenile Crime Enforcement Coalition, was presented. A motion was made by Councilman Plata, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-167, approving and authorizing a grant application to the Office of the Governor, Criminal Justice Division, through the Ark-Tex Council of Governments, for a Violence Against Women Act Grant in the approximate amount of $79,000.00, with the City of Paris providing approximately $27,000.00 in the form of in-kind services, and appointing the City Manager as the Authorized Official of said project and is hereby authorized and directed to execute the application, was presented. A motion was made by Councilman Carter, seconded by Councilman Bell, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-168, authorizing the City Managerto execute, and the City City Council Meeting December 11, 2000 Page 4 Clerk to attest to a contract between the City of Paris and Family Haven Crisis and Resource Center, Inc., to retain Family Haven Crisis and Resource Center, Inc. as a service provider in aid of Criminal Justice Division Grant No. WF-99- V30-13420-02 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 Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-169, approving the acquisition of existing water lines and other associated facilities and infrastructure in and along a portion of F. M. 195, the Wildwood Estates, and Smallwood Road from Lamar County Water Supply District, and hereby authorize the City Manager, City Attorney, Finance Director and other appropriate City officials to undertake any and all action necessary to acquire the aforesaid lines in return for appropriate compensation, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Carter, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-170, authorizing and directing the City Manager to execute on behalf of the City of Paris a purchase order with the Houston- Galveston Area Council of Governments for six 2001 H. D. 3/4 Ton Reg. Cab L.WB-87600#GVS pickup trucks from Triangle Chevrolet, Inc., for various divisions of the Public Works Department for a total purchase price of $122,107.42, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, forapproval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-171, authorizing and directing the City Manager to execute on behalf of the City of Paris a Lease Purchase Agreement with TYMCO, upon such terms and conditions as contained therein, at the price of $112,382.50, plus interest at the rate of 6.15% and costs, financing the purchase of one new TYMCO Model 600 Regenerative Air Sweeper (truck mounted) from TYMCO for the Sanitation Division of the Public Works Department through the Houston-Galveston Area Council of Governments, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 City Council Meeting December 11, 2000 Page 5 ayes, 0 nays. Resolution No. 2000-172, authorizing and directing the City Manager to execute on behalf of the City of Paris, a Lease Purchase Agreement with John Deere Finance, upon such terms and conditions as contained therein, at the price of $75,426.33, plus interest at the rate of 7.8% and costs, financing the purchase of a John Deere 410E Backhoe Loader (upgraded to 410G) from RUSH Equipment Company, for the Parks and Recreation Division of the Public Works Department, through the Houston-Galveston Area Council of Governments, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-173, authorizing and directing the City Manager to execute on behalf of the City of Paris a purchase order for the LaserFiche imaging system, which includes the LaserFiche software package, the LaserFiche Weblink software, scanning software, e-mail package, a Ricoh IS450DE scanner, an Avision AC100C scanner, and installation and training for a total purchase price of $44,920.00, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Plata, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-174, authorizing and directing the City Manager to execute on behalf of the City of Paris a purchase order for the AFIX Tracker System, which includes the software, equipment, support, database, and installation and training , for a total purchase of $24,125.00, was presented. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-175, authorizing the City Manager, in conjunction with the City Attorney and the City's consulting architect, to undertake a search for appropriate sites for the new animal shelter, considering site limitations, access fortraffic, neighborhood compatibility and engineering requirements; and upon locating said site, to undertake any and all necessary negotiations and preliminary offers to acquire and appropriate property for siting the new animal shelter, subject to appropriate budgetary limitations and City Council approval, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 6 City Council Meeting December 11, 2000 Page 6 ayes, 0 nays. Resolution No. 2000-176, authorizing the City Clerk, Mattie Cunningham to advertise for bids for a lease on property located on part of Lots 6 and 7, City Block 251A, being number 1231 N. Main Street, Paris, Texas, said bids to be received by 3:00 p.m. on a date certain as determined by the City Clerk, and presented to the City Council at its next regular or special meeting for the purpose of letting the same, was presented. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-177, 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 Lot 6-B, Block 101, being 4.00 acres in the City of Paris on the tax rolls and records of the Lamar County Appraisal District, was presented. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-178, authorizing and directing the Mayor to execute on behalf of the City of Paris the tax resale deed for Lot 4, Block 2, W. F. Campbell Addition and any and all documents necessary to convey the property to Lyle N. & Dianna Edwards in consideration of $525.00, was presented. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-179, authorizing the City Manager to forward said list of priority projects to the Texas Department of Transportation and to undertake any further actions and discussions with said Department related to the priority projects, was presented. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-180, authorizing the City Manager, in conjunction with the City Attorney, to negotiate and execute an engineering services contract with Hayter Engineering for preliminary design services, cost estimate services, survey, engineering studies, soil testing services, and other similar services as shall be necessary incident to identifying the various optional approaches to drainage control for those drainage problems identified on property City Council Meeting December 11, 2000 Page 7 ad jacent to Wade Park., was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Plata, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-181, resolving that the bid of Stephens & Sons Concrete for the Martin Luther King, Jr. Drive Extension from 6t" Street N.E. west to N. Main Street Project, in the amount of $427,775.00, be accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents, and authorizing and directing the Mayor to execute said contract with Stephens & Sons Concrete, was presented. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-182, resolving that the bid of Stephens & Sons Concrete for the Long Avenue Water, Sewer, and Street Improvement Project, in the amount of $55,394.00, be accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents, and authorizing and directing the Mayor to execute said contract with Stephens & Sons Concrete, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-183, reappointing Sims Norment as a member of the Fire Fighters' and Police Officers' Civil Service Commission of the City of Paris for a term of three years, beginning January 1, 2001, and ending December 31, 2003, was presented. A motion was made by Councilman Carter, seconded by Councilman Plata, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-184, reappointing Richard Manning as a member of the Visitors and Convention Council Work Program and Budget Approval Committee of the City of Paris, for a term of two years beginning January 1, 2001, and ending December 31, 2002, was presented. A motion was made by Councilman Plata, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-185, appointing James Proctor and Paul Golden to serve the unexpired terms of Pam Campbell and Anthony Daigle, which ends City Council Meeting December 11, 2000 Page 8 December 31, 2002, as members of the Airport Advisory Board of the City of Paris, was presented. A motion was made by Councilman Plata, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-186, reappointing Edward D. Ellis to serve as a member of the Traffic Commission of the City of Paris for a term of three years, beginning January 1, 2001, and ending December 31, 2003, was presented. A motion was made by Councilman Plata, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-187, reappointing Dr. Gordon B. Strom, Jr., Dr. Caroline Wilson, Mrs. Robert Norment, Dr. Ed Clark, and appointing Byron Muse as members of the Paris-Lamar County Board of Health for terms of two years, was presented. A motion was made by Councilman Plata, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-188, reappointing Reeves Hayter, Curtis Fendley, Bill Coleman, and Bobby L. Myers to serve as members of the Planning and Zoning Commission of the City of Paris for terms of three years beginning January 1, 2001, and ending December31, 2003, was presented. A motion was made by Councilman Plata, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Mayor Pfiester called for consideration of and action on the Aviation Permit request for J-R Aviation for Sale of Aviation Petroleum Products, Pilot Training, Aircraft Rental, Maintenance Airframe, and Maintenance Power Plant. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for approval of the request for an Aviation Permit for J-R Aviation. The motion carried 6 ayes, 0 nays. Mayor Pfiester called for consideration of and action on the Aviation Permit request of Knox Flying Service for Agricultural Operations. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Bell for approval of the request for an Aviation Permit for Knox Flying Service. The City Council Meeting December 11, 2000 Page 9 motion carried 6 ayes, 0 nays. Mayor Pfiester called for consideration of and action on the use of paperless agendas for future Council meetings. City Manager Malone pointed out that a number of the City Council Members attended a Texas Municipal League meeting in Austin recently and there was a report made there about the use of paperless agendas by the city of DeSoto. There are other cities that utilize paperless agendas. City Manager Malone explained that paperless agenda means just what it says. He said the city will post a paper agenda on the official bulletin board for the city and will fax the media a copy of the agenda. He stated that there is a lot of explanatory material that is provided to the City Council in their agenda packet for their study before the City Council meeting. City Manager Malone said the agendas for the City Council meetings will be posted to the city's website. City Manager Malone advised that the LaserFiche equipment is the basic type of equipment that is needed to provide the paperless agendas to the City Council. He said this equipment actually scans documents that are created and takes a picture of them and then posts them to the website. The documents are created in WordPerfect and can be e-mailed to the City Council if they have an internet connection and a computer, but the only way to do this effectively and not cause city staff any undue amount of work is to utilize the LaserFiche imaging system. Lisa Wright, a member of the Technology Committee forthe City of Paris, came forward making a presentation of information collected after extensive research regarding the subject of paperless agendas and the use of LaserFiche imaging systems. Ms. Wright said that the Technology Committee reviewed the LaserFiche system a few months ago when the City Clerk presented it to them, and at that time, they made a recommendation to purchase the web-link software that comes with it. She said this is the software that will enable the city to convert document to a format that can be placed on the web site. The reason for the recommendation to go ahead and purchase it now is because if it is purchased later as a module it is more expensive than if it is purchased at this time; but the Committee did not anticipate going ahead and taking our internet site live. Ms. Wright said in orderto getthe paperless agenda in effect immediately, the City Council needs to authorize purchase of the module in the amount of $5,115.00 that will allow City Council Meeting December 11, 2000 Page 10 the burning of CD's so that when the council members attend council meetings with their laptops they will be able to put in the CD and go through the agenda packet. She explained that this is needed because at this time the city does not have internet capabilities or links at this location. Ms. Wright also explained that there will be a$1,510.00 annual cost for support. There will also be the cost for ten laptop computers with cable modem connections and net cards, so when the city has a council chambers where they will have access to a server or the internet, and that cost will be $2,586.00 a piece. Ms. Wright further explained that there are two methods of internet connections depending on whether you are in a location that Cox Internet serves. If you can get Cox Cable, you can get Cox Internet Express, which is a much faster plan and more expensive plan. You will get a free connection plus the first free month of service; however, they said to call back after the first month and switch down to the slower service and the cost will only be $24.95 a month, and that is what they recommended that the city do, if the city goes with Cox Internet Service. Ms. Wright said there is also the possibility of a telephone internet connection through StarNet, which the city uses, the cost for adding an additional phone would be $75.00 for installation and a monthly charge of $25.84. Ms. Wright explained that if the city does not have someone to host the website, if it is recommended that we host our own website, there will be a potential purchase of another server at an approximate cost of $10,890.00 and the fire wall to protect from unwanted visitors at a cost of approximately $2,000.00; however, StarNet has said that they will do whatever they could do to help the city out in this process and that the size would not be an issue for them regarding space on the server. Ms. Wright said it was recommended that the LaserFiche System be in place before the city does anything else because the other is so labor intensive. Ms. Wrightsaid the Committee recommends that DynaSource,who is the company that the City is purchasing the LaserFiche from, come down and meet with StarNet and review the city's current setup and make a recommendation as to what the city needs to do in regard to the web hosting. Ms. Wright explained that the city does not want to have a web server at the city because it could open the city up to potential problems, but with StarNet hosting the website, it will shield the city from anyone getting into our information and harming the city's data, and that is what the committee would like to see happen. Ms. Wright stated that what the committee is looking at regarding the time City Council Meeting December 11, 2000 Page 11 frame is a month from the time that the LaserFiche system is installed completely with all training provided. Ms. Wright advised the City Council that the agenda would be posted to the website so that anyone could see the same information thatthe City Council does, excluding any confidential information. Ms. Wright also discussed the cost of printers for the City Council Members, which would be approximately $150.00 each. Afterfurther discussion, a motion was made by Councilman Bell, seconded by Councilman Carter, to approve the use of paperless agendas forfuture Council meetings. The motion carried 6 ayes, 0 nays. City Manager Malone advised the City Council thatthe Waters Consulting Firm was engaged to perform a salary and wage study for the City of Paris. City Manager Malone said originally the city anticipated incorporating the signing of the study into a new pay plan to be implemented shortly after the beginning of the new fiscal year. Due to delays in being able to furnish and participate in the various parts of the study, and the decision that had been made to await the latest market data which was to become available in mid to late November, the Manager stated that the city would attempt to implement the new pay plan in January of 2001. City Manager Malone told the City Council that he is sending out the following memorandum with the pay check this coming Friday: "This past August all employees completed job evaluation questionnaires as the first step in revising the City's pay plan. Due to the complicated nature of this revision, the new pay plan could not be ready by the beginning of the City's current fiscal year, which is October 1, 2000. Normally, any cost of living adjustment included in the City budget is given at the start of the fiscal year. Due to the pay plan revision this was not done in October. In order to prevent City employees from being penalized because the new pay plan was not in effect in October 2000, the City will give to all employees a one-time payment to offset the loss of the normal cost of living adjustment. This adjustment will not affect any employee's base pay. It is our hope to implement the new pay plan in January 2000. Salaries City Council Meeting December 11, 2000 Page 12 at that time will be determined by the new pay plan. However, no employee will have their salary reduced by the new plan. This one-time cost of living adjustment will cover the period October 1, 2000 through December 31, 2000. It will be approximately 3% of the expected compensation for that three month period. Payment is expected to be made on December 21, 2000." The City Manager introduced Maria Pope of the Engineering Department to give a presentation of the City's website. He advised Council that the City launched the site a year ago and took it down about two weeks ago. Maria Pope has improved the original offering and has added a lot of content which will be improved over time. Ms. Pope came forward giving the City Council a handoutshowing screen type samples of what some of the departments will look like on the website. Ms. Pope gave the City Council a presentation of her goals, the progress made to date, and how she approached the creation of the website. Mayor Pfiester suggested placing a notice in the water bills notifying the public of the City's website. City Manager Malone reported that the city is reviewing the architect's recommendations for the changes to be made in order for the second bid to go out on the Santa Fe - Frisco Depot Project. He stated that it is hoped that we can advertise for bids in January. The Manager reported that Fire and EMS Station No. 2 on Pine Mill Road is 75% complete and it is hoped that it will be completed in late January. Mr. Malone reported that Fire station No. 4 on Jefferson Road at 24t" S.E. is 65% complete and should be completed by late February. With regard to the Eastgate Subdivision, the Manager reported that the streets are 95% complete, the water and sewer is 80% complete, and the lift station is on order and is due to be delivered in January. The Neatherly Street Drainage Project is 95% complete and the city is having to reduce the crown on the street with the job to be completed in one or two weeks. Mr. Malone also reported on one of the projects being accomplished as part of the SSES report by ADS Environmental Services, that being the construction of the new section of 36 inch outfall sewer line. Mr. Malone reported that the line is now 85% complete. He stated that project proposals have been received for the Main Street Downtown Streetscape Project and these proposals will be City Council Meeting December 11, 2000 Page 13 reviewed and brought to the City Council at a later date. The City Manager reported that the Sanitation Division processed 800 cubic yards of brush during the previous month. He also reported that the Heritage Park grant application has been submitted and the city will know the results of that application in January. Mr. Malone reported that there have been 146 manholes repaired with regard to the Sanitary Sewer Evaluation Survey report in the last two months and that there have been three new manholes constructed along with 175 line point repairs in the wastewater system. The Manager also reported that 117,000 linear feet of sewer mains have been cleaned in the past two months. City Manager Malone reminded the City Council that County Judge Cleatus Millsap of Hopkins County is hosting a transportation meeting at the Hopkins County Civic Centerto discuss the reorganization of the I-30 Coalition and the Master Highway Designation Coalition. Also, there will be a briefing regarding the TEX-21 Coalition. City Manager Malone advised that this meeting will be in Sulphur Springs at the Hopkins County Civic Center on December 12, 2000, at 2:30 P.M., and all of the City Council Members are invited to attend that meeting. There being no further business, the meeting as declared adjourned. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 2000 The City Council of the City of Paris, Paris, Texas, met in regular session, Thursday, December 7, 2000, 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 Bell, Richard Manning, Joe E. McCarthy, Kevin Gray, and Benny Plata. Also present were City Manager Michael E. Malone, City Attorney Larry Schenk, and City Clerk Mattie Cunningham. Mayor Pfiester announced that if there was anyone in the audience that had anything to bring before the City Council not listed on the agenda to please let it be known at this time so that the City Council could comply with the Texas Open Meetings Act. Jeff Starnes came forward stating that he would like to address the City Council at some point in time during the meeting about the report of the Planning and Zoning Commission held Tuesday regarding the property on the Northeast Loop. Mayor Pfiester advised Mr. Starnes that the property on the Northeast Loop is already on the agenda for consideration. City Manager Malone presented the minutes of the Planning and Zoning Commission meeting held on December 4, 2000, and attached hereto as Exhibit A to these minutes. Mayor Pfiesterdeclared the public hearing open to considerthe petition of Gene and Libby Hertzog for a change in zoning from an Agricultural District (A) to an Agricultural District (A) with Specific Use Permit-Day Care Center (25) on Lot 9, City Block 307-B, being located in the 400 Block of County Road 32900. Mayor Pfiester called for proponents to appear, and Elizabeth Hertzog, Route 11, Box 625, Paris, Texas, came forward advising that they plan to build a daycare facility for mentally challenged adults. Ms. Hertzog said there will be a 2400 square foot building and she will be licensed by the state. Mayor Pfiester called for opponents to appear, none appeared, and the City Council Meeting December 7, 2000 Page 2 public hearing was declared closed. Mayor Pfiester called for consideration of and action on an ordinance amending Zoning Ordinance No. 1710, changing the zoning from an Agricultural District (A) to an Agricultural District (A) With Specific Use Permit - Day Care Center (25) on Lot 9, City Block 307-B, being located in the 400 Block of County Road 32900. ORDINANCE NO. 2000-061 AN ORDINANCE 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 AN AGRICULTURAL DISTRICT (A) WITH SPECIFIC USE PERMIT - DAY CARE CENTER (25) ON LOT 9, CITY BLOCK 307-B, ON PROPERTY BELONGING TO GENE AND LIBBY HERTZOG, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE AGRICULTURAL DISTRICT (A) WITH SPECIFIC USE PERMIT - DAY CARE CENTER (25) 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 OF JANUARY 1, 2001, WAS PRESENTED. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Mayor Pfiester declared the public hearing open to considerthe petition of Don A. Ensey for a change in zoning from a One-Family Dwelling District No. 2(SF-2) to a Light Industrial District (LI) on Lot 1, City Block 276, being located in the 1100 Block of Clement Road. Mayor Pfiester called for proponents to appear, and Don Ensey, 1235 Mockingbird, appeared in behalf of his petition. Mr. Ensey said his plan is to clean the property up and develop it for commercial warehouses along Clement Road and possibly along Fitzhugh Avenue; but there is no agreement for any type of business at this time and he planned to retain the property. City Council Meeting December 7, 2000 Page 3 Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. Mayor Pfiester called for consideration of and action on an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a One- Family Dwelling District No. 2(SF-2) to a Light Industrial District (LI) on Lot 1, City Block 276, being located in the 1100 Block of Clement Road. ORDINANCE NO. 2000-0662 AN ORDINANCE 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 LIGHT INDUSTRIAL DISTRICT (LI) ON LOT 1, CITY BLOCK 276, ON PROPERTY BELONGING TO DON ENSEY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 2(SF-2); DESIGNATING THE BOUNDARIES OF THE LIGHT INDUSTRIAL DISTRICT (LI) 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 OF JANUARY 1, 2001, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilman Plata, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Mayor Pfiester declared the public hearing open on the petition of Ray Spencer for a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a General Retail District (GR) on Lot 12, City Block 222-B, located at 2636 E. Price Street. Mayor Pfiester called for proponents to appear. Ray Spencer, Highway 271 North, Paris, Texas, appeared before the City Council stating that the reason he wanted to rezone this property is because it will make all of his property the same zoning. Mr. Spencer said he has no specific use for this property at this time. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. City Council Meeting December 7, 2000 Page 4 Mayor Pfiester called for consideration of and action on an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a One- Family Dwelling District No. 2(SF-2) to a General Retail District (GR) on Lot 12, City Block 222-B, located at 2636 E. Price Street. ORDINANCE NO. 2000-063 AN ORDINANCE 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 GENERAL RETAIL DISTRICT (GR) ON LOT 12, CITY BLOCK 222-B, ON PROPERTY BELONGING TO RAY SPENCER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 2(SF-2); DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) 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 OF JANUARY 1, 2001, WAS PRESENTED. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Gray, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Mayor Pfiester called for consideration of and action on an ordinance approving the site plan on Lot 14, City Block 259, being located in the 2900 Block of Loop 286 N.E. Larry Cates,14200 Midway, Suite 122, Dallas, Texas, came forward stating that he was a Civil Engineer representing H&W Investment, Home Depot, and Webber Company and was speaking in favor of the site plan. Mr. Cates advised the City Council that what they were requesting is a site plan approval on an area that he pointed out from a drawing, so the City Council could get an overall view of the site. Mr. Cates said under Phase I of the project,they propose to construct Home Depot plus the parking lot and three out pads and pointed those out from the drawing. Phase II of the project is shown as a PD-a which allows hopefully for a grocery store and maybe a junior anchor in this location. Mr. Cates said the red on the drawing is what is called an access easement that provides cross access between the lots. Mr. Cates said they provide for a retention pond on the eastern parcel in order to take care of the drainage for this project, which City Council Meeting December 7, 2000 Page 5 will accommodate the run-off from the Home Depot parcel. Mr. Cates said all drainage will flow into ponds and no more water than present rate will flow off the property. Mr. Cates proposed a six foot fence along the back boundary. Mr. Cates said there is a creek that runs behind homes that backs up to Collegiate Drive, and as part of the design process, they are going to try to leave some of the trees and vegetation as a buffer between those homes. Mr. Cates said the tract of land in the rear of Phase II will be left as residential. Mr. Cates said under Phase I, they will not only have the screening wall or fence at the rear of the property, but there will be a retaining wall and it will range in height from seven feet down to zero feet at the far end of the property depending on the elevation. Ed Seidle, 1563 Pine Bluff Street, appeared before the City Council speaking in favor of the shopping center. Beverly Roberts, Route 1, Box 526C, also appeared before the City Council supporting the shopping center and stating it would be good for the community. Jeff Starnes, 3025 Briarwood, came forward stating that he and his neighbors were notagainstthis project, butthey have concerns regarding the shopping center. Mr. Starnes said they attended the Planning and Zoning Commission's meeting and they did voice their concerns and gave theirsuggestions, butthe Planning and Zoning Commission voted to only require low level directional lighting. Mr. Starnes said they have additional concerns that he would like to repeat tonight. One concern he and his neighbors had was that the developers were going to put a six foot wooden fence across the back of the south end of the property and he requested that it be at least a ten foot concrete or brick wall. Mr. Starnes said it would help block the unsightly appearance of the back of the property and it would help reduce the noise level, along with helping reduce the glare from the lighting. He stated that it would help reduce unwanted foot traffic. He pointed out that wooden fences do not last and gave Wal-Mart as an example. Mr. Starnes said that at the end, there was no promise of any type of retaining wall or otherwise across the back of the shopping center. Mr. Starnes stated that they did not want an entrance into the shopping centerfrom the south even though the developers do not propose an entrance from 31St N. E. at this time. He requested that the City Council vote stating that there will not be an entrance from the south. Some of the other things they asked for were restricting delivery times to City Council Meeting December 7, 2000 Page 6 daylight hours and requiring delivery areas to the buildings in the area zoned Planned Development to be to the sides rather than from the rear of the buildings. Mr. Starnes also told the City Council that there were concerns regarding the entry into the shopping center from Collegiate Drive. Mr. Starnes said the things that they were asking for were not unreasonable and were not going to keep the developer from building the shopping center. Councilman Carter entered the council chambers and assumed his seat at the council table at 6:30 P.M. ORDINANCE NO. 2000-064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NUMBER 2000-004, WHICH AMENDED ZONING ORDINANCE N0.1710 OF THE CITY OF PARIS, PARIS, TEXAS, BY REVISING SECTION 3 OF SAID ORDINANCE; PROVIDING FOR THE APPROVAL OF A SITE PLAN FOR LOT 14, CITY BLOCK 259; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF JANUARY 1, 2001, WAS PRESENTED. A motion was made by Mayor Pro Tem Manning for adoption of the ordinancewith the requirements thatthe drivewayfrom Collegiate Drive be one way in only, placing a traffic signal on the Loop with the approval of the state, and requiring a six foot brick or hadite brick fence around the property. The motion failed for lack of a second. After further discussion, a motion was made by Councilman Plata, seconded by Councilman Bell, for adoption of the ordinance as presented. The motion carried 6 ayes, 1 nay, Mayor Pro Tem Manning voting no. Mayor Pfiester called for consideration of and action on the Preliminary Plat of Lots 1-7, Block 1, Paris Towne Crossing Addition, being located in the 3000 Block of Loop 286 N.E. A motion was made by Councilman McCarthy, seconded by Councilman Plata, for approval of the Preliminary Plat of Lots 1-7, Block 1, Paris Towne Crossing Addition. The motion carried 6 ayes, 1 nay. City Council Meeting December 7, 2000 Page 7 There being no further business, the meeting was adjourned. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM City Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL November 13, 2000 The City Council of the City of Paris, Paris, Texas, met in regular session, Monday, November 13, 2000, 6:00 P. M., Paris Junior College, Applied Technology Building, Room 1016, 2400 Clarksville Street, Paris, Texas. Mayor Michael Pfiester called the meeting to order with the following Council Members present: John F. Bell, Richard Manning, Joe E. McCarthy, John A. Carter, Jr., Kevin Gray and Benny Plata. Also present were City Manager Michael E. Malone, City Attorney Larry Schenk, and City Clerk Mattie Cunningham. Invocation was given by Gene Anderson, Director of Finance for the City of Paris. Mayor Pfiester asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone advised the City Council that they had been furnished a copy of the minutes of the City Council Drainage Study Committee with no action being required. Mayor Pfiester announced that the next item on the agenda was an ordinance amending section 7-19 of the Code of Ordinances of the City of Paris, revising the general construction permit fees. This item had been tabled at a previous meeting. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, to bring the above item from the table along with Agenda Item No. 4-C, an ordinance amending Section 11-12 of the Code of Ordinances of the City of Paris, revising the electrical permit fees, and Agenda Item No.4-D, an ordinance amending Section 25-17 of the Code of Ordinances of the City of Paris, revising the plumbing permit and inspection fees. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2000-051 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT SECTION 7-19 OF THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING THE GENERAL CONSTRUCTION PERMIT FEES; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; City Council Meeting November 13, 2000 Page 2 REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE WAS PRESENTED. A motion was made by Councilman Plata, seconded by Mayor Pro Tem Manning, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2000-052 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY ADDING A SECTION 7-103 TO SAID CODE ESTABLISHING MECHANICAL PERMIT FEES; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE WAS PRESENTED. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Bell, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2000-053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT SECTION 11-12 OF THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING THE ELECTRICAL PERMIT FEES FOR WHEN A BUILDING PERMIT IS NOT REQUIRED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilman Gray, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2000-054 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, City Council Meeting November 13, 2000 Page 3 TEXAS, PROVIDING THAT APPENDIX H OF SECTION 25-17 OF THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING THE PLUMBING PERMIT AND INSPECTION FEES FOR WHEN A BUILDING PERMIT IS NOT REQUIRED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Plata for adoption of the ordinance. The motion was seconded by Councilman Bell and carried 7 ayes, 0 nays. ORDINANCE NO. 2000-055 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT SECTION 28-40 OF THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING THE SIGN PERMIT FEES; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; 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 N0.2000-056 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT SECTION 34-4(a) OF THE CODE OF ORDINANCES, CITY OF PRIS, BE AMENDED BY REVISING THE WATER AND SEWER TAP FEES; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Bell for adoption of the ordinance. The motion was seconded by Mayor Pro Tem Manning and carried 7 ayes, 0 nays. ORDINANCE NO. 2000-057 City Council Meeting November 13, 2000 Page 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT ORDINANCE NO. 1710 OF THE CITY OF PARIS BE AMENDED BYADDING A SECTION 21-106 THERETO ESTABLISHING ZONING FEES; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman McCarthy, seconded by Councilman Plata, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2000-058 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS BY REPEALING THE CURRENT ARTICLE II OF CHAPTER 19, SECTION 19-16 THROUGH 19-22, ENTITLED"JUNKED VEHICLES"; ADOPTING THERETO A NEW ARTICLE II, SECTIONS 19-16 THROUGH 19-15, ENTITLED "JUNKED VEHICLES; VEHICLES; PUBLIC NUISANCE; ABATEMENT"; ESTABLISHING THE DEFINITION OF JUNKED VEHICLES AS A PUBLIC NUISANCE; PROVIDING FOR PROCEDURES TO ABATE JUNK VEHICLES AS A PUBLIC NUISANCE; PROVIDING FOR NOTICE; PROVIDING FORA HEARING; PROVIDING FOR DISPOSAL OF JUNKED VEHICLES; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; 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. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2000-059 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT ORDINANCE NO. 97-041 WHICH GRANTED A FRANCHISE FOR ELECTRIC SERVICES TO TEXAS UTILITIES ELECTRIC COMPANY BE EXTENDED FOR A PERIOD OF SIX (6) MONTHS; PROVIDING FOR CONTINUED COMPENSATION; City Council Meeting November 13, 2000 Page 5 PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS WITH OTHER ORDINANCES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman McCarthy, seconded by Councilman Plata, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2000-060 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PRIS, TEXAS, ESTABLISHING MAXIMUM, REASONABLE, AND PRUDENT RATES OF SPEED ON CERTAIN PORTIONS OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE CITY OF PARIS; PROVIDING FOR A FINE NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Resolution No. 2000-148, authorizing and directing the City Manager to execute on behalf of the City of Paris a Lease Purchase Agreement with The Associates, upon such terms and conditions as contained therein, atthe price of $158,507.95, plus interest at the rate of 6.98% and costs, financing the purchase of two (2) new 2001 F713042 GMC/Heil Sanitation Trucks from Lone Star Truck Center and Heil Equipment Company, for the Sanitation Division of the Public Works Department through the Houston-Galveston Area Council of Governments, 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. 2000-149, authorizing and directing the City Manager to execute on behalf of the City of Paris a purchase order for one (1) Hyundai HL740TM-3 Wheel Loader and accompanying Werk-Brau Model WL2GR102-H Grapple Rake for the Street Division of the Public Works Department, for a total purchase price of $88,292.17, which represents the cost of the wheel loader and grapple rake in the amount of $86,859.00, plus the cost of the City Council Meeting November 13, 2000 Page 6 Houston-Galveston Area Council of Governments fee, which is $1,433.17., 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. Mayor Pfiester announced that Agenda Item 5C, authorizing the execution of a Lease of the City of Paris's three-tenths (3/10) undivided interest in and to Lots 1, 2, and 2A, City Block 201-B to the Lamar County Chamber of Commerce, had been tabled, and a motion was needed to bring it from the table. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, to bring Agenda Item 5C from the table. The motion carried 7 ayes, 0 nays. Resolution No. 2000-150, approving the form of the lease with the Chamber of Commerce of Lamar County, Inc., for the City of Paris's undivided interest in and to Lots 1, 2, and 2A, City Block 201-B, and authorizing and directing the Mayor of the City of Paris to execute said lease agreement with the Chamber of Commerce of Lamar County, Inc., 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 Pfiesterannounced thatAgenda Item No. 5-D, authorizing the execution of the agreement with the Visitors and Convention Council/Chamber of Commerce of Lamar County, Inc., related to the use of Hotel/Motel taxes had been tabled, and a motion was needed to bring it from the table. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to bring Agenda Item No. 5-D from the table. The motion carried 7 ayes, 0 nays. Resolution No. 2000-151, approving the form of the contractwith the Chamber of Commerce of Lamar County, Inc., for maintaining the Visitors and Convention Council, and authorizing the Mayorto execute on behalf of the City of Paris the said contract, 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. City Council Meeting November 13, 2000 Page 7 Resolution No. 2000-152, approving the plans and specifications for the "Martin Luther King, Jr. Drive Extension from 6t" Street N. E. west to N. Main Street Project," and authorizing advertisement, with bids to be received at the office of the City Manager, 135 1St Street S. E., Paris, Texas 75460, until 3:00 P.M. on Tuesday, December 5, 2000, 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. 2000-153, approving the amendment to the current Bylaws of the Paris Public Library Advisory Board, to incorporate therein a new paragraph seven (7) under Officers and Members, to address the issue of attendance by board members, such that said Bylaws shall hereafter include said paragraph seven, 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. Resolution No. 2000-154, approving the plans and specification for the "Long Avenue Water, Sewer, and Street Improvement Project", and authorizing the advertisement for bids to be received after due notice at the office of the City Manager of the City of Paris, 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. Resolution No. 2000-155, authorizing and directing the City Manager to execute on behalf of the City of Paris, a purchase order for a new Physio- Control LifePak 12 Cardiac Defibrillator/Monitor with carrying case for the Emergency Medical Services Department from Medtronics Physio-Control Corporation, which is the sole source provider of such equipment, for a total purchase price of $19,495.00, 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. 2000-156, approving the forms of the Contract Change Notices Nos. 01 and 02 to the contract for Public Health Services, TDH Document No. 7560022067-2001, that the execution by the City Manager on the 22nd day of August, 2000, on behalf of the City of Paris which is the authorized contracting entity for the performing agency, the Paris-Lamar County Health Department, of Contract Change Notice No. 1 regarding the Supplemental Nutrition City Council Meeting November 13, 2000 Page 8 Program for Women, Infants, and Children (WIC) to the Contract for Public Health Services, was presented. A motion was made by Councilman Gray, seconded by Councilman Carter, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2000-157, approving the plans forthe proposed State of Texas, Texas Department of Transportation, Plans of Proposed State Highway Improvement, Federal Aid Project STP01 (181) HES, Lamar County, Install Highway Illumination, US 82/271 at Pine Mill Road, dated November 7, 2000, was presented. A motion was made by Councilman Carter, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2000-158, approving the engineering services agreement with Hayter Engineering for design of the "Pro Rata Sanitary Sewer Extension for Cope Addition Project," and authorizing the Mayorto execute said agreement on behalf of the City of Paris, was presented. After discussing the length of time this project will take, 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. 2000-159, authorizing and directing the City Manager to execute on behalf of the City of Paris the purchase order for one (1) 873 G- Series Bobcat Loaderforthe Parks and Right-of-Way Division of Public Works Department for a total purchase price of $23,286.00, 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. Resolution No. 2000-160, accepting and approving the "Police and Municipal Courts Facilities Study" prepared by Brinkley SargentArchitects, and directing the City Manager and the City Attorney to negotiate and the Mayor is authorized to execute a professional services contract with Brinkley Sargent Architects, in accordance with a proposal for services, for preliminary design and planning services in furtherance of a potential new Police and Municipal Courts facility, was presented. City Manager Malone said the gist of the study was that this firm looked at City Council Meeting November 13, 2000 Page 9 three alternatives and their recommendation is that the most economical process would be to build a new Police and Municipal Court facility. He said the site has not been selected, but there are a number of those around the city. City Manager Malone said in order to move forward, there is the prospect of having a bond election and the architect would do preliminary design work to give a rendering or drawing that can be utilized by the committee that might be set up to promote the bond issue. City Manager Malone advised that is what this agreement does, accepts the study and authorizes hiring this firm to do the preliminary rendering. After discussion, a motion was made Mayor Pro Tem Manning, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2000-161, resolving that the bid of Aramark Uniform Services, is hereby accepted and let, conditioned upon said uniforms meeting all of the terms and specification in the bid documents for furnishing and servicing employee uniforms, 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. 2000-162, approving the form of the Agreementfor Engineering Services with Bucher, Willis & Ratliff Corporation for special consulting and day-to-day engineering services in the role of Acting City Engineer, and authorizing the Mayor to execute on behalf of the City of Paris the Agreement for Engineering Services, was presented. City Manager Malone introduced Frank Davis with the firm of Bucher, Willis & Ratliff Corporation, who will be working with the City of Paris in the role of Acting City Engineer while the city goes about the task of seeking a full time City Engineer. City Manager Malone said that Mr. Davis would be here as necessary and thought it would be about two to three days a week. City Manager Malone explained that the City of Paris has to have a City Engineer to review all of the plans and engineering construction documents that are submitted by developers and to place his seal on any project that costs more than $15,000.00. City Council Meeting November 13, 2000 Page 10 A motion was made by Councilman McCarthy, seconded by Councilman Gray, for approval of the resolution. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for discussion and consideration of possible action regarding response to notice of availability of the current U. S. Post Office building. City Manager Malone read a letter sent to the City of Paris by Stoneleight Huff Brous McDowell Commercial Real Estate Services, Worldwide, which is a notice of availability excess real property former Post Office, 231 Lamar Ave., Paris, Texas, as follows: "The United States Postal Services (USPS) has declared the real property described on the enclosed fact sheet as excess and available for disposal. This is notice that state and local government may make an offer to purchase this property before the USPS offers it for sale to the general public. Any government entity desiring to purchase this property must notify this office, in writing, within sixty (60) days of the date of this letter (December 4, 2000). Upon receipt of such notice, the USPS will promptly supply the interested party with a Purchase and Sale Agreement and advise them of the procedures necessary to acquire the property." City Manager Malone advised the City Council that the building is approximately 28,673 square feet and the land is approximately 33,270 square feet, and will be occupied through December, 2000. City Manager Malone said the government gives preference to the other governments and federal agencies if they want to utilize that building for some purpose. He said they will have an appraised value, and he did not know what that is, and in some cases in the past, they have been willing to give it to local governments for one dollar, but that may no longer be the case. City Manager Malone said if the City Council elects to go forward with building a new facility for the police and court building, he did not foresee any use of this building for any department in the City of Paris. The City Manager said the study reflects that it would cost over nine million dollars to rehabilitate the building for use of a police and court building. After discussion, a motion was made by Councilman Bell, seconded by City Council Meeting November 13, 2000 Page 11 Councilman Plata, to respond to the notice of the availability of the U. S. Post Office. The motion carried 7 ayes, 0 nays. City Manager Malone reported that Fire Stations No. 2 and No. 4 are under construction. Fire Station No. 2 is the substation located on Pine Mill Road and is about 70% complete. The contractors have completed the insulation and started installing the sheetrock. The electricians are almost through with the rough-in electrical and the plumber is almost through with the rough-in plumbing. He said the painters will started painting the truck bays very soon, and as soon as it drys up the bricklayers will start laying brick. City Manager Malone said Fire and EMS Station No. 4 is located on the northwest corner of Jefferson Road and 24t" SE Street and is about 50% complete. The metal building has been erected and the roof installed. The carpenters have started the framing of the walls. City Manager Malone said the water and wastewater utilities are almost completed at both stations. Mr. Bill Davidson is the Construction Manager for the projects. He thinks it may be February before the stations are completed. City Manager Malone reminded the City Council thattonightthey approved the plans and specification forthe Martin Luther King, Jr. Drive Extension Project from 6t" Street N. E. to N. Main Street, and plans and specifications call for approximately 2,550 linear feet of 6" water mains, 110 linear feet of 2" water mains, 6 fire hydrantassemblies, 26 water customer services, 2,090 linearfeet of 8" sanitary sewer, 5 manholes,18 sanitary sewer customers services, 6,744 square yards of reinforced concrete street paving, 3 type C inlets, 8 type E inlets for drainage, 48 linear feet of 15" reinforced concrete pipe storm sewer, 320 linear feet of 48 reinforced concrete pipe store sewer, 570 linear feet of 8' concrete flat bottom ditch, and 1,052 linear feet of 14' concrete flat bottom ditch with construction complete and in place. He said the project will be advertised on November 19 and 26t", 2000. Bids will be received on December 5t" and he would hope all bids that come in are easy to sort through, and was hopeful the bids will be awarded at the December council meeting. City Manager Malone said there is presently a project underway for the replacement of 36" sanitary sewer outfall line from the Loop north to the flow equalization basin. He said it is underthe direction of Terry Townsend and the inspector directed to work on the scene is Dave Daniels. The work is being done in conjunction with the administrative order from the EPA and is also City Council Meeting November 13, 2000 Page 12 recommended in the sanitary sewer evaluation survey that ADS Environmental Services did for the City of Paris. City Manager Malone advised the City Council that with Earl Smith being gone, he has placed one-half of the Engineering Department employees underthe direction of Tommy Haynes and the other half under the direction of Terry Townsend. City Manager Malone said the Manhole Rehabilitation Project is also a part of the Sanitary Sewer Evaluation Survey, which is under the direction of Terry Townsend. Thomas Ridge is the inspector on the scene. He said this work is being done in accordance with a study that the city had completed. City Manager Malone said there is a report from Public Works that they have completed the 2" overlay at the compost site which is in the southwest part of the city long with a 30'x30' covered shed. City Manager Malone also reported that a 4,200 foot privacy fence made out of inetal has been completed at the Public Works Department, which shields from public view all of the items of material that are used by that department. City Manager Malone said the city has partially completed an extension of 27t" N. E. Street, which was a project done in conjunction with the State. City Manager Malone explained that the State provided funds to extend 27t" Street into the Loop access road, and curb and gutter is being builtforthe property owners who provided the land forthis project. City Manager Malone said curb and gutter has been completed around the existing skate park located at the Market Square and trees, grass and other landscaping will follow in the next few weeks. City Manager Malone said the proposals have been received for the Main Street Downtown Streetscape Design Project and they will be reviewed by the staff and brought back to the City Council at a later date. The City Manager said the Sanitation Division has processed 750 cubic yards of brush and that staff training for employees of the Water and Sewer Divisions of Public Works has been completed on the utilization of new self- contained breathing apparatus that is placed on the Vactor trucks. He said plans have been developed for the first phase of the Record Park playground equipment replacement and park improvements. A grant has been submitted to the Texas Parks and Wildlife Department for Heritage Park and the city City Council Meeting November 13, 2000 Page 13 should be getting results from that application in January. The Public Works Department completed the year 2000 street program on November 3rd, which included hotmix overlay of 10.5 miles, chip sealing of 12 miles of street, rehabilitation of seven miles of streets, and upgrading of 2 miles of gravel streets. City Manager Malone said the city will be moving forward with the engineering on the project for sewage at the Cope Addition. He said there is right-of-way and engineering done for the extension of Hearne Street, which is an Economic Development Corporation Project. City Manager Malone reported that the city conducted testing on the soil at the back of the parking lot where the current animal shelter is located The city plans to build a new facility next to the old animal shelter, and they found that there was a lot of subsurface water that crosses from the north on Clement and comes under the proposed building location. City Manager Malone said this is the site of an old dump and the ground is also filled with glass and cans. He said they were trying to locate other property that would be more suitable. City Manager Malone said they had looked at property on west Center street, but the owner did not want to part with the land. He noted that they have other sites to look at. He said they were trying to find a site that is not going to be detrimental to a neighborhood or too close to housing and at the same time be accessible to the public. City Manager Malone said in regard to the council chambers, he has had discussion with an architect about what the expectations are; however, he has been tied up with the animal shelter project, but now is able to work on the council chambers and hoped to move forward on that and get something going on it in the spring. City Manager Malone advised the City Council that the city is presently storing a lot of equipment in the old fire station and it will have to be moved to another location. There being no further business, a motion was made by Councilman Carter, seconded by Councilman McCarthy, to adjourn the meeting. The motion carried, 7 ayes, 0 nays. The meeting was adjourned. City Council Meeting November 13, 2000 Page 14 MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL November 9, 2000 The City Council of the City of Paris, Paris, Texas, met in regular session, Thursday, November 9, 2000, 6:00 P. M., Paris Junior College, Applied Technology Building, Room 1016, 2400 Clarksville Street, Paris, Texas. Mayor Michael Pfiester called the meeting to order with the following Council Members present: Richard Manning, John A. Carter, Jr., Kevin Gray and Benny Plata. Also present were City Manager Michael E. Malone, Assistant City Attorney Stephanie Harris, and City Clerk Mattie Cunningham. Invocation was given by Terry Townsend, Director of Public Works for the City of Paris. City Manager Malone presented the minutes of the Planning and Zoning Commission meeting held November 6, 2000, and attached hereto as Exhibit A to these minutes. Mayor Pfiester called for consideration of and action on the Final Plat of The Hills, Phase I. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Gray, for approval of the Final Plat of The Hills, Phase I, subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. Mayor Pfiester called for consideration of and action on the Preliminary Plat of Summerwood I. A motion was made by Mayor Pro Tem Manning for approval of the Preliminary Plat of Summerwood I. The motion was seconded by Councilman Plata and carried 5 ayes, 0 nays. Mayor Pfiester announced that the next item on the agenda was a public hearing to receive citizen input to assist in establishing the priorities for the use of Lake Crook property and developing the Lake Crook Master Plan. Terry Brannon, President of the C. T. Brannon Corporation, was present advising that he has been a Consulting Engineer since 1977 and his background is Civil Engineering. He has been engaged in private practice since 1977, but he has been in the public works side of that since 1968, and did his internship with the City of Irving and spent four years as the Assistant City Council Meeting November 9, 2000 Page 2 Engineer with the City of Tyler. Mr. Brannon pointed out that he has background that encompasses almost all aspects of the development and control around lakes. Mr. Brannon said the City of Paris chose his firm to do this plan for Lake Crook, and he sees his roll as a facilitator. He said that he is not going to tell the city what to do with Lake Crook, but what he hopes to do is hear from citizens as to what they would like to see done. Mr. Brannon said he would tell the City Council howto accomplish those goals within some reasonable budget, and prepare a written report, which is due to the City Council by the end of this year. Mayor Pfiester declared the Public hearing open and called for those who wish to speak regarding the development of the Lake Crook Master Plan. Jerry Dudley, 300 Mansfield Road, Executive Office with the Maxey Rifleman Gun Club, came forward. Mr. Dudley said for the past 15 years. He stated that he has been associated with this club and the city has leased them a portion of land on the southwest corner of Lake Crook where they established a shooting range. He felt that the City has provided a valuable service to the hunters and shooters in this area by providing that range forthem. Mr. Dudley said their range is located just across the road from F. M. 79, and most of their range is under water when they get a heavy rain and did not know how that area would be for development, but currently they use the range quite extensively. Mr. Dudley gave the City Council a copy of their shooting programs for the year 2000 to give the City Council an idea of some of the activities that they do carry on. Mr. Dudley said there is approximately 300 members and gave the City Council a list of their members along with two photographs showing some of the events at the club. Mr. Dudley stated that they were concerned that some development may deny them the use of that facility. He said they were certainly not against seeing development around the lake in certain areas, but the major concern is their area. Gary Vest, President of the Lamar County Chamber of Commerce, representing over 800 members, came forwarding telling the City Council that the Lamar County Chamber of Commerce has listed the development of Lake Crook as a priority of the community for the last three years. Mr. Vest said when the Chamber of Commerce refers to this development, they desire a balanced development of private residential and recreational area with public access. Mr. Vest stated that it is the belief of the Chamber of Commerce that City Council Meeting November 9, 2000 Page 3 placing the undeveloped property currently owned by the city in a free enterprise system, with the exception of the current park side as it is already designed, would bring a significant building boom to Paris. Mr. Vest said there has already been an expression of interest by private property developers in developing Lake Crook. He advised the City Council that the Chamber of Commerce also believes that the initiation of the residential development of Lake Crook would be a lucrative endeavor for the City of Paris. Mr. Vest said there are a number of questions that need to be answered in regards to the development cost, what benefits that can be derived by the City of Paris, and what will the city pay to service the residential development of Lake Crook. Mr. Vest advised that on May 10, 1999, he appeared before the City Council at the direction and instruction of the Chamber of Commerce Board, and asked the City of Paris to consider hiring a consulting engineering firm to prepare a cost benefit analysis in developing city land around Lake Crook for residential and recreational development. He also requested the cost of dredging or otherwise cleaning up the lake to make it a more integral part of the city's water supply system. Mr. Vest told the City Council that the sales tax on a house valued at $150,000.00 would net $750.00 to the city, which is probably more than the cost for providing fire service or police service would be on an incremental basis on a per house basis. Mr. Vest said the ad valorem tax for a$100,000.00 house on Lake Crook would bring $553.00 per yearto the city. Mr. Vest pointed out that a private developerwould pay forthe infrastructure cost for streets, water and sewer and the city would gain many new water customers spreading the overall cost of the water system among more users and actually lowering the individual cost. Mr. Vest also talked about the probability of eventually having to build a new sewer treatment plant. Mr. Vest advised the City Council that one private developer told him that for every 1,000 acres they develop, it is a standard procedure to develop an 18 hole golf course with public access. Mr. Vest wanted to know about a joint venture between the city and a private developerwhere the city would get a percentage of the cost of every lot sold or developed. Mr. Vest asked the City Council to please consider the economic potential for this type of development for Lake Crook. Mr. Vest presented the City Council with letters from various chamber members and asked that they be entered into the records. Steve Pearson, 4901 Wolf Creek, appeared before the City Council stating that he is a member of the Archers for Christ Archery Club. Mr. Pearson said this City Council Meeting November 9, 2000 Page 4 club has had a large section of the Lake Crook property under lease for some years, and they have spent a lot of time and effort maintaining the property. Mr. Pearson said that to the Archers for Christ Archery Club, the lake area is a place right out of Maberry RFD - it is very pristine and classic. Mr. Pearson said they were very open to multi-use of the property, but they are concerned that if it is developed, since this is a secondary source for the City of Paris, residents use all types of chemicals on their yards, and he was concerned that it would encroach on the buffer zone. He felt the city should consider these issues. Mr. Pearson said they recognize there is a significant economic potential for the lake property such as the drag boat races. Mr. Pearson told the City Council that the Archer's forChristwill be hosting a NAAF Association Field Shoot in the year 2004 with potential for 400 to 500 shooters attending. Nancy Salzman, Stillhouse Road, appeared before the City Council stating that you cannot place a price as to what the lake property offers. Ms. Salzman said she was interested in seeing nature trails and bike trails around the lake. Ms. Salzman pointed out that the Audubon Christmas Bird House makes a major stop every year to birdwatch at the lake as the habitat there is fantastic for bird life, especially on the back side. Ms. Salzman said it would be a great loss to see it removed from its natural state. She felt there is a lack of recreational areas in this area. Charline Mulligan, 226 West Washington Street, came forward telling the City Council that Ms. Salzman expressed the same feelings that she has regarding Lake Crook. She wanted to keep the lake areas rustic, rural, and keep it for the citizens of Paris. Ms. Mulligan pointed out that there is a need for things for the young people to do and this would be a great place for the teenagers. Mark Rothfuss, 2810 Willow Bend, came forward presenting the City Council with a copy of a master plan for the Archers for Christ. Mr. Rothfuss said they have had a lease for land at Lake Crook about 13 years. Mr. Rothfuss stated they were against any commercial development of the land at Lake Crook. He submitted an advertisement that was placed in the Paris News thatwould help their club support maintaining the undevelopment of Lake Crook area in its natural state. There were 15 advertisements returned supporting maintaining the undevelopment of Lake Crook area in a natural state, and he also presented a petition containing 104signatures thatwas circulated attheirclub City Council Meeting November 9, 2000 Page 5 and other places. Mr. Rothfuss said what they want to do is retain their lease for five years and to continue to develop their club in zones 1 through 7. He said they would like help with the trash clean-up because Caviness Road presents a real problem for them being able to keep it clean and safe. Mr. Rothfuss stated they try really hard to get the young people in Paris involved in their club. Mr. Rothfuss said they support the Maxey Black Powder Rifle Club which is located at Lake Crook. Mr. Rothfuss urged the City Council to not build houses at Lake Crook. Fred Morphew, 2765 Simpson, representing the Paris Skeet and Trap Club, appeared before the City Council telling them that their club leases 75 acres at Lake Crook. Mr. Morphew gave background information of their club and information regarding the investment that they have put into this club. Mr. Morphew said they support the development of the park area, but they want to retain the property that they currently lease and keep it in its natural state. Beverly Lewis, 910 North Collegiate Drive, was present stating that she was speaking for herself and unofficially for members of the Northeast Texas Audubon Society and the North Texas Birders' Club. Ms. Lewis said that there is one point that has not been made tonight, that being the issue of quality of life. Ms. Lewis said the quality of life in the City of Paris is excellent and one of the reasons for that is because they are very fortunate to have a lake within our city property that is just beginning to be developed again and can reach the potential it had a number of years ago when it was "the" place to go. She said not only did it serve picnickers and families, it served fishermen, boaters, bike riders and other types of people from the general populous who enjoyed the amenities at Lake Crook. Ms. Lewis said restoration has begun forthe lake and she would hate to see this come to a halt. Ms. Lewis said she would like to see it remain in its present state and be developed to the point where it would be a number one source of recreation for all citizens and for those who come in from other areas. DeLoria Redus, 320 S. W 34t" Street, appeared before the City Council stating that her husband, Lyndol Redus, was chairman of the Lake Crook Fishermen's Association and he and other members were instrumental in getting the pier restored at Lake Crook. Ms. Redus said it was Mr. Redus's dream to get restrooms at the lake. Ms. Redus said Lake Crook is a landmark and City Council Meeting November 9, 2000 Page 6 something to be proud of, and the city needs more things out there for the young people. Dean Westbrook,1515Mansfield Road, appeared advising the City Council that he has worked with the Fishermen's Association to build the pier and help clean up at Lake Crook. Mr. Westbrook stated that housing would be fine, but what is really needed at Lake Crook is a recreation center for all citizens of Paris, Texas. Mayor Pfiester told the audience that this is their council and lake and what the city is trying to do is receive input from citizens regarding what they would like to see developed at Lake Crook. Dawson Ballard, Powderly, Texas, appeared before the City Council stating thathe has been a memberof theArchers for Christ Archery Club fora number of years. Mr. Ballard said they cleaned up all of the north and west side of the lake from past dumping that was done because the lake was open to the public. Mr. Ballard said they have fenced off the roads so people can not get into that area. Mr. Ballard asked that the Lake Crook remain in its natural state. Mr. Ballard said that there are openings where people can get through and ride bikes and horses in this area. Donny McHam, Route 1, Box 70G, Blossom, Texas, came forward telling the City Council that he started the Archer's for Christ Archery Club. He pointed out that this area is a natural Post Oak savannah, which is one of the few that is left in this whole county. Mr. McHam said that developing the lake area would destroy this natural area. He said land development is the number one cause of wildlife demise, not hunting or sport hunting, but land development. Mr. McHam said they have all types of people that come out and use their facilities and this is something that they are trying to reach the entire area with. Mr. McHam said they had plans for the future for very large tournaments at their club. He said there will be people from all over the United States coming to these tournaments. Mr. McHam stated that they were against land development and were for the development of the park area. Earl Bell, 180 Deer Valley, appeared before the City Council stating that the open letter from Lake Crook says they can have bike trails, pony rides, and recreation. Mr. Bell said he is a member of the Paris Skeet and Trap Club, City Council Meeting November 9, 2000 Page 7 Pistol Club, and Rifle Club, but he was speaking as a private individual. Mr. Bell stated he was against the property being developed for housing and asked that the city leave them alone. Richard Swint, 2510 Stillhouse, came forward stating that he is not a resident of the City of Paris, but he is a taxpayer. Dr. Swint said there is very poor realization about the potential of the Lake Crook property. Dr. Swint said it was very difficult to involve the community in developing an asset such as this through council meetings. Dr. Swint said he would hope that the City Council would send people to each civic club, which would entail some description of the facilities that are located on the lake property and show photographs of what has been developed in the past and involve as a board of a base group of people to think about the potential of this lake. Dr. Swint pointed out that this process was followed in developing the Love Civic Centerwith a result of the City of Paris having a fine building that can be utilized by the citizens. Dr. Swint stated that parks and recreation is probably one of the top priority items for planning the quality of life for the community. He said this particular area is close to the city and it would be readily and easily developed for recreational purposes instead of real estate. Mr. Swint encouraged the City Council to enlist the interest of a very broad base of people through all of the civic clubs. Joe Bob Margraves, Route 6, came forward stating that his interest is the youth of this community. Mr. Margraves said the City of Paris needs a place for the youth of this community to play ball. He said we need a place to gather and have fun, whether it is Lake Crook or somewhere else, he just wants a place for the kids to play , be safe, have a good time and develop into good adults. Councilman Carter departed the council meeting at 6:45 P. M. Richard Sharrock, Route 6, Box 6070, appeared before the City Council advising that he is also concerned with the youth programs that we have in Paris, Texas. Mr. Sharrock stated that there are several programs and with adequate facilities, they could be broadened and recreation could be a big part of that. Mr. Sharrock said he travels playing softball and they see parks that are in a nice environment with good drainage. He felt that another site in Paris Texas would be a benefit to the youth and to the community. Mr. City Council Meeting November 9, 2000 Page 8 Sharrock pointed out that there are several places to go in Paris. Because facilities are scattered in different areas of the city and there is not one place for families to go and participate in all types of sporting activities, that means they have to run all over the city if they have more than one child. Mr. Sharrock said he would like to see a place where this could happen. Mark McNeal, Route 1, Box 304, Sumner, Texas, appeared stating that for the past several years he has been involved in children's sports in this area, and like Mr. Margraves, he feels that where it is at does not matter, but they do have single parents running kids from one side of Paris to the other, which very hard on the parents. Mr. McNeal said this community should be able to get together and help out the kids by building some type of sports complex. Mr. McNeal told the City Council that Archer's for Christ has done a good job cleaning their area up and so has the Maxey Rifle Club. Carl Melton, 2230 East Cherry Street, appeared before the City Council stating that he is one of the people that helped to start the clean up of Lake Crook a few years ago. Mr. Melton said they were the ones that helped build the pier and in the summer time, you will see people out there fishing. Mr. Melton said he supports any organization and he feels that there should be something for the kids to do. Mr. Melton said that is what this Council needs to look forward to instead of trying to make a dollar on property at Lake Crook. Murray Jackson, 500 Pecan Street, Honey Grove, Texas, was present telling the City Council that part of the Maxey Rifle Club has a juniors program. He said they have several facilities for them to shoot in for this program. Mr. Jackson said the Skeet and Trap Club is always interested in having people come out and they are always searching for new members. Mr. Jackson said the Rifle Club is one of the best in the area and he would hate to see something happen to it. Leslie Dudley, 300 Mansfield Road, came forward telling the City Council that she was the past president of the Maxey Rifle Club. Ms. Dudley stated that the Archer's for Christ have been leasing a portion the Lake Crook property for many years, and this year they only received a one year lease where they have been granted a five year lease in the past. Ms. Dudley advised the City Council that their lease is coming up for renewal in two years and wanted to know what is going to happen at that time, and questioned why the Archer's for City Council Meeting November 9, 2000 Page 9 Christ lease was not renewed for five more years. Ms. Dudley said they can see the handwriting on the wall. Ms. Dudley said there is talk about housing and a golf course. Ms. Dudley stressed that Lake Crook should be for citizens of Paris and surrounding areas. Chris Riley, 5015 Post Oak Road, Vice President of the Maxey Rifle Club, was present telling the City Council that their club has provided rifles and ammunition for the Boy Scouts to use at the camp and they support other junior programs. Mr. Riley said as an event chairman at the Maxey Rifle Club, he has pulled people to their club from as far as Arlington, Texarkana, and Oklahoma to attend their matches, and they come every month because they do not see another club as nice at the Maxey Rifle Club's facilities. George Moore, 4145 Brandyn Place, appeared before the City Council telling them that he thinks that the people are worried about the open area around Lake Crook, not the lake; but, on the land they propose to build houses and roads, cutting down the trees, pouring concrete and doing away with the whole natural area, and selling the land to individuals who will make a lot of money on it. He said that people that are concerned about this area and would hate to see it destroyed and the animals lost. Mr. Moore said they were for development of the Lake Crook in order to make it a better recreational area. Jerry Hudgens,1210 Meadowlark, President of the Skeet and Trap Club, came forward telling the City Council that they support and would like to see the Lake Crook development in the park stage carried on and stated that Paris really needs a place like this. Mr. Hudgens advised the City Council that what they would hate to see is their club put to the point of having to shut down and move off the property. Walter Williams, 1235 7t" SW Street, was present stating that there has been a lot of interest stated tonight, but one that stands out in his mind is the what Dr. Swint spoke in favor of, parks and recreation and a broad use of the area. He said it appears that the majority of the people would like to see Lake Crook kept in its natural state, and developed for families and citizens of the Paris, Texas. Beverly Lewis, 910 N. Collegiate Drive, came forward again stating that she is very concerned that one public hearing is not enough. Ms. Lewis pointed out City Council Meeting November 9, 2000 Page 10 that we are talking about long term consequences for the City of Paris. She again stressed that one public hearing was not enough. Ms. Lewis urged the City Council to hold another public hearing on this subject. Mark Rothfuss, 2810 Willow Bend, also came forward again stating that he did notwant anyone in the room to misconstrue that the Archer's for Christ, or any other group that is present want to exclude other citizens of Paris to the use of that land. Mr. Rothfuss stated that they encourage people to come out, and they wanted them to develop bike trails and have it available for everyone. He said what they are asking for is that the natural state of that area be undisturbed. Mr. Rothfuss pointed out that everyone in the room is defensive about commercial development because that is the rumor, and further pointed out that everyone in this room does not have resources that a developer has at his disposal, including the Realtors in this town who can put them away in a heartbeat by buying this land, and that is why you see the attitudes that are coming forth tonight. He said there is a lot of money at stake. The developers have the money where their groups do not, and that is why he is present representing this group. The point is, they want the Lake Crook property left alone. He stated that if the city wants to develop it for the children, they encourage and support that, and they are not trying to make themselves look like a special interest group. Earl Bell, 180 Deer Valley, appeared before the City Council again asking where are the other citizens, and wanted to know why they were not present tonight. He said if they were really interested in developing the lake property, where are they? No one else appeared and the public hearing was declared closed. Terry Brannon with the C. T. Brannon Corporation came forward again stating that when he came to Paris to be interviewed for this project with the City Manager, City Attorney, and the Public Works Director, they went over the project including the history of Lake Crook and the area. He stated that he wanted to assure those in the audience that he was not given any directions from any member of the city staff in any way. He said he was given factual information of the history of the lake. He was told that there were people in town that were interested in preservation of the lake as it is, and he was told that there were people in town that were interested in development of the lake, City Council Meeting November 9, 2000 Page 11 but he was not given any instructions. Mr. Brannon advised that he will develop at least three development plans. One will be for the development of the property as a park. He said he will come up with cost analysis, attendance numbers, revenue projections, and things like that. He said he will also show a development plan including a housing development such as what could the city do if the city entered a joint venture as was suggested tonight, in the way of housing and what would it cost including the cost of sewage, water, and pressure systems. Mr. Brannon said the last plan would be to leave the lake as it is. Mr. Brannon stated that the next step would be to give the city an analysis of the alternatives, the cost benefit analysis, and then he will give them a conclusion and a recommendation at the end of the study. Mayor Pfiester announced that the City Council will have another public hearing regarding Lake Crook and it will be announced in the newspaper. ORDINANCE NO. 2000-050 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT ORDINANCE NO. 97-041 WHICH GRANTED A FRANCHISE FOR ELECTRIC SERVICE TO TEXAS UTILITIES ELECTRIC COMPANY BE EXTENDED FOR A PERIOD OF SIX (6) MONTHS; PROVIDING FOR CONTINUED COMPENSATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS WITH OTHER ORDINANCES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING AN EFFECTIVE DATE WAS PRESENTED. A motion was made by Councilman Plata, seconded by Councilman Gray for adoption of the ordinance. The motion carried 4 ayes, 0 nays. Assistant City Attorney Harris presented the following petitions for rezoning: Ray Spencer, Lot 12, City Block 222-13, from a One Family Dwelling District No. 2 to a General Retail District; Don A. Ensey, Lot 1, City Block 276, from a One Family Dwelling No. 1 to a Light Industrial District; Gene & Libby Hertzog, Lot 9, City Block 307-13, from Agricultural District to Agricultural with Specific Use Permit (25) Day Care Center District. Mayor Pfiester referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting scheduled for December 4, 2000, and before the City Council December 7, 2000. City Council Meeting November 9, 2000 Page 12 There being no further business, a motion was made by Mayor Pro Tem Manning, seconded by Councilman Plata, to adjourn the meeting. The motion carried 4 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OCTOBER 9, 2000 The City Council of the City of Paris, Paris, Texas, met in regular session, Thursday, October 9, 2000, 6:00 P.M., Paris Junior College, Applied Technology Building, Room 1016, 2400 Clarksville Street, Paris, Texas. Mayor Pfiester called the meeting to order with the following Council Members present: John Bell, Richard Manning, Joe E. McCarthy, John A. Carter, Jr., Kevin Gray and Benny Plata. Also present were City Manager Michael, Assistant City Attorney Stephanie Harris, and City Clerk Mattie Cunningham. Invocation was given by Gene Anderson, Director of Finance for the City of Paris. City Manager Malone advised that there were no City Council minutes ready at this time. City Manager Malone presented the minutes of the City Council Drainage Study Committee meetings. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards, and commissions and minutes from the Paris Public Library Advisory Board, Planning & Zoning Commission and the Traffic Commission had been presented with no action being required. City Manager Malone said there were no action items regarding the Library and the Zoning Commission; however, later on the agenda there were some items that relate to stop signs that have been recommended by the Traffic Commission. Dwayne Brinkley, architect with the firm of Brinkley Sargent Architects came forward presenting the Facility Needs Assessment Study for the Police and Municipal Court facility. Mr. Brinkley said their project approach is to establish goals by going through a process which would allow them to reach a bottom line. Mr. Brinkley said the actual contract had some goals and some other goals just came out of those. One goal was to create an efficient, pleasant and safe work environment. Another goal was to look at a 20 year growth projection for the City of Paris, and that is basically what they did. Mr. Brinkley said the Court and Police Department is sharing a lobby and identity and there is a desirability to separate those lobbies out. Mr. Brinkley said the three options that they were charged to look at were the Old Post Office Building being vacated, they were to look at the current facility, and a new site. Mr. Brinkley advised that of the three the building of a new facility on a new site or on the existing site would be more cost effective and less limited on layout of the floor plans. He said that the required building area would be 39,430 square feet for each site. The estimated cost for the renovation of the post office is $9,081,000.00 verses the estimated cost of renovation and additions to the existing facility is $8,805,000.00, and the cost for a new site would be estimated at $8,569,000.00. Mr. Brinkley showed a visual overview of each option and discussed each one with the City Council. Mr. Brinkley said that design wise, it would take approximately nine months to actually be ready to bid a project and the construction of a project of this size would take approximately twelve to fourteen months to complete. After discussion, a motion was made by Councilman McCarthy, seconded by Councilman Gray, to direct the city staff to procure information for the city's financial advisor as to the cost of money with the recommendations made by the consultant. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2000-048 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 THE TRAFFIC CONTROL MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31-65 OF SAID CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF NOVEMBER 1, 2000, 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. City Council Meeting October 9, 2000 Page 3 ORDINANCE NO. 2000-049 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT ORDINANCE NO. 97-041 WHICH GRANTED A FRANCHISE FOR ELECTRIC SERVICE TO TEXAS UTILITIES ELECTRIC COMPANY BE EXTENDED FOR A PERIOD OF SIX (6)MONTHS; PROVIDING FOR CONTINUED COMPENSATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS WITH OTHER ORDINANCES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilman Plata, for adoption of the ordinance. The motion carried 7 ayes, 0 nays, Mayor Pfiester called for consideration of and action on bids received at a public bid opening for reconstruction and rehabilitation of the Paris Santa Fe-Frisco Railroad Depot. City Manager Malone advised the City Council that a grant has been received from TxDOT in 1996 to rehabilitate the Paris Santa Fe-Frisco Railroad Depot. City Manager Malone said that one bid was opened in August, 2000, and was over our budget by more than $450,000.00. City Manager Malone said the specifications are being revised and once he received all the necessary approvals, the city will be going out for bids again. City Manager Malone said it was his recommendation to reject the bid received. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, to reject the bid for rehabilitation of the Paris Santa Fe-Frisco Railroad Depot. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for consideration of and action on a resolution approving the City of Paris' participation in the Denton vs. TXU Utilities Company, et al, case relating to delinquent franchise fees. City Manager Malone advised the City Council that this item had been previously tabled and a motion to bring it from the table was in order. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, to bring the above item from the table. The motion carried 7 City Council Meeting October 9, 2000 Page 4 ayes, 0 nays. Resolution No. 2000-140, resolving that the City of Paris, Paris, Texas, agrees to participate with other similarly situated Texas cities in the TXU/Lone Star Gas system and join the City of Denton in pursuing causes of action against Texas Utilities Company, Lone Star Gas Company, and otherentities associated with TXU to collect delinquentfranchise fees, that the City of Paris, Paris, Texas, agrees to contribute $1.00 for each individual residing within its corporate limits based in the 1990 U. S. Census (except for such portion of its population that may not be residing within the TXU/Lone Star Gas service area), to underwrite the cost of legal and expert witness fees and related costs to be expended on behalf of the cities in this matter, $.50 being due on or before October 31, 2000, and the other $.50, if assessed, being due and payable on the date of the Steering Committee of Cities Participating in the TXU Franchise Litigation authorized such assessment, was presented. Ms. Aime Richardson, with the law firm of Strasburger & Price, representing the consortium of cities, was present telling the City Council that there are some gross miscalculations in franchise fees in cities all over Texas. Ms. Richardson said their data is very clear and they are happy to share the data with anyone, but they can not really get into that much specifics at this time. She said they are aware that TXU has presented information that there was a settlement or near settlement and that is not true. Ms. Richardson said since the negotiations broke down about two weeks ago, they have twelve additional cities to join the case and they anticipate additional parties up to 65. Ms. Richardson advised that they were not in a position to give the City of Paris legal advice at this time, but once a city joins them, they will be very specific. They will be doing an audit, and what happens once they complete the auditforthe City of Paris is they will look at the numbers and if the amount that you put down at the city's inception is more than 10% of miscalculation in their audit review, they will refund the difference. Ms. Richardson said the damages go back 20 to 40 years and there is no statute of limitations on how far you can go back. Ms. Richardson said another important thing to know is that the 1998 legislative changes in SB 7 required that a lot cities under billed audit to determine what their 1998 numbers were so they can become a base line for about the next 10 to 15 years for the TXU to base their assessment upon, but Ms. Richardson stated that she thought that is probably in error. She felt that a lot of times the 1998 numbers were wrong City Council Meeting October 9, 2000 Page 5 and the problem with not going forward in the lawsuit is that the City of Paris will be jeopardizing the city's position when they use the base line, and if they find it incorrect, and the city is using a lot more kilowatt hours or a lot fewer kilowatt hours and the gross receipt numbers were incorrect, then the only way you can really correct that situation is to join in this law suit. Ms. Richardson said the settlement that comes out of this will be specific to the City of Paris and it will be based on the real numbers. Ms. Richardson advised the City Council that they were still in the discovery phase and they have requested information on all municipalities so that Denton is not alone and in some cases they have not been able to get any information because when Lone Star Gas and TXU merged, they can not seem to find some of the basic information to tell them what the gross receipts were and how they determined the funds that should have gone to the cities. After further discussion with Ms. Richardson, a motion was made by Councilman Plata, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes,0 nays. Resolution No. 2000-141, resolving thatthe city Council of the City of Paris, Paris, Texas, hereby authorize the execution of two tax sales deeds to Ashley Redhead II & Akwokwo Olabisi for Lot 2, Block 1, Lane Place Addition, Lot 18, Block Q, East Park Addition, and Lot 19, Block P, East Park Addition, 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 nay6s. Resolution No. 2000-142, authorizing the execution of a lease agreement between the City of Paris and the Paris Radio Control Association for a lease of 3.673 acres of land near Lake Gibbons for the purpose of model aeronautics activities, for a term of five years, was presented. Victor Ables, 2725 Meadow Lane, representing the Paris Radio Control Association appeared before the City Council and gave a brief background of the Paris Radio Control Association and what they have accomplished. After discussion, 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. City Council Meeting October 9, 2000 Page 6 Resolution No. 2000-143, approving the form of the Contract Change Notice No. 2 to the Contract for Public Health Services, TDH Document No. 75-60022067-00, and authorizing and directing the City Managerto execute on behalf of the City of Paris the Contract Change Notice No. 2 to the Contract for Public Health Service, 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. 2000-144, accepting the COPS in School Grant Program in the total amount of $374,340.00, and authorizing and directing the City Manager to execute on behalf of the City of Paris, the COPS in School award, 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. 2000-145, a Joint Resolution of the City Council of the City of Paris, Paris, Texas, and the Commissioners Court of Lamar County, Texas recognizing the dangers of alcohol use by young Texans; supporting local enforcement of the state's underage drinking laws, was presented. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, forapproval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2000-146, authorizing and directing the City Manager to execute on behalf of the City of Paris, a purchase order for two (2) 2001 Ford F350 Type 1 Ambulances for a total purchase price of $163,213.95, which represents the cost of the ambulances, which is $166,236.00, plus the cost of the Houston-Galveston Area Council of Governments fee, which is $2,477.95, less the value of the City's trade-in of $5,500.00, was presented. A motion was made by Councilman Gray, seconded by Councilman Carter, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2000-147, authorizing and directing the Mayor to execute and the City Clerk to attest to a City Pride Sign Agreement between the City of Paris and the Texas Department of Transportation, that the City Manager and the Director of Public Works are hereby authorized to undertake all action necessary to implement the City's participation in the City Pride Program, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, for approval of the resolution. The City Council Meeting October 9, 2000 Page 7 motion carried 7 ayes, 0 nays. There being no further business, a motion was made by Councilman Plata, seconded by Mayor Pro Tem Manning, to adjourn the meeting. The motion carried 7 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OCTOBER 5, 2000 The City Council of the City of Paris, Paris, Texas, met in regular session, Thursday, October 5, 2000, 6:00 P. M., Paris Junior College, Applied Technology Building, Room 1016, 2400 Clarksville Street, Paris, Texas. Mayor Michael Pfiester called the meeting to order with the following Council Members present: John Bell, Richard Manning, Joe E. McCarthy, John A. Carter, Jr., and Benny Plata. Also present were City Manager Michael E. Malone, Assistant City Attorney Stephanie Harris, and City Clerk Mattie Cunningham. Mayor Pfiester gave the invocation and asked for a moment of silence in honor of former Mayor Charles H. Neeley. City Manager Malone said that Steve Methven, Chief Building Official, will give the report from the Planning and Zoning Commission as each item comes up. Mayor Pfiester announced that the next item on the agenda was a public hearing to consider the petition of Bob McCarley for a change in zoning from a One-Family Dwelling District No. 3(SF-3) to a Light Industrial District (LI) on Lot 20, Block A, Windsor Estates Addition, being located in the 4000 Block of Pine Mill Road. City Manager Malone advised the City Council that a telephone call from Mr. McCarley's attorney stated that they would be withdrawing this zoning application due to the neighborhood opposition that was presented at the Planning and Zoning Commission on Monday night. He said the Planning and Zoning Commission voted 5-1 to recommend denial of the proposed zoning change. City Manager Malone said no action will be required on the public hearing, and Agenda Item No. 4, an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a One-Family Dwelling District No. 3(SF-3) to a Light Industrial District (LI) on Lot 20, Block A, Windsor Estates Addition, being located in the 4000 Block of Pine Mill Road. Mayor Pfiester declared the public hearing open to consider the petition of Monte Moore for a change in zoning from an Agricultural District (A) to a Two- Family Dwelling District (2F) on Lot 8, City Block 318, being located in the 3300 Block of Center Street. Mayor Pfiester called for proponents to appear, and Monte Moore appeared in City Council Meeting October 5, 2000 Page 2 behalf of his petition. Mr. Moore said he owns the property located on Center Street with 775 feet frontage on Center Street that is wooded and his proposal is to build duplexes on the property. Mr. Moore pointed out that the way this property is located on Center Street, it is like being by itself, other than what he has behind this property and one home, and this property owner does not have any objections to the zoning change. Mr. Moore said when coming up 34th Street, the people that would actually be involved are the Montgomerys and the Guests, and he discussed their locations in relations to his property. Councilman Kevin Gray entered the council chambers and assumed his seat at the council table. Mr. Moore said that according to the engineers that he has talked to, the commercial project that he has done and this project will have very little or no bearing on the water standing on Center Street. Mr. Moore said until that road is raised up and the ditches on the north side of Center Street are prepared to flow, it is going to back up in that low spot. Mr. Moore said another thing that was discussed at the Planning and Zoning Commission's meeting was THAT lights from his development would be a problem. He explained that this project would be one thousand feet down from Mr. Guest's home, and he could not see the problem. Mr. Moore said the duplexes will be two -story with rear entry instead of using Center Street for parking. Mr. Moore said this project would not hurt the property in the area. Mayor Pfiester called for opponents, and Jay Guest, 1815 34t" N. E, appeared before the City Council speaking in opposition to the rezoning petition. Mr. Guest presented pictures of the flooding problems on Center Street. Mr. Guest said if the duplexes are put in, this will cause additional water to flow off the houses creating a larger problem. Mr. Guest stated he was opposed to any project in this area and objected to duplexes being built. Mr. Guest urged the City Council to not do anything until bigger problems are addressed. City Manager Malone urged Mr. Guest to attend one of the Drainage Study Committee's meeting and voice his concern with the drainage in his area. Mary Montgomery, 1570 34t" N. E., appeared before the City Council in opposition to the zoning change. Ms. Montgomery said she had nothing against Mr. Moore, but she was against building duplexes in the City Council Meeting October 5, 2000 Page 3 neighborhood. Ms. Montgomery presented pictures of the flooding problem on Center Street. Ms. Montgomery said she did not want two family dwellings in front of her home. She pointed out that if the duplexes were built that means 10 buildings, 20 units, and 40 cars. Ms. Montgomery said they were just trying to protect their property. No one else appeared, and the public hearing was declared closed. Mayor Pfiester called for consideration and action on an ordinance amending Zoning Ordinance No.1710, changing the zoning from an Agricultural District (A) to a Two-Family Dwelling District (2F) on Lot 8, City Block 318. After discussion, a motion was made by Mayor Pro Tem Manning to deny the rezoning of Lot 8, City Block 318. The motion was seconded by Councilman Bell, and carried 5 ayes 1 nay, Councilman Plata voting no. ORDINANCE NO. 2000-047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NUMBER 85-026 WHICH AMENDED ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, BY REVISING SECTION 2 OF SAID ORDINANCE; PROVIDING FOR THE APPROVAL OF A SITE PLAN FOR LOT 1, CITY BLOCK 319; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF NOVEMBER 1, 2000, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilman Plata, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for approval of the Final Plat of Briarwood II, subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. There being no further business, a motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to adjourn the meeting. The motion carried 6 ayes, 0 nays. City Council Meeting October 5, 2000 Page 4 MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL SEPTEMBER 26, 2000 The City Council of the City of Paris, Paris, Texas, met in special session, Tuesday, September 26, 2000, 6:00 P. M. Red River Valley Fairgrounds, Community Exhibit Building, 590 Center Street, Paris, Texas. Mayor Michael J. Pfiester called the meeting to order with the following Council Members present: John F. Bell, Richard Manning, Joe E. McCarthy, Kevin Gray, John A. Carter, Jr., and Benny Plata. Also present were City Manager Michael E. Malone, Assistant City Attorney Stephanie Harris, and City Clerk Mattie Cunningham. ORDINANCE NO. 2000-046 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 2000 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 Councilman Bell, seconded by Councilman Plata for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Resolution No. 2000-135, authorizing and directing the Directorof Finance, W. E. Anderson, to transfer from the General Fund $269,000.00 from Line Item Account No. 01-91-00-0000 Contingency to be credited to the following accounts: Finance $6,000.00; Engineering $40,000.00; Public Works $45,000.00; Parks & Recreation $45,000.00; Garage $50,000.00; EMS $68,000.00; and Cox Field $15,000.00, which have experienced expenditures in excess of budget appropriations, 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. 2000-136, accepting the Solid Waste Implementation Grant, Contract No. 14310768, for the period beginning September 1, 2000, and ending August 31, 2001, in the total amount of $20,843.00 with the City of Paris providing $20,871.00 in the form of in kind services, was presented. A motion was made by Councilman Carter, seconded by Mayor Pro Tem Manning, for City Council Meeting September 26, 2000 Page 2 approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2000-137, approving the form of the Intergovernmental Agreement for Consulting Services with the Paris IndependentSchool District for a presentation of the Drug Abuse Resistance Education (D.A.R.E) Program for one hundred eighty (180) days throughout the 2000-2001 school year for students in pre-kindergarten through grade 5 at the Givens, Justiss, and Aikin campuses, 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. Mayor Pfiester announced that the next item on the agenda was a resolution rejecting all bids for the purchase of the Hewlett-Packard Design Jet 755CM Plotter, Serial Number ESB6A01892. It has been determined that this plotter could be a usable backup for the current equipment. Mayor Pfiester advised the City Council that this item has been tabled and a motion was needed to bring it from the table. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to bring the above item from the table. The motion carried 7 ayes, 0 nays. Resolution No. 2000-138, repealing Resolution No. 2000-038 and rejecting all bids for the purchase of a Hewlett-Packard Design Jet 755CM plotter, serial number ESB6A01892, located in the Engineering Department, was presented. A motion was made by Councilman Plata, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2000-139, authorizing the execution of Amendment No. One to the Water Service Contract between the City of Paris and Marvin-Jennings- Clardy Water Corporation to provide an extension of the original agreement for a four (4) month duration, was presented. City Manager Malone explained that during the course of the initial discussions with Marvin-Jennings-Clardy Water Corporation, it appeared there were several issues that they wanted to discuss and to resolve to the mutual benefit of both parties and as a consequence, a brief extension to the existing contract is proposed to enable the parties to continue these ongoing City Council Meeting September 26, 2000 Page 3 discussions and reach resolution of several issues. After discussion, 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. City Manager Malone recommended that the next two agenda items be tabled, which were Agenda Item No.3F, authorizing the execution of a lease of the City of Paris's three-tenths (3/10) undivided interest in and to Lots 1, 2, and 2A, City Block 201-13, to the Lamar County Chamber of Commerce, and Agenda Item No. 3G, authorizing the execution of the agreement with the Visitors and Convention Council related to the use of Hotel/Motel taxes. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to table Agenda Item No. 3F and Agenda Item No. 3G. The motion carried 7 ayes, 0 nays. City Manager Malone advised the City Council that Agenda Item No. 3H, approving the City of Paris's participation in the Denton vs. TXU Utilities Company, et al, case relating to delinquent franchise fees, had been tabled at the last City Council meeting, and recommended that it remain on the table. No action was taken on this matter. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to adjourn the meeting. The motion carried 7 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL SEPTEMBER 13, 2000 The City Council of the City of Paris, Paris, Texas, met in special session, Wednesday, September 13, 2000, 6:00 P. M., Red River Valley Fairgrounds, 1750 6th N. E., Building B, Paris, Texas. Mayor Michael J. Pfiester called the meeting to order with the following Council Members present: Joe E. McCarthy, Benny Plata, Richard Manning, John F. Bell, and John A. Carter, Jr. Also present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham. Mayor Pfiester announced the purpose of the special meeting was to conduct a public hearing on the City Manager's proposed Budget for the fiscal year 2000-2001 for the City of Paris, and Mayor Pfiester declared the public hearing open and called for those wishing to speak to come forward. Victor Ables, 2720 Meadow Lane, Chairman of the Paris Airport Advisory Board, appeared before the City Council, stating that he would like to speak about the proposed budget for the Airport. Mr. Ables advised that sometime back the Airport Advisory Board made a recommendation, based on information that they had collected, about building T-hangars for airplanes and pilots at the Paris Airport. Mr. Ables said there are enough people who would like to rent hangars and they are not available, and there are enough people wanting to rent hangars at this time to pay for the building of these hangars. Mr. Ables pointed out that there are very few opportunities in state and local government that can be done that have a payback along with a future income. Mr. Ables said it is his understanding that it has been removed from the budget. Mayor Pfiester advised Mr. Ables that it has been removed, but that the city has issued certificate of obligations to borrow for various projects, and felt that the City Council is going to approach building the T-hangar with a portion of those funds. Charles H. Neeley, 2650 Clark Lane, appeared before the City Council congratulating the City Council on the good job they are doing. Mr. Neeley City Council Minutes September 13, 2000 Page 2 said as he has been appointed to the Paris Band Commission, he asked the City Council not to cut the funds for the Municipal Band. Bill Clayton, representing the Northeast Texas Council on Alcohol and Drug Abuse, appeared before the City Council thanking them for including funding for the Northeast Texas Council on Alcohol and Drug Abuse. Mr. Clayton said it is extremely important for us to have financial support from entities such as the City of Paris as most of their funding requires a 5% match, and this mean they get many times what the city contributed to be able to get money from the state to deal with these problems. Mr. Clayton told the Council that it is extremely critical that they have support from entities such as the City of Paris so that they can do the match and keep they money from state here to be able to deal with these problems. Mr. Clayton again thanked the City Council again for their support and asked that the City Council reconsider helping them with funding in future years. Jackie Alsobrook, 4145 Misty Lane, appeared before the City Council stating that she serves as the Chair of the Northeast Texas Council on Alcohol and Drug Abuse Board, and she wanted to say thank you to the City Council for their support. Ms. Alsobrook told the Council how critical that money is and explained to the City Council how the money is used. No one else appeared, and the public hearing was declared closed. Mayor Pfiester declared the public hearing open on the proposed amendments to the City Manager's proposed Budget for fiscal year 2000-2001 for the City of Paris, and asked if there was anyone present who wished to speak. City Manager Malone said a notice had been published in compliance with the Charter of the City of Paris and Vernon's Texas Code of Annotated, Local Government Section 102.006 (b), and it gave notice that a Public Hearing on proposed the City Manager's Proposed Budget for the City of Paris for the fiscal year beginning October 1, 2000, and ending September 31, 2001, would City Council Minutes September 13, 2000 Page 3 be conducted by the City Council tonight here at this building. City Manager Malone said the nature of the proposed amendments are as follows: In the Police Department's Budget, the purpose of the proposed budget amendment is to retain two (2) positions currently vacant in the Police Department by reducing budgeted overtime. The additional $42,000.00 needed to pay salaries and benefits for the two (2) police officers will come from an existing or future law enforcement grant. The proposed amendments are as follows: Increase Line Item 0 1 -0 101-31 -00 (Salaries and Wages) $62,608.00 Increase Line Item 0 1 -0102-31 -00 (Social Security) $ 4,790.00 Increase Line Item 0 1 -0103-31 -00 (TMRS & Pension) $ 5,840.00 Increase Line Item O l -O l 04-31 -00 (Employee Hospitalization Ins)$ 7,102.00 Increase Line Item 0 1 -105-31- 00 (Worker's Compensation Inc.) $ 1,660.00 Total Increases $82,000.00 Reduce Line Item 01007-31-00 $40,000.00 In the City Council's Department budget, the purpose of the proposed budget amendment is to provide additional funding in the amount of $5,000.00 to support the efforts of the northeast Texas Council on Alcohol and Drug Abuse (NETCADA), and $10,000.00 to support the efforts of the Children's Advocacy Center of Paris. The $15,000.00 needed for these organizations will be taken from the contingency appropriations. The proposed amendment is as follows: Increase Line Item 01-06-01-11-00 $15, 0 00.00 City Council Minutes September 13, 2000 Page 4 There was no one to speak at the public hearing, and the public hearing was declared closed. Mayor Pfiester declared the public hearing on the proposed calendar year 2000 City of Paris Tax Rate. Charles Taylor, 830 Paradise Drive, appeared before the City Council questioning the rate increase after going over the figures. Mr. Taylor said the tax valuation is $1,610,436,524.00 and last year it was $1,343,111,679.00. Mr. Taylor said last year's tax exempt property was $731,933,903.00 and it is dropping to $605,178,966.00 for this year and pointed out that there is a gain of about 17% for it. Mr. Taylor said the Appraisal District went up on everyone's property, but since the 1980's the tax valuation was $331,876,667.00 in the City of Paris and twenty year later is $1,610,436,424.00 and we have gone from the exempt of $27,418,773.00 to $605,178,966.00, and said he would like to know where this exempt status is, who is getting exempt. Gene Anderson, Director of Finance, came forward advising that exemption is made up of Veteran Disability Exemptions, Senior Citizens Exemptions, Agricultural Use, and also included in that is different tax abatements and other exemptions that are allow by state law. Mr. Taylor said what he was asking is, how much of that is actually tax exempt for the large companies. Mr. Taylor said the city need the companies to come, but soon or later, the city has to think of the citizens. He said since 1980 the city has grown by 3,000 people, somewhere the city has got to face reality with property values going up and you want an increase in taxes, and the city is giving it away. Mr. Taylor said he thought it was time to take a look at that instead of putting the burden on the people, let the big companies start paying their fair share. Skipper Steeley, 801 West Sherman Street, appeared before the City Council City Council Minutes September 13, 2000 Page 5 stating that in 1959 the citizens voted to continue the Paris Band and allow the Band.003 of every one hundred dollars of valuation, and up until 1986 the tax rate was considered the General Fund, the Interest and Sinking Fund and the Band. Mr. Steeley said in 1986 that was dropped without an election to determine if the citizens wanted to keep the Band as part of the tax rate, or part of the budget. Mr. Steeley said he was curious to know why that happened. Gene Anderson, Director of Finance, came forward stating that as far as he knows, there are no requirements too segregate monies in a separate fund for the Paris Band. Mr. Anderson said when he came to work for the City of Paris in 1985 it was already incorporated in the General Operating Fund. Mr. Anderson said that within the tax ordinance each year is a separate tax item showing how much of the General Fund rate is allocated or needed to fund the Paris Band. Mr. Anderson said the number is still there but it is being incorporated in the General Fund. Mr. Steeley said could not see how the Band can be taken out of the taxes and put it in the budget without having a vote by the citizens. Mr. Steeley explained that the reason they had the vote in 1959 was so that they could nail it down. Mr. Steeley said that the.003 would generate $30,000.00 for the Band at this time, but every year the budget has been way below what the .003 would generate. City Attorney Schenk said he has reviewed the election documents and looked at state statutes and you have to put that in the context of the time frame in which Municipal Bands are created. He said that the earlier statute goes back many years, and that qualified the ability of cities to have Municipal Bands, including home rule cities. City Attorney Schenk said this is not to do away with the Municipal Band, and he felt that was the proposition that was approved for the Municipal Band was that an entity that would be created and would be continue in terms of funding by the city, but the proposition was whether or not the city, as you said, could fund it up to 3 mils or may fund it with General Revenue Funds, and it to the amount it may be funded with. City City Council Minutes September 13, 2000 Page 6 Attorney said it authorized the City Council to fund the Municipal Band up to three mils, which is consistent with state law. The vote did not mandate nor did it decide how much funding the band is going to get. Mr. Steeley said that is not the impression that his father and many others had at that time. They felt that the city was the bookkeeper for that fund and the city could allow them to have up to.003 if they wanted it. No one else appeared, and the public hearing was declared closed. Mayor Pfiester declared the public hearing open to receive input from the citizens of Paris regarding local participation in the expenditure of funds under the Local Law Enforcement Block Grant awarded to the City of Paris. City Manager Malone informed the City Council that there are federal funds available and one of the requirements to receive those funds is to hold a public hearing as part of those process that has been setup. He said the city is making a joint application with Lamar County Government, and the city's share of funding would be $60,570.00 and the city's match would be $6,730.00 bring a total amount to $67,300.00. City Manager Malone said there is the same amount of Lamar County Government. City Manager Malone said the funds will be used for equipment to aid in fingerprint classification, overtime and several other item that this relates to. No one appeared, and the public hearing was declared closed. Mayor Pfiester called for consideration of and action on additional proposed amendments to the City Manager's proposed Budget for fiscal year 2000-2001 for the City of Paris. City Attorney Schenk advised the City Council that if there are other amendments to the budget that you would like to propose, this is the time to do City Council Minutes September 13, 2000 Page 7 that. City Attorney Schenk also advised that the next item is setting a public hearing to consider any additional amendments to the budget. He said that if the City Council did not have additional amendments, there will be no action on these two items. City Manager Malone said with regard to the public hearing that has been held tonight, there was a comment about tax abatements, and only one request for additional funding and that was from Charles Neeley and Skipper Steeley for funding for the Paris Band. City Manager Malone said in reading the information on the election that was held, it was clear that the city may expend up to .003. He said the Paris Band has not been removed from the budget and what he would propose to do in the near future is to expand the Band Commission to five members so that any two members that happened to have conversation would not be violation of the Open Meetings Act, and to ask the Band to have at least an annual meeting and to propose a budget and bring it forward into the budgeting process to the City Manager for submission to he City Council. City Manager Malone advised the City Council that the Municipal Band falls into two qualifications for funding through the V&CC. He said the hotel/motel taxes are to be expended for things that relate to the arts and things that affect tourism, and he felt that the Municipal Band can be promoted in both those areas. City Manager Malone said the city can ask the V&CC to fund more than $10,000.00 in the renegotiation of their new contract. City Manager Malone advised that we have a resolution that we will have a new contract with the V&CC, but what is in that contract, he thinks, will be determined by the City Council. Another alternative is if the Band Commission comes forward with proposals to spend money to promote the Band or proposals on what they wish to pay the director and members of the Band, if that is not an extreme increase, the city has the ability to over expend the fund and make it up at the final quarter of the year from unexpended funds from other sources until we get a handle on what the budget needs to be. City Manager Malone said another alternative would be to make a budget amendment, which is what this line is for. City Council Minutes September 13, 2000 Page 8 Charles Neeley came forward stating that the reason he was present was because both of the other members of the Paris Band were out of town. Mr. Neeley was concerned about the source of funding, but asked that the city not close the Band down. No action was taken on additional proposed amendments to the City Manager's proposed Budget for fiscal year 2000-2001 for the City of Paris. ORDINANCE NO. 2000-044 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001, 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 6 ayes, 0 nays. ORDINANCE NO. 2000-045 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING SECTION 2098 OF SAID CODE; PROVIDING FOR AN INCREASE IN EMERGENCY AND NON-EMERGENCY AMBULANCE SERVICE RATES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2000, WAS PRESENTED. City Council Minutes September 13, 2000 Page 9 A motion was made by Mayor Pro Tem Manning, seconded by Councilman Carter for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Resolution No. 2000-130, resolving that a meeting be, and the same is hereby, called for the 26th day of September, 2000, at 6:00 p. m., at the Red River Valley Fairgrounds in the Community Exhibit Building, 590 East Center Street, Paris, Texas, to vote on the tax rate, was presented. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Mayor Pfiester announced that the next item on the agenda is a resolution approving the City of Paris participation in the Denton v. TXU Utilities Company, et al., case relating to delinquent franchise fees. City Attorney Schenk advised the City Council that the city had been furnished information that summarizes the status of the particular litigation plus supplemental background material that has been forwarded to the City of Paris from the attorneys representing the City of Denton, and those materials are an expanded version of his agenda information sheet. City Attorney Schenk explained that the problem is, as summarized in the agenda information sheet, the City of Denton has had a utility audit performed on certain components of the franchise fee as they are paid by TXU. He also advised that there was a case that was decided in Houston involving three cities served by Houston Lighting and Power, and in that particular litigation those three cities received a jury award totaling approximately $34 million dollars, which included about $30 million dollars in punitive damages. City Attorney Schenk said there is information from Bucek & Frank, L.L.P. with regard to this matter and indicated that there are going to be differences between this litigation and that brought by HL&P. The two companies are not the same companies and their practices are not the same, but the approach or the way certain items are done, in the opinion of the consultant hired by the City of Denton, may reflect an under payment of franchise fees to cities who do receive service from TXU Electric and TXU Gas. City Attorney Schenk pointed out that HL&P litigation City Council Minutes September 13, 2000 Page 10 was one involving primarily an electric supplier. TXU is both electric and gas supplier, so there are potentially additional issues that were not addressed in the HL&P litigation that are also not addressed by the company with regard to potential claims about the franchise fees paid by TXU Gas. City Attorney Schenk noted in the company's material that there were components, according to the consultants hired by the City of Denton, that have a commonality between the TXU franchise fee practices and the HL&P franchise fee practices. City Attorney Schenk said he thinks that reasonable men an women differ as to who is right on that point and many times it takes a court of law to resolve that issue, and that may be where we are with regard to this. He said another situation to keep in mind is, beginning in the near future the city will not be paid a franchise fee on this same basis. City Attorney Schenk said he did look at the City of Denton's franchises, comparing the important language to the language in the City of Paris's franchises, and they are in a legal sense in his view indistinguishable. City Attorney Schenk advised that what you surmise and presume is that if the audit performed on the City of Denton's franchises was similarly performed on the City of Paris's franchises there would be a similar conclusion as to how the fees should have been paid. The City Attorney emphasized the fact that there is a risk to this, and the risk is primarily the City of Paris's share in cost of the litigation. It is litigation in a state court and not in administrative proceedings, so there will have to be a sharing of the attorney's fees in that litigation. City Attorney Schenk said they have asked for a total and maximum assessment of $1.00 per capita for each city participating, which is approximately $25,000.00, but only one-half now which would be $12,500.00. City Attorney Schenk said the reason he is bringing this to the City Council early is that amount could be paid from the current year budget, which would accommodate that amount and would not have an impact on our future year budget. City Attorney Schenk told the City Council that the City of Paris could withdraw from the litigation at any time they so desire, and that will be the end of it. City Attorney Schenk advised that if the city reaches a separate accommodation with TXU, and of course, there are going to be negotiations in the very near future regarding a new franchise, then as part of the process of resolving any differences over this issue the city would be out of City Council Minutes September 13, 2000 Page 11 the litigation. James Blanton, representing TUX Electric, came forward telling the City Council that he has another brief on the HL&P case as to how it compared to this litigation. Mr. Blanton pointed out that the language as far as the Paris franchise is similar to that of the Denton franchise, TXU still feels that they are paying the franchise as stated in the franchise. He said that one of the issues that Mr. Schenk brought up was that the City of Denton is also filing suit for the gas franchise fees, and one of those issues that came up in the Denton law suit, just to give you an idea of how franchises are different from city to city depending what you negotiated for, as these are contracts between TXU and the city, is that the City of Denton is stating that TXU is not paying franchise fees on transportation for gas into the city to large industrial customers for gas that was deregulated awhile back. Mr. Blanton said what the City of Denton is saying is TXU is not paying franchise fees on the transportation of gas to those industries. Mr. Blanton said it was not in the franchise to pay those fees, and advised the City Council that the City of Paris's franchise states that they will pay on the transported gas into the city limits of the City of Paris. He said another thing to keep in mind is when you are working on a franchise, the fees that are involved in the franchise are going to be paid by someone at some point in time. After a considerable amount of discussion, a motion was made by Councilman Plata, seconded by Councilman McCarthy, to table action on the resolution approving the City of Paris' participation in the Denton v. TXU Utilities Company, et al., case relating to delinquent franchise fees. The motion carried 6 ayes, 0 nays. Resolution No. 2000-131, authorizing the City Manager to purchase a 1990 model Ford F800 Dump Truck, VIN No. DXK84AOLVA11223, State General Services Commission inventoryNo. 03967E, for a purchase price of $8,600.00, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 City Council Minutes September 13, 2000 Page 12 ayes, 0 nays. Resolution No. 2000-132, authorizing the City Manager to purchase a 1990 model Ford F800 dump truck VIN No. DXK4A7LVA11204, State General Services Commission inventoryNo. 03964E, for a purchase price of $8,400.00, was presented. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 200-133, resolving that the Law Enforcement Block Grants Program Grant Award in the total amount of $60,570.00 requiring matching contribution of $6,730.00 be, and is hereby accepted, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2000-134, approving that pursuant to the provisions of Chapter 791 of the Texas Government Code the form of the Emergency Medical Services Interlocal Cooperation Contract for providing services to the area of Lamar County, State of Texas, outside the city limits of the City of Paris, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Bell, for approval of the resolution. The motion carried 6 ayes, 0 nays. There being no further business, a motion was made by Councilman Carter, seconded by Councilman McCarthy, to adjourn the meeting. MICHAEL J. PFIESTER, MAYOR ATTEST: City Council Minutes September 13, 2000 Page 13 MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2000 The City Council of the City of Paris, Paris, Texas, met in regular session, Thursday, September 7, 2000, 6:00 P. M.,Heritage Hall, 1009 West Kaufman Street, Paris, Texas. Mayor Michael J. Pfiester called the meeting to order with the following Council Members present: Joe E. McCarthy, Benny Plata, Richard Manning, and John A. Carter, Jr. Also present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham. City Manager Malone presented the minutes of the Planning and Zoning Commission meeting held September 5, 2000, and attached hereto as Exhibit A to these minutes. Mayor Pfiester declared the public hearing open to consider the petition of Mary Lester for a change in zoning from a One-Family Dwelling District No. 3 to a One-Family Dwelling District No. 3(SF-3) With Specific Use Permit (39) Mobile Homes on part of Lots 2 and 4, Block N, Dohoney-Fuller Addition, being number 1212 W. Campbell Street. Mayor Pfiester called for proponents to appear, and Mary Lester, 837 13th N. W., appeared in behalf of her petition. Ms. Lester told the City Council that she is requesting the zoning change on this property because her daughter would like to place a new manufactured home at this location. Ms. Lester presented a petition containing 24 signatures of citizens who do not object to the mobile home being placed on this lot. Ms. Lester presented photographs of the manufactured home that she proposed to place on this lot. Mesti Hamilton Lester, 837 13th N. W, appeared before the City Council, stating that this is where she planned to place a manufactured home. Ms. Lester said she was asking for this zoning change because she had been raised in the neighborhood and she purchased the lot with these plans in mind. Ms. Lester said there was an old house that had been burned. Ms. Lester said they cleaned the lot up and stated that the appearance is much better than what was there. Ms. Lester told the City Council that there is one house in between her City Council Meeting September 7, 2000 Page 2 lot and a mobile home and there are mobile homes on Campbell Street and Garrett Street. Ms. Lester presented photographs of the mobile homes. Ms. Lester asked for the City Council's consideration in this matter. Marilyn Smith, 844 14th N. W. Street, came forward speaking in favor of the placement of the mobile home. Ms. Smith said she lived in a mobile home for ten years and they have been greatly improved from that time. Mayor Pfiester called for opponents to appear, and Marcus Graves, 1120 W. Long Street, appeared before the City Council stating that he was born and raised in that house, and he cannot see placing a$2,000.00 structure next to a six digit structure, and it would not be done in any other part of the city, and wanted to know why are we trying to do it in West Paris. He said putting a mobile home in West Paris will just bring it down that much more. Mr. Graves said you could sit on his front porch and see the mobile home. Mr. Graves asked the City Council to consider this in making their decision. Mary Lester came forward stating that it was not true about Mr. Graves being able to see the mobile home from his front porch. Ms. Lester said she has lived live in that neighborhood for 32 years, and she has never seen Mr. Graves before this. Councilman McCarthy said he could attest that Mr. Graves has lived there all his life. Charlene Mulligan, 226 West. Washington, also appeared in opposition to the zoning change. Terry Pendergrass, 837 13th N. W. Street, appeared before the City Council in support ofthe mobile home being placed on this location. Mr. Pendergrass said they were not planning to live there forever, just long enough for Ms. Lester to get out of school and they will be moving out of the city. City Council Meeting September 7, 2000 Page 3 No one else appeared, and the public hearing was declared closed. Mayor Pfiester called for consideration of and action on an ordinance for a change in zoning from a One-Family Dwelling District No. 3(SF-3) to a One- Family Dwelling District No. 3(SF-3) With Specific Use Permit (39) Mobile Homes on part of Lots 2 and 4, Block N, Dohoney-Fuller Addition A motion was made by Councilman Plata for adoption of the ordinance. The motion died for lack of a second. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, to deny approval of the ordinance. The motion carried 4 ayes, 1 nay, Councilman Plata voting no. Mayor Pfiester declared the public hearing open to consider the petition of Dr. Thomas Charbeneau for a change in zoning from a Planned Development District-Housing Development (PD-b) to a Planned Development District - Office Center(PD-f) on Lot 10, City Block 311, being number 3420 Clarksville Street. Mayor Pfiester called for proponents to appear, and Dr. Thomas Charbeneau, 3065 Pride Circle, came forward telling the City Council that he wanted to move his office to this location which would add to the beautification of the area and possibly have office space for another professional. He asked that the City Council ratify the recommendation of the Planning and Zoning Commission. Mr. Doyle Whitaker, 3000 Margaret, was present speaking in favor of the zoning change and said it would not conflict with the area. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. City Council Meeting September 7, 2000 Page 4 ORDINANCE NO. 2000-042 AN ORDINANCE 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 PLANNED DEVELOPMENT DISTRICT - OFFICE CENTER (PD-f) ON LOT 10, CITY BLOCK 311, ON PROPERTY BELONGING TO GARY KAMMER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT (PD-b); DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT DISTRICT - OFFICE CENTER (PD-f) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AND EFFECTIVE DAY OF OCTOBER 1, 2000, WAS PRESENTED. A motion was made by Councilman Plata, seconded by Councilman Carter, for adoption of the ordinance. The motion carried 5 ayes, 0 nays. Mayor Pfiester declared the public hearing open to consider the petition of Carla Jackson for a change in zoning from a Two-Family Dwelling District (2F) to a Neighborhood Service District (NS) on Lot 7, City Block 63, being number 648 Tudor Street. Mayor Pfiester called for opponents to appear, and Carla Jackson, 1211 Martin Luther King Jr. Drive, appeared in support of her petition. Ms. Jackson said she has an existing barber shop next to this lot and would like the rezoning to build a larger barber shop. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. ORDINANCE NO. 2000-043 City Council Meeting September 7, 2000 Page 5 AN ORDINANCE 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 7, CITY BLOCK 63, ON PROPERTY BELONGING TO CARLA JACKSON, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO- FAMILY DWELLING DISTRICT (2-F); 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 OF OCTOBER 1, 2000, WAS PRESENTED. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Mayor Pfiester declared the public hearing open on the petition of American Homesites, LLC for a change in zoning from an Agricultural District (A) to a Planned Development District - Community Unit Development (PD-b), on Lot 3, City Block 328, being located in the 3800 Block of Loop 286 S. W. Mayor Pfiester called for proponents to appear, and Mr. Rod Wede, representing the American Homesites, LLC, came forward and advised the City Council that they were withdrawing their petition due to the amount of opposition that was received at the Planning and Zoning Commission's meeting. Mr. Wede said they would continue to research the City of Paris for another location. Mayor Pfiester declared the public hearing closed, and announced that no action was needed on the next agenda item, which was consideration of and action on the petition of the American Homesites, LLC. Mayor Pfiester declared the public hearing open to consider the petition of Nell City Council Meeting September 7, 2000 Page 6 Fleming for a change in zoning from a One-Family Dwelling District No. 2(SF- 2) to a One-Family Dwelling District No. 2(SF-2) with Specific Use Permit (25) Nursery or Daycare on Lot 3, Block A, Eastfield Addition, being number 525 32nd N. E. Street. Mayor Pfiester called for proponents to appear, and Nell Fleming 525 32nd N. E. Street, appeared in behalf of her petition. Ms. Fleming told the City Council that they had recently purchased their home on N. E. 32nd Street, and at that time did not for see any problems with keeping young children from the ages of 22 months to four year old in their home. Ms. Fleming said they became aware of the city ordinance when her husband went to the city and applied for a permit to enclose the garage in order to keep these children. She said they had talked with several neighbors across the street from them and one next door on the right hand side, and none of those neighbors had any opposition to her keeping children in the home. Ms. Fleming said after Tuesday nights' meeting, the petition that was sent to, or carried around to a lot of other neighbors had a lot of misconceptions in it. First, she said this would not be a nursery or day care center because the Texas Department of Protective and Regulatory Services define a day care center as having 12 or more children in a facility, not a home. A group day home is having fewer than 12 children within a home. Ms. Fleming said she understood that some of the neighbors were worried about the zoning being changed, but this pertains to her home only, and she said she had talked to a realtor and she did not feel there is a problem with the zoning change affecting the value of the property in the neighborhood. Ms. Fleming said the parking was addressed as being a problem, but there will be no parking or employees. She said there has been more than two cars, which is what a normal family owns, most of the time. Ms. Fleming explained that her son is leaving this weekend to return to bible college and will be taking one of the vehicles and another one is up for sale, which will only leave two vehicles. Ms. Fleming said the parents of the children she will be keeping only drop the children off and they are on the way to work, and it will be the same in the afternoon. Ms. Fleming said she could not see that eight people dropping children off would create a traffic problem as the times are staggered as to City Council Meeting September 7, 2000 Page 7 when the children are dropped off. Ms. Fleming said she is located within 2/10 of a mile for Aiken Elementary School and her street is within the school zone, which during the hours of 7:15 A. M. and 8:15 A.M. there is a 20 MPH school zone. Ms. Fleming said she is regulated by the State of Texas, she has her license, which is a requirement for a group day home, and they do monitor the homes regularly. Ms. Fleming said she had to get a fire and health inspection before she could consider opening her home up to children. Ms. Fleming said state law will not allow her to let the children run down the street. They are allowed certain times on the playground, which would be in her backyard, and she is within the limits regarding space, which is 80 square feet per child. Michael Topliff, County Road 44700, came forward speaking in behalf of Ms. Nell Fleming. He said that before tonight, he did not know Ms. Fleming, but he knew the children that she takes care of. Mr. Topliff said he had talked to a realtor regarding a group day home and he said it would not devalue the property, but would increase the value of the property because of the school being located so close to Ms. Fleming's home. Mr. Topliff said he called Aiken Elementary and talked to the secretary, and she told him that they have 1,065 students there, which approximately 400 are dropped off by the parents, and he could not see that eight additional vehicles are going to create any type of traffic hazard. Jerry Newberry, Route 2, Box 92, Paris, Texas, appeared before the City Council stating that he is in favor of what Mr. and Mrs. Fleming are wanting to do. Mr. Newberry told the City Council that he and his wife are looking at sending their daughter to this home for care. Mr. Newberry urged the City Council to vote in favor of Ms. Fleming. Brandon Fleming, 640 Margaret Street, appeared before the City Council speaking in favor of the petitioner and presented a visual of the houses that were in favor of the day care and explained that the houses in purple have all said their driveways could be used for parents to back out and go back to Pine Mill Rd. He said the houses in red are the ones that spoke against the zoning City Council Meeting September 7, 2000 Page 8 change, and as they could see, the cars will not be going that direction. Chad Fleming, 545 32nd N. E., came forward presenting the City Council with pictures of their home with two vehicles in the driveway, and their garage has been closed in and they could not park in there per a statement made at the Planning and Zoning Commission's meeting. Mr. Fleming said he looked at that persons' home who made that statement and their garage was closed with two cars parked in the driveway just like his mother and dad's. Mr. Fleming asked that the Council approve the rezoning request. City Manager Malone advised the City Council that the city had received a call from Michele Richardson, 815 32nd N. E. Street, and she stated she was unable to attend the meeting and wanted to support Ms. Fleming's petition for a day care located in her home. City Manager Malone said it was Ms. Richardson's opinion that it would not increase traffic in this area and it would not devalue the property in the neighborhood. Lee Ann Sartor, 182 Preston Drive, came forward stating she was here in support of Ms. Fleming's petition, and stated that Ms. Fleming keeps her children. Ms. Sartor said these people moved into this neighborhood in good faith, they were going to keep eight children in their home. Ms. Sartor she was in favor of the rezoning petition. Debra McCane, 324 N. E. 28th Street, Ms. McCane said she lives approximately six blocks from the location in question. Ms. McCane said she is a full-time student and her husband drives Pine Mill Road everyday and this would not affect the traffic flow. Ms. McCane said if she loses her daycare she will have to quit school. She pointed out that you can not find good day care in Paris. Ms. McCane said could not see what the problem is. Windy Fleming, 640 Margaret Street, appeared before the City Council stating that Nell Fleming is her mother-in-law and she keeps her daughter in her home and she was appearing in support of the zoning change. City Council Meeting September 7, 2000 Page 9 Tammy Daniel, FM Road 1504, came forward telling the City Council that Nell Fleming has been keeping her children for five years and urged the City Council to pass this zoning change. James Hansen, 610 32nd N. E., Mr. Hansen said he lives across from where Ms. Fleming is putting in her day care. Mr. Hansen said he has lived there since 1978 and had seen a lot of changes in this area. Mr. Hansen said he was in favor of the day care that she is putting in and hoped the City Council would approved the zoning change. Lynn English, 525 Madewell Road, appeared before the City Council in support of the zoning change. Mr. English said his daughter currently attends Ms. Fleming's day care. Mr. English said he has known Ms. Fleming for over eightyears. Mr. English said regarding the traffic, that not only on school days, but on Saturday, he has gone through that neighborhood several time to garage sales and sometimes you can not get down most of those streets because there are eight to ten cars in the driveways and in the streets. Mr. English said there is not a parking or traffic problem at Ms. Fleming's location. Rhonda Newberry, Route 2, Box 92, Christy Vaughan, Vickie Proctor, 2220 Jackson, and Judy Smith, Clardy, Texas all appeared in support of Ms. Fleming's rezoning petition. Jeanette Bender, 615 32nd N. E., appeared before the City Council in opposition to this zoning change. Ms. Bender stated her main concern is the property value. She felt that a daycare home would devalue the property in the area. Ms. Bender said this would also cause other changes such as the additional traffic and parking. Ms. Bender said there has been a petition filed with the city containing signatures of 33 residents on 32nd and 33rd N. E. objecting to the zoning change, and it appears that the majority of the people speaking for Ms. Fleming do not live in this neighborhood and would not be effected by this change. City Council Meeting September 7, 2000 Page 10 On a question by Councilman Carter regarding the Specific Use, City Attorney Schenk explained that is a Specific Use and any other use would have to be reviewed by the City Council unless it is a use permitted as a matter of right in the zoned area. Ella Sugg, 625 32nd N. E., came forward stating that she is definitely against a daycare or nursery at 525 32nd N. E. Street. Ms. Sugg said public safety is a serious concern and it can not be overlooked. Ms. Sugg also pointed out that the additional traffic would create a safety hazard. Tony Ballard, 710 32nd Street N. E., appeared before the City Council stating that he was not in favor of the zoning change to establish a daycare facility in his neighborhood, and discussed the traffic and safety factor. Desiree Ballard, 710 32nd Street N. E., also appeared in opposition to the zoning change. Ms. Ballard said they had just purchased the house at 710 32na N. E., which is a nice residential area and they plan to live there for a long time. Ms. Ballard said she was very much against this zoning change that will allow a daycare facility into the neighborhood. Ms. Ballard said she could see many problems and one is traffic as there is not much driveway space and parents and employees would have to park on the street when dropping off children ,causing congestion in the area. Ms. Ballard said she has experienced traffic jams when taking her children to a daycare center and to schooL Ms. Ballard said her feelings are that the streets cannot handle the traffic, and by having to use other residents driveways, that is saying that their driveway and house are not large enough deal with the facility that they are asking for. Sherman Newberry, Route 2, Box 92, came forward stating that Councilman Carter addressed something when he asked if there were any specific rules or regulations opposing a group daycare, not a daycare facility. He asked if she has to have a specific use permit to do that, or does she have to have a specific use permit for a business. City Council Meeting September 7, 2000 Page 11 City Attorney Schenk responded by saying that she has to have a specific use permit for this particular use, for the facility that is in question. Sandra Vanderburg, 620 N. E. 32nd Street, spoke against the zoning of their neighborhood. Ms. Vanderburg told the City Council that she has lived at this location for 21 years and she has raised all of her children there, and she respectfully requested that the City Council vote to keep this neighborhood as it is. Virginia Crawford, 630 N. E. 32nd Street, was present stating that she find it interesting that all of these people are coming in as far as Blossom speaking in favor of this zoning change. Ms. Crawford said this is not about character, friendship or church, it is about protecting what they have invested in their homes on 32nd Street. Ms. Crawford said they have worked hard to buy their homes and they did not want to see it turned into a place that is commercial instead of residential. She said if the City Council could spot zone this for a daycare, it is opening the door for others to come into the neighborhood. Mrs. R. L. Clark, 435 N. E. 33rd Street, appeared before the City Council stating that she is for Ms. Fleming having her group day home in her house. Lois Dickey, 1070 S. E. 34th Street, came forward stating that she has had a registered family home in the past, and that you do have to go through the Texas Department of Protective Services in order to receive a license. Ms. Dickey said in a registered family home, you can have six children, and in a group family home you cannot have more than 12 children. Ms. Dickey pointed out that the state comes out and measures the yard and house and they tell you if it is large enough, and Ms. Fleming has passed that. No one else appeared, and Mayor Pfiester closed the public hearing. Mayor Pfiester called for consideration of and action on the petition of Nell Fleming for a change in zoning from a One-Family Dwelling District No. 2(SF- City Council Meeting September 7, 2000 Page 12 2) to a One-Family Dwelling District No. 2(SF-2) With Specific Use Permit (25) Nursery or Daycare on Lot 3, Block A, Eastfield Addition. After a considerable amount of discussion, a motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, to deny the petition ofNell Fleming for a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a One-Family Dwelling District No. 2(SF-2) With Specific Use Permit (25) Nursery or Daycare on Lot 3, Block A, Eastfield Addition. The motion carried 3 ayes, 2 nays, Councilman Plata, and Councilman Carter voting no. Mayor Pfiester called for consideration of and action on recommendation of the Replat of Lots 3, 4, and 28A, City Block 222-A, being number 2143 Lamar Ave. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Plata, for approval of the Replat . The motion carried 5 ayes, 0 nays. Mayor Pfiester asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone advised the City Council that they had been furnished a copy of the minutes of the Paris Public Library Advisory Board, Paris Economic Development Corporation, Paris Main Street Advisory Board, and the City Council Drainage Study Committee with no action being required. City Manager Malone presented bids for furnishing and delivery of Liquid Chlorine for use at the Water Treatment Plant, and the following bids were presented: Delta Distributors Harcros Chemicals Altivia DPC Industries $301.00 per ton $323.00 " " $365.00 " " $429.00 " " City Council Meeting September 7, 2000 Page 13 A motion was made by Councilman Plata, seconded by Councilman Carter, to award the bids to Delta Distributors in the amount of $301.00 per ton. The motion carried 5 ayes, o nays. City Manager Malone presented bids for furnishing and delivery of Powdered Activated Carbon for use at the Water Treatment Plant, and the following bids were presented: NORIT Americas Inc. SW Chemical Services Altivia $0.4000 per pound $0.4475 per pound $0.4850 per pound A motion was made by Councilman Plata, seconded by Councilman Carter, to award the bids to NORIT Americas Inc. in the amount of $0.4000 per pound. The motion carried 5 ayes, o nays. City Manager Malone presented bids for furnishing and delivery of Liquid Anhydrous Ammonia for use at the Water Treatment Plant, and the following bids were presented: BBB Fertilizer Company $478.99 per ton DPC Industries $479.00 per ton Tanner Industries, Inc. $640.00 per ton A motion was made by Councilman Plata, seconded by Councilman Carter, to award the bids to BBB Fertilizer Company in the amount of $478.99 per ton. The motion carried 5 ayes, o nays. City Manager Malone presented bids for furnishing and delivery of Hydrated Lime for use at the Water Treatment Plant, and the following bids were presented: City Council Meeting September 7, 2000 Page 14 Texas Lime Company Austin White Lime Texas Lime Company Austin White Lime $111.16 (Bagged) $114. 80 (Bagged) $ 84.90 (Bulk) $ 94.04 (Bulk) A motion was made by Councilman Plata, seconded by Councilman Carter, to award the bids to Texas Lime Company for both bagged and bulk delivery in the amount of $111.16 bagged and $ 84.90 for bulk delivery. The motion carried 5 ayes, o nays. City Manager Malone presented bids for furnishing and delivery of Liquid Alum for use at the Water Treatment Plant, and the following bids were presented: General Chemical GEO Specialty Chemicals $107. 85 per ton $200.19 per ton A motion was made by Councilman Plata, seconded by Councilman Carter, to award the bids to General Chemical in the amount of $107. 85 per ton. The motion carried 5 ayes, o nays. City Manager Malone presented bids for furnishing and delivery of Potassium Permanganate for use at the Water Treatment Plant, and the following bids were presented: HCI Advance Chemical $1.255 Carus Chemical Company $1.268 Harcros Chemicals $1.330 Delta Distributors, Inc. $1.380 A motion was made by Councilman Plata, seconded by Councilman Carter, to award the bids to Carus Chemical Company in the amount of $1.268 per lb. The motion carried 5 ayes, o nays. City Council Meeting September 7, 2000 Page 15 City Manager Malone presented bids for furnishing and delivery of Sodium Hydroxide for use at the Water Treatment Plant, and the following bids were presented: Delta Distributors Altivia DPC Industries Harcros Chemicals HCI Advance Chemicals $285.00 per ton $290.82 per ton $300.00 per ton $305.00 per ton $305.00 per ton A motion was made by Councilman Plata, seconded by Councilman Carter, to award the bids to Delta Distributors in the amount of $285.00 per ton. The motion carried 5 ayes, o nays. City Manager Malone presented bids for furnishing and delivery of Fluosilicic Acid for use at the Water Treatment Plant, and only one bid had been received, that being from Harcros Chemicals in the amount of $3.39 per gallon. A motion was made by Councilman Plata, seconded by Councilman Carter, to award the bids to Harcros Chemicals in the amount of $3.39 per gallon. The motion carried 5 ayes, o nays. City Manager Malone presented bids for furnishing and delivery of Liquid Sulfur Dioxide for use at the Wastewater Treatment Plant, and the following bids were presented: Delta Distributors Harcros Chemicals DPC Industries, Inc. $520.00 per ton $539.00 per ton $585.00 per ton A motion was made by Councilman Plata, seconded by Councilman Carter, to award the bids to Delta Distributors in the amount of $520.00 per ton. The motion carried 5 ayes, o nays. City Council Meeting September 7, 2000 Page 16 City Manager Malone presented bids for furnishing and delivery of Polyacrylamide for use at the Wastewater Treatment Plant, and only one bid had been received that being from Fort Bend Service in the amount of $0.99 per pound. A motion was made by Councilman Plata, seconded by Councilman Carter, to award the bids to Fort Bend Service in the amount of $0.99 per pound. The motion carried 5 ayes, o nays. Resolution No. 2000-127, approving the lease agreement between the City of Paris and Archers for Christ for a portion of Lake Crook property, for a period of one (1) year, beginning October 1, 2000, and ending September 30, 2001, was presented. City Attorney Schenk pointed out that there is a current lease with this organization for the use of the property at Lake Crook, and advised the City Council that there is an on going study on the use of Lake Crook, and the city did not want to interrupt the Archer's very worthwhile program before the city receives the results of the study. City Attorney Schenk advised the City Council that a proposed one year extension of their existing contract is being presented. Steve Pearson and Mark Rothfuss came forward, passed out a copy of the Archers for Christ Master Plan for Community Involvement & Support, Regional Preeminence & Recognition, Membership Growth, Range Development, and Land Stewardship & Animal Husbandry, which they hoped to integrate with the City's Master Plan for the development of Lake Crook. They also passed out a copy of their Mission Statement and a draft copy of their Bylaws. Mr. Pearson said he hoped when the City Council gets a chance to read those, they will see that the Archers for Christ have been good stewards for this property and they have been a very viable asset to the community and that their Master Plan call for them to have more community involvement in sports and to strive to achieve more recognition for archery in North Texas and City Council Meeting September 7, 2000 Page 17 Southern Oklahoma area. Mark Rothfuss, 2810 Willow Bend, said he has been a member of Archers for Christ for ten years and this group of people works very hard to keep away people that do not live up to the rules of conduct that this club sets. Mr. Rothfuss said he was requesting that the City Council extend the contract for three years. After discussion, a motion was made by McCarthy, seconded by Councilman Carter, for approval of the resolution. The motion carried 5 ayes, 0 nays. Resolution No. 2000-128, declaring as surplus certain personal property of the City of Paris and revising the list of personal property previously declared as surplus and shall replace Exhibit A to the Auctioneer Service Agreement with Reggie McDowra Auctioneer Service as the list of surplus property to be auctioned on September 23, 2000, at the Fairground Coliseum Building in Paris, Texas, was presented. A motion was Councilman McCarthy, seconded by Councilman Carter, for approval of the resolution. The motion carried 5 ayes, 0 nays. Resolution No. 2000-129, resolving that the Owner Occupied Assistance Fund Grant in the total amount of $390,000.00 be, and the same is hereby, accepted to carry out the rehabilitation of owner-occupied substandard single family housing units within the city limits of the City of Paris, that the City of Paris does hereby commit to provide $47,000.00 in matching funds drawn from the General Fund of the City of Paris, and that the Mayor of the City of Paris is hereby authorized and directed to execute on behalf of the City of Paris the Texas Department of Housing and Community Affairs Home Program Owner Occupied Assistance ContractNo. 530395, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Carter, for approval of the resolution. The motion carried 5 ayes, 0 nays. City Attorney Schenk presented the following petition for rezoning: Bob City Council Meeting September 7, 2000 Page 18 McCarley, Lot 2-, Block A, Windsor Estates Addition, from a One Family Dwelling No. 3(SF-3) to a Light Industrial District; Monte Moore, Lot 8, City Block 318, 3300 Block of Center Street, from Agricultural District to a Two Family Dwelling District. Mayor Pfiester referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting scheduled for October 2, 2000, and before the City Council October 5, 2000. There being no further business, a motion was made by Councilman McCarthy, seconded by Councilman Carter, to adjourn the meeting. The motion carried 5 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE SPECIAL BUDGET WORK SESSION OF THE CITY COUNCIL AUGUST 30, 2000 The City Council of the City of Paris, Paris, Texas, met in special session, Wednesday, August 30, 2000, 5:30 P. M., Paris Junior College, Alford Center, Room 106, 2400 Clarksville Street, Paris, Texas. Mayor Michael J. Pfiester called the meeting to order with the following Council Members Present: John F. Bell, Richard Manning, Joe E. McCarthy, Benny Plata, and John H. Carter. Also present were City Manager Michael E. Malone, City Attorney Larry Schenk, and Assistant City Clerk Tommy Haynes. Mayor Pfiester announced that the workshop would continue where they left off in the last meeting with Kent Klinkerman, Assistant Chief of EMS. City Manager Malone reminded the group of what they had covered last time, with EMS requesting an additional emergency crew per shift to handle increased emergency call load, up to five people, and they plan to move one person over from the transfer crew. The possible need for an additional billing clerk was identified, but was not included in the budget, with the idea that it might be added later. Additional certification pay was requested as well as a change in the overtime schedule. The personnel line items have increased because of the addition of the five crew members as requested, and the extra $12,000.00 in overtime, with all other pay adjustments and classifications issues and certification issues depending receipt of the salary and wage study. Other increases in line items were minimal, until the maintenance agreement, which has increased to $11,000.00 and includes soft-ware maintenance and stretcher maintenance. There would also be an increase in equipment for the extra ambulance. There would be purchasing of two new ambulances with a trade in on one and would total $170, 000.00 together. Mr. Klinkerman had been before Lamar County Commissioner's Court to discuss their part in the budget changes for the EMS Service and was prepared to answer anyone's questions. Special Budget Wark Session - City Council August 30, 2000 Page 2 Mayor Pfiester asked about the overtime schedule and how much the proposed change would cost. Finance Director Gene Anderson stated that they were working on that. He knew it would be more than $8,800.00. He was reviewing the information that Mr. Klinkerman had given him on the pay cycle but was not finished with the review at present. It could be as much as $40,000.00, but Mr. Anderson felt it would be somewhere between the $8,800.00 and $40,000.00 figures. To figure this, Mr. Anderson said that every type of pay had to be refigured, not just the overtime to see what kind of off-set there was. City Manager Malone advised that funds in the contingency account would be adequate to cover the cost of implementing the salary and wage study. He said that would be approximately 4%, and assuming that everybody is classified correctly and that the cost of living was 3%, there would be 1% extra in the contingency fund to cover adjustment for reclassifications as recommended in the study based on market data. Mayor Pfiester asked if there was a possibility if the overtime reschedule was approved there could be a corresponding decrease in Mr. Klinkerman's budget to not increase the total budget. Mr. Klinkerman related that it depended on how much the increase was. Gene Anderson, Director of Finance, advised that the reason they are allowed to use a 28 day cycle has to do with a lot of people and what they are doing during this 24 hour cycle. Mr. Anderson advised that sometimes they are working and sometimes they are asleep, because they are allowed to sleep, but they are on calL Mayor Pfiester said the only thing that he has a problem with that if a person misses a day because he is sick, then his pay is going to be affected. Mr. Anderson advised that is true with any city employee who misses a day's work, that affects everybody's overtime. Mayor Pfiester pointed out that the person who works a 24 hour shift will Special Budget Wark Session - City Council August 30, 2000 Page 3 lose $60.00 because he gets time and half. Mr. Anderson said the 24/48 is common practice, and advised this needs additional study. The consensus of the City Council was to see if this could be worked out, and to include the Fire Department's employees, as they are paid overtime on the same basis as the EMS employees. Mr. Klinkerman advised the City Council that he did appear before the Commissioner's Court presenting the EMS budget and explained to them that it was felt that the extra ambulance was a necessity. Mr. Klinkerman pointed out that their bottom line of their budget increase by $400,000.00, but at the same time, if the Council would look at page 169 of the budget, they will see that the 1999-2000 budget bottom line was $1,320,000.00, and the projected revenue for this fiscal year was $1,338,000.00. He said that the direct cost to the EMS has been paid for by revenues. Mr. Klinkerman said next year their grant total goes to $1,721,000.00, and the projected revenue is $1,550,000.00. City Manager Malone went over the budget for Cox Field Airport pointing out that there are no changes in personnel. He said under the personnel line items there is a full time Airport Manager, one part time maintenance person who assist with mowing, 30% of the Project Coordinator position, and 10% of the City Manager's Secretary position. City Manager Malone said there were increases and reductions throughout the budget that are small. There was a request for $75,000.00 worth of T- Hangars to be constructed and to be rented out to pay the cost over a period of time. City Manager Malone said he cut that amount out of the capital outlay along with $2,500.00 for small improvements, $2,500.00 for furniture for the terminal and he cut that by $1,000.00, and cut $800.00 that was budgeted for small equipment. City Manager Malone said the communication system line item was reduced from the current year by Special Budget Wark Session - City Council August 30, 2000 Page 4 $1,600.00 to zero. City Manager Malone suggested that at a future date, if the Council was interested in building additional T- hangers at Cox Field, the project could be funded from the certificates of obligation previously issued or Council could look at some other funding alternative. City Manager Malone said the Municipal Band is a tradition in the City of Paris and performs concerts for the public during the summer months. City Manager Malone said that in 1959 the future of the Municipal Band was in doubt and it was one of the items that the City Council considered cutting from their budget. The issue was put to the voters at that time to determine whether the City of Paris should continue to levy an ad valorem tax or not in excess of three mils on each One Hundred Dollars valuation for the purpose of maintaining the Municipal Band. City Manager Malone said the outcome of the election was favorable for continuing to fund the Municipal Band, and it is clear to him that the City Council can choose to fund the Municipal Band with any amount of ad valorem taxes up to 3 mils, but he does not believe that the City Council is required to fund the Municipal Band with ad valorem taxes. City Manager Malone said he was proposing to cut the funding for the Municipal Band from the present level of $17,820.00 to $10,000.00, and he proposed that in the rewriting of the new contract with the Lamar County Chamber of Commerce Visitors and Convention Council that the city contractually obligate the V&CC to fund the Municipal Band. City Manager Malone said it is likely that few people would visit the city and rent a motel room for the specific purpose of enjoying a band concert in the summer, but that the V&CC works to attract visitors for the weekend to various events and the Municipal Band certainly contributes to the events and amenities that we have to offer as a city. He felt that the Band Commission can be utilized in the future to prepare a budget for presentation to the City Manager and the V&CC, as Special Budget Wark Session - City Council August 30, 2000 Page 5 well as the City Council. City Manager Malone said the city revenue accounts have been adjusted to show a$10,000.00 revenue from the V&CC. City Manager Malone handed out notes pertaining to the Paris Public Library's budget along with a memorandum from Ms. Lewis with some of her concerns about items that he has cut from this budget. City Manager Malone pointed out that there have been a number of reductions in the previous year and there are a number of items where the request has been cut. City Manager Malone said Library Director Beverly Lewis has made some personnel requests which he has not placed in the budget, such as adding 8 hours a week to a Clerk I position to make a full time position for Technical Processing, adding 10 hours a week to a Clerk I- Public/Technical Processing to make a full time position, reclassifying a Clerk II to Paraprofessional - Cataloging, and adding an additional Clerk I for the Children's Library. He said the reclassifications will be considered after receipt of the salary and wage study. Steps due will be given and adjustments will be considered after receipt of the study. City Manager Malone went to the capital outlay portion of the Library budget. He said the request under Furniture and Fixtures has been reduced from $3,500.00 to $2,000.00 for shelves and reading chairs. Under Machinery, Tools, Equipment, the requested $8,000.00 is for a new security system for inventory control, and under the line item Books, the requested amount of $176,500.00 was reduced to $155,000.00, which is slightly under the appropriation in the fiscal year previous to this. On a question by Councilman Plata, Terry Townsend, Director of Public Works, came forwarding discussing equipment that has been requested for the Parks - Right-of-Ways Division. Mr. Townsend pointed out that the Special Budget Wark Session - City Council August 30, 2000 Page 6 City of Paris has taken over Dragon Park, the 25 acres that was donated by Mr. Brannon, Heritage Park and Lake Crook Park and they are currently mowing all of those parks, so the additional equipment is needed. Mr. Townsend also advised that they are replacing some of the equipment such as the boom mower. Herb Campbell, Director of Utilities, came forward and discussed the Water Treatment Plant's proposed budget. Mr. Campbell said the budget for this department is going to be up by 2.46% and the Lift Station Division is going to be up 1.34% and this is before any adjustments are made for salary and wages. Mr. Campbell asked the Council to give the cost of living raise because he wanted to keep a properly trained staff. Mr. Campbell advised that a large amount had been cut from his departments. City Manager Malone gave a copy ofthe capital line items for his three departments and the X's are the things that have been cut. City Manager Malone and Mr. Campbell discussed these cuts with the City Council. Gene Anderson, Director of Finance, was present and discussed the water supply at Pat Mayse Lake and the increments that the lake is divided into and the method of payment to the Corp of Engineers, that the City only pays for the increments used. Mr. Anderson said he anticipated with the coming on of Lamar Power Plant that there will be additional fees and costs included in the O&M as well as the payment for each increment that is taken at the lake. Mr. Campbell discussed the need for larger pumps at Pat Mayse Lake plus additional overhead storage, which is being studied. Mr. Campbell said that the Wastewater Treatment Plant's budget is up a little and the main reason is the replacement of recirculation pumps. Mr. Campbell said the Lift Station is going to be up in operating expense by about 2.5%, but they will also be operating two additional lift stations. The next budget discussed was the Warehouse. City Manager Malone advised the City Council that there is a request for reclassification of the Warehouse Supervisor, and that normal steps given and any adjustments or reclassification issues to be considered after receipt of the salary and wage study. He said the Special Budget Wark Session - City Council August 30, 2000 Page 7 communications has been increased from $1,500.00 to $1,650.00, and insurance and bonds were decreased from $2,300.00 to $1,500.00. City Manager Malone said under machinery, tools, and equipment, there is a request for two personal computers in the amount of $4,400.00 and one PC printer for $1,500.00. Mr. Anderson discussed the need for the two personal computers. City Manager Malone advised that the next department is the Water and Sewer Billing & Collecting. He said there are no changes in personnel, but there is a request for reclassification of the Water Office Manager to a Grade 24, that will also will be subject to the salary and wage study and other adjustments will be considered after receipt of the salary and wage study. City Manager Malone said office supplies increased from $22,600.00 to $24,000.00; wearing apparel, gasoline, and batteries are up by a small amount. City Manager Malone pointed out that under the capital expenditures there is a desk, seven chairs for the lobby in the requested amount of $3,000.00., and under machinery, tools, and equipment there is $38,845.00 for the purchase of an alarm system upgrade, a high speed printer, two personal computers, one insert machine, one combination TV/VCR, one water fountain, and one check endorser. Mr. Anderson came forward and discussed the security system with the City Council, and discussed the cost of $30,000.00 for a consultant. City Manager Malone said there were no changes in the Water Distribution Division of Public Works for personnel line items at this time and any adjustment or change will made after the wage and salary study. He said there are no significant changes in the general expenditures. City Manager Malone and Terry Townsend, Director of Public Works discussed the replacement of sewer mains with the City Council along with a gasoline vs. diesel engine in the requested 3/4 ton truck. City Manager Malone said that there have been no alternations in the Health Department's budget, which is not a department of the city, but there is a projection of approximately $70,000.00 in the red, and that has been budgeted in the a line item in the City Council's budget as an expenditure to help fund Special Budget Wark Session - City Council August 30, 2000 Page 8 the Health Department. City Manager Malone said there were no changes in personnel in the Sewer Maintenance Division of Public Works. City Manager Malone said there were no significant changes in the general expenditures in this department. He said in the capital outlay sewer mains have been raised $10,000.00 for replacement of small sewer mains that the department is going to do in 1000 Block of 6th S. E. Street from Cedar to Jackson - 800 feet of 6 inch sewer main, and the 900 Block of East Oak Street - 500 feet of 6 inch sewer main, and the 800 Block of West Shiloh Street to Campbell - 8700 feet of 8 inch sewer main, and on Dixon Avenue, 9th N. W. to 1 lth N. W. - 1,000 feet of 6 inch sewer main. City Manager Malone said there is $2,000.00 for a new power saw. Mayor Pfiester called for consideration and possible action on amendments to the 2000-2001 budget. City Attorney Schenk advised the City Council, suggesting they try to keep their processes to a minimum with regard to the total number of ineetings that they have to have. City Attorney Schenk said they have a window on amendments that would allow the City to post notice, and the Paris News is going accommodate the City for an item in Sunday's paper to post the amendment part of the total public hearing process for the same day, which is the 13th day of September. He said to do that, there is a draft resolution to read which sets the public hearing on the 13th of September to follow the main public hearings, but the point is, there is a need to have some idea of what the total number of amendments are that the City Council would like to see put in that notice for the purposes of that public hearing. City Attorney Schenk said there are two amendments, one is $10,000.00 to support the Children's Advocacy Center, and one for $5,000.00 to support NETCADA. The City Manager advised that with regard to the storage building for the Fire Department, there is time to look at it later and if there is a need for the building, it can be paid for out of the CO's. Special Budget Wark Session - City Council August 30, 2000 Page 9 After discussion, a motion was made by Councilman Carter, seconded by Councilman Bell, to approve the request of Karl Louis, Police Chief, to cut the over time of the Police Department's budget by $40,000.00, and increase the personnel cost by $40,000.00. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Bell, seconded by Councilman Carter, to include the $10,000.00 in support of the Children's Advocacy Center, and $5,000.00 to support NETCADA in the budget for year 2000-2001. The motion carried 6 ayes, 0 nays. Resolution No. 2000-126, calling a public hearing for the 13th day of September, 2000, at 6:00 P. M. at the Red River Valley Fairgrounds in Building B, 1750 6th N. E., for the purpose of hearing written and oral comments from the citizens of the City of Paris concerning proposed amendments to the City Manager's proposed annual budget for fiscal year beginning October 1, 2000, and ending September 30, 2001, was presented. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 6 ayes, 0 nays. A motion was made by Councilman McCarthy, seconded by Councilman Carter, that the work sessions scheduled for August 31, 2000, and September 1, 2000 be cancelled. The motion carried 6 ayes, 0 nays. There being no further business, a motion was made by Councilman McCarthy, seconded by Councilman Bell, to adjourn the meeting. MICHAEL J. PFIESTER, MAYOR ATTEST: Special Budget Wark Session - City Council August 30, 2000 Page 10 MATTIE CUNNINGHAM CITY CLERK MINUTES OF THE SPECIAL BUDGET WORK SESSION OF THE CITY COUNCIL AUGUST 29, 2000 The City Council of the City of Paris, Paris, Texas, met in special session, Tuesday, August 29, 2000, 5:30 P. M., Paris Junior College, Alford Center, Room 106, 2400 Clarksville Street, Paris, Texas. Mayor Michael J. Pfiester called the meeting to order with the following Council Members Present: Richard Manning, John F. Bell, Kevin Gray, Benny Plata, Joe E McCarthy, and John H. Carter. Also present were City Manager Michael E. Malone, City Attorney Larry Schenk, and City Clerk Mattie Cunningham. Mayor Pfiester called for consideration of the proposed 2000-2001 budget and accompanying tax rate for the City of Paris. City Manager Malone said Police Chief Karl Louis has informed him that they reviewed the proposed 3/4 ton pickup in the budget, and that the % ton pickup will be adequate for the Animal Control Division. City Manager Malone advised that he and City Attorney Schenk were involved in meetings all day today and did not get a chance to move the item around regarding keeping the two police officers and he proposed that this be discussed on one of the following nights. City Manager Malone said that in the Engineering Department, there are no requests for additional personnel and he said he was concerned about the time that Earl Smith has to spend doing planning and zoning type matters and administering that function. City Manager Malone said that several years ago those two departments were combined and the position of Community Development Director was eliminated. Noting that he has not placed anything in the budget at this time, he informed Council that he might consider adding a professional planner to this department and separating those duties again at some point in time. City Manager Malone said there are a few increases in postage, gasoline, and electricity. There is a reduction in the amount budgeted for judgments and damages. He said there is a request for machinery, tools, and equipment in the amount of $26,800.00 under the capital line items which Special Budget Wark Session August 29, 2000 Page 2 included a computer proj ector and 4 PC workstations, reel and push cable for the CCTV sewer camera. City Manager Malone said the camera has been purchased or is going to be purchase in the present budget. City Manager Malone said they had requested $20,000.00 for a workstation and he reduced that to $9,000.00 and said the $1,800.00 can be cut out of the budget for the sewer camera or leave it in the budget and it can go towards the workstations. City Manager Malone said there was a request of $24,000.00 for a new vehicle and he had cut that from the budget. City Manager Malone discussed Tommy Haynes's position and his responsibilities along with the possibility of a Community Development Director handling that position and the position of Public Relations Director. City Manager Malone also discussed the public relations being developed by the Library Director and the Director of Public Works is also working in this area. Maria Pope is also working on information that will go on the internet. After discussing the fees that are collected by the Engineering Department, it was the consensus of the City Council to increase the inspection fees. The next proposed budget presented was for the administrative division of the Department of Public Works. City Manager Malone said no requests were made for additional personnel or reclassification and step raises are due. Adjustments are to be made pending the wage and salary study. City Manager Malone advised that there is an increase in postage, decrease in mechanical to zero, increase in photographic supplies from $50.00 to $500.00, which will include taking more pictures for a new brochures and for illustration to the City Council. He said communications has been increased from $3,000.00 to $4,000.00. The miscellaneous account has been reduced to zero, and associations increased from zero to $300.00. City Manager Malone said training - tuition, etc. was increased from $100.00 to $1,000.00 to cover cost of seminars and training opportunities, and promotional activity increased from zero to $2,000.00. City Manager Malone said the medical expenses have been added to cover medical expenses such as the potential cost of a physical, and Special Budget Wark Session August 29, 2000 Page 3 drug test. City Manager Malone presented the proposed budget for the Parks & Recreation Division. He said under personnel, the position of Director of Parks and Recreation was eliminated and this department was made a division of the Public Works Department when Mr. Townsend was promoted to Director of Public Works. City Manager Malone said there has been some reorganization of personnel assigned to the Parks Division and the Streets and Highways Division, and directed Council attention to page 141 of the proposed budget, in the personnel schedule for the Parks, Recreation, and Rights-of-Way Division. Eight personnel formerly assigned to the Streets Division are now assigned to Parks. The mowing of rights-of-ways is a responsibility that has been moved to this division and the personnel who were doing that have also been moved. During the summer, the 8 employees moved will join with the Street Division to accomplish the street sealing program and related street activities, which created an increase in this budget of $158,987.00. City Manager Malone said the wearing apparel account was increased from $3,000.00 to $6,000.00 due to the additional employees. City Manager advised the City Council that the car allowance was eliminated, increased the utilities- electricity increased from $40,000.00 to $50,000.00, the travel expenses has been reduced. City Manager Malone said he reduced the training, increased the buildings and grounds, increased the storm sewers from zero to $20,000.00. He also said street and alley repairs increased by $2,000.00, and increased the motor vehicle account from $4,500.00 to $5,500.00. City Manager Malone said under lease and rental-equipment, he placed $23,000.00 for time payments for a backhoe, and the remaining balance is used to lease specialized equipment as needed. City Manager Malone said the medical had been increase from zero to $2,000.00. City Manager Malone advised that under the capital accounts, there is money budgeted for Lake Crook in the amount of $20,000.00 to be used for fences, picnic tables, landscape, campsites, and lighting. He said in the special project Special Budget Wark Session August 29, 2000 Page 4 for Heritage Park, there is budgeted $50,000.00 as matching funds for state grant. There is $15,000.00 budgeted for the skateboard facility to be used for landscape, curb, and gutter, and irrigation to add to this project that has just been completed. City Manager Malone advised the City Council that there is a special project for Culbertson Park softball field lighting, which is the replacement of the old light fixtures. Under machinery, tools, and equipment, there is a total request of $139,400.00 an increase of $113,350.00 over the current budget. City Manager Malone said there was $9,000.00 for fencing at Culbertson tennis courts; $25,000.00 for playground equipment at MLK Park; $30,000.00 for one compact loader; $1,500.00 for a bagger for a Grasshopper mower; $1,700.00 for a 36" T Bucket; $1,200.00 for a cold power washer; $6,500.00 for a Snapper riding lawnmower; $37,000.00 for one 60 horsepower 4x 4 Tractor; $17,500.00 for one Rhine 1948 Boom Mower; and $10,000.00 for one Batwing mower. City Manager Malone told the City Council that most of this equipment relates to the mowing of the rights-of-way and drainage areas, and pointed out that the city has acquired additional parks which require mowing. Councilman Gray wanted to know why Record Park was left our of the budget. City Manager Malone said that the MLK Park was probably the next in line as far as need. After discussion was had, a motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to place the $25,000.00 that is budgeted for MLK Park for playground equipment and the $9,000.00 for the fencing at Culbertson Park in a project for playground equipment for Record Park. The motion carried 7 ayes, 0 nays. City Manager Malone presented the budget for the Solid Waste Division of the Public Works Department. City Manager Malone advised that under personnel, the line items were reduced and 50% of the Fleet Maintenance Superintendent position has been moved to the Garage Division, and 50% of the Solid Waste / Traffic Superintendent has been added to this Division. He said that presently Special Budget Wark Session August 29, 2000 Page 5 the budget is for 17 Solid Waste Collectors and presently it is staffed with 12 full-time regular and two temporary full-time Solid Waste Collectors. It is requested that two temporary full-time Solid Waste Collectors and the three Solid Waste Collectors be deleted from the budget. He said there will be a total of 14 full-time regular Solid Waste Collectors, and there is a requested to increase overtime from $10,000.00 to $15,000.00. City Manager Malone said there is an increase in wearing apparel, gasoline, lubricant, and a decrease in motor vehicle batteries, laundry and cleaning, chemicals, mechanical, and insurance. City Manager Malone advised that there is an increase in the landfill fee from $267,000.00 to $280,000.00 due to the increase in the landfill charges per load along with the expected increase in volume. He said there is a increase in machinery, tools and equipment from $3,000.00 to $4,000.00 and a small increase in radio maintenance. City Manager Malone told the City Council that there is a small increase in lease and rental of equipment. He said there were time payments on equipment that the city is obligated for, and the requested amount is $199,382.00. The Council discussed the possibility of picking up hazardous waste, and the consensus of the City Council was for this to be researched and see what it will cost and what the city will have to do to implement this service, and requested that a report be made to the City Council. The Council discussed sanitation related fees that are billed on the water bills, and the concern expressed by apartment owners and some of the business and commercial customers that the fees are unfair. The City Manager explained that it was envisioned that sanitation related service fees cover, not completely, a number of services to the citizens including the sweeping of the streets, cleaning up of rights-of-way or creeks where people have dumped trash, and the Code Enforcement activities. He said the fee was established as an effort to ensure that all citizens shared in those costs, but noted that when you have sanitation related charges on the water bill, the people look at that with the expectation that you are going to pick up their trash, limbs and brush, even Special Budget Wark Session August 29, 2000 Page 6 though that is not the case. City Manager Malone told the City Council that in order to eliminate the confusion, it is proposed that residential customers pay the total amount that they have been paying for sanitation and sanitation related services and for that charge be removed from the commercial and business accounts. City Manager Malone said for that to be revenue neutral, the proposal is to establish a street use fee, which would apply to all commercial trash services that operate within the city limits of Paris, and the city would charge them a percentage of their gross revenue. City Manager Malone said the revenue from this fee is estimated to be less than $300,000.00. City Manager Malone presented the proposed budget for the Streets and Highways Division of Public Works, and advised that personnel cost has been reduced due to transferring 8 employees into the Parks, Recreation and Rights- of-Way Division. He said that there is an increase in food-humans from $800.00 to $1,000.00. There are reductions in the motor vehicles-gasoline account, lubricant, laundry and cleaning, and other supplies, insurance, freight and express, and the miscellaneous account. City Manager Malone advised that there are increases in training-tuition, testing/analysis and buildings and grounds for this division. He said the sidewalks and curbs account has been increased from $35,000.00 to $40,000.00 and streets and alley repair has been reduced from the requested amount of $525,000.00 to $285,000.00. City Manager Malone said that under lease and rental-equipment, the requested amount was $115,000.00 for lease purchase of equipment as follows: obligated for a Cat Excavator @$38,267.40, requested one 2001 Loader @ 424,000.00 annual time payment, requesting one 2000 Chipper Spreader @$32,400.00 time payment. City Manager Malone said these time payment contracts run for three years. There has been $58,600.00 budgeted to cover a current obligation on a Cat Excavator and to pay for lease of equipment needed from time to time. City Manager Malone advised that the purchase of a Chipper Spreader and Loader has been moved to the capital account to purchase it outright. He said under machinery, tools and equipment there is a request for $4,000.00 for the purchase of one Mini Dump truck and the chippers spreader and loader has been added in the amount of $208,000.00. Under motor vehicles, the requested Special Budget Wark Session August 29, 2000 Page 7 amount is $69,000.00 to purchase one 2001 model 3/4 pickup, one 2001 model one ton patching truck, and carried over money from 99-00 fiscal year to purchase two state surplus dump trucks at $18,000.00. City Manager Malone called the Council's attention to the proposed budget for the Traffic & Public Lighting Division of Public Works and stated that under personnel, the Fleet Maintenance Supervisor previously budgeted at 50% has been moved over to the Garage Division and the Solid Waste/Traffic Supervisor has been added to this budget. City Manager Malone said that under the general expenditures there are no major changes. He said there is one 3/4 ton pickup truck budgeted under the capital account in the amount of $21,000.00. The City Council discussed the need for all of the 3/4 ton pickups that have been requested with Terry Townsend, Director of Public Works, and requested that Mr. Townsend get figures for the 3/4 ton pickups vs. the % ton pickups and bring that information back to the City Council for consideration. City Manager Malone said that under the Garage Division of Public Works in capital outlay there has been budgeted $15,000.00 for 6 reel hose, a heavy duty transmission jack, two replacement jacks, computer electronic repair manuals, and diagnostic equipment for diesel engines. City Manager Malone advised the City Council one 3/4 ton pickup has also been budgeted for this division. Terry Townsend, Director of Public Works, came forward to explain the need for the 3/4 ton pickup. After discussion, a motion was made by Councilman Bell, seconded by Councilman Carter, to consider funding the North East Texas Alcohol and Drug Abuse in the amount of $5,000.00 and $10,000.00 for the Children's Advocacy Center in the proposed budget for the fiscal year 2000 - 2001. The motion carried 7 ayes, 0 nays. After further discussion, a motion was made by Councilman Bell, seconded by Special Budget Wark Session August 29, 2000 Page 8 Councilman Carter, that the funding for the North East Texas Alcohol and Drug Abuse and the Children's Advocacy Center will not necessarily be funding in next year's budget, and they may want to look for alternate funding in the ensuing years. The motion carried 7 ayes, 0 nays. There being no further business, a motion was made by Councilman Bell, seconded by Councilman McCarthy, to adjourn the meeting. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE SPECIAL BUDGET WORK SESSION OF THE CITY COUNCIL AUGUST 28, 2000 The City Council of the City of Paris, Paris, Texas, met in special session, Monday, August 28, 2000, 5:30 P. M., Paris Junior College, Alford Center, Room 106, 2400 Clarksville Street, Paris, Texas. Mayor Michael J. Pfiester called the meeting to order with the following Council Members Present: Richard Manning, Kevin Gray, Benny Plata, Joe E. McCarthy, and John H. Carter. Also present were City Manager Michael E. Malone, City Attorney Larry Schenk, and City Clerk Mattie Cunningham. Mayor Pfiester called for consideration and discussion of the proposed 2000- 2001 Budget and accompanying Tax Rate for the City of Paris. Gene Anderson, Director of Finance, came forward stating that the one of the two primary things driving the increase in the budget is debt service for the tax supported debt, which is $525,926.00. He stated that this is what the debt service will be each and every year, although it may vary a few thousand dollars. Mr. Anderson said that another major increase in the budget is the addition of the third emergency crew for EMS. He said this requires additional equipment in the amount of approximately $139,000.00 plus the cost of $230,000.00 for the 5 additional employees. Mr. Anderson said there was Water and Sewer Revenue debt at the same time and the debt service payment for that is over $700,000.00, which is in addition to what is already outstanding. Mr. Anderson pointed out that on pages 48, 49, and 50 of the proposed budget is an overall summary of the budget broken down by funds. Mr. Anderson advised the City Council that the Health Department has been separated out and that has historically been accounted for in the General Fund. He also said that out of the General Fund that Special Revenue Fund is also new this year, and those are fees that have been authorized by the Legislature that have restrictive use, that can only been spent for certain things, such as the Municipal Court Safety Fee, and Municipal Court Technology Fee. Also, Mr. Special Budget Wark Session August 28, 2000 Page 2 Anderson said one big increase in the PEDC Fund is the way they budget their money, which is included in the City's budget because the city administers this fund. Mr. Anderson said any money that the PEDC has leftover,they rebudget that in total the following year and this inflates the city's budget. Mr. Anderson said there is approximately $500,000.00 in the contingency fund that has to do with the salary related items depending on what the salary and personnel study indicates. Mr. Anderson advised that in the Water and Sewer Fund, excluding the debt service, that this fund has actually only increased $300,000.00 over last year, and the bulk of that is the pay increase. City Manager Malone said there is very little change in the City Council's budget. He called the City Council's attention to the line item for Promotional and Advertising is where the city expends the revenue for hotel/motel tax, which goes to the Visitor's and Convention Council of the Lamar County Chamber of Commerce, and explained that the number increases because ofthe increase in hotel/motel tax. City Manager Malone said this is revenue in and revenue out which inflate the overall budget number. City Manager Malone said he has reduced the contributions line item from the present fiscal year which was $100,000.00 to $71,460.00. He explained that the Contributions account is set up to transfer funds to the Health Department in accordance with the contract with Lamar County and disburse the contributions of the City Council to other organizations. City Manager Malone said the amount budgeted covers only the city contribution to the expected shortfall in the revenues of the Paris/Lamar County Health Department and that is estimated to be $71,460.00 for the coming fiscal year. City Manager Malone said there are a number of requests that have been made to the City Council, including the North East Texas Council of Alcohol and Drug Abuse for $5,000.00, a request for the Children's Advocacy Center for $10,000.00, a request from CASA for Kids of $12,000.00, and the Noon Optimist Club & Boy's and Girl's Club of Paris have requested $2,000.00 for their Youth Football Program cost of water. He said that those requests total $29,000.00, an amount that has not been included in this proposed budget. City Manager Malone said this is a political Special Budget Wark Session August 28, 2000 Page 3 decision and should the City Council wish to make contributions to some of these organizations, he suggested there would be a need for documentation of their tax status, their budget, audit, bylaws, and a list of their officers, salary and wages, financial statement and some justification for spending public funds. City Manager Malone advised that if the City Council wishes to make those contributions, the proposed budget would have to be amended and a public hearing held on the increased line item. After discussion, a motion was made by Mayor Pro Tem Manning to leave the line items as they stand. The motion failed for lack of a second. City Manager Malone advised that the line item for the Depot Rehabilitation Proj ect is a capital account set up to disburse funds from a TxDOT grant for the rehabilitation of the Santa Fe/Frisco Depot. City Manager Malone said that the city expends the money for the budgeted proj ect items and then we draw the money down from city grant funds held by TxDOT. City Manager Malone said this account was expected to show a revenue of $500,000.00 and an expenditure of $500,000.00, but plans and specifications and other things have caused delays. Mr. Malone stated his expectation that the remaining $800,000.00 of the grant would be drawn down in this fiscal year. He also pointed out that this represents a$300,000.00 number that is inflated in this years budget and is not actually a cost to the tax payers because this is revenue neutral, but it does expand the overall budget number by $300,000.00. City Manager Malone presented the proposed budget for his department and advised that in the personnel section 40% of the City Manager's Secretary expense is budgeted under Engineering and 10% is budgeted under the Cox Field Airport Department. The Project Coordinator/Civil Service Director/Airport Director is budgeted 50% under Engineering, 30% under Cox Field Airport, 10% under Police, and 10% under the Fire Department. He said no cost of living or reclassifications have been budgeted. City Manager Malone went over the general expenditures for his department Special Budget Wark Session August 28, 2000 Page 4 with no major changes. He said that under capital items, Machinery Tools, and Equipment the budget has been cut from $3,000.00 to $1,000.00 in the proposed budget, and the communication system has been reduced to zero. City Manager Malone discussed his car allowance with the City Council. The next proposed budget that was discussed was the City Attorney's budget. City Manager Malone said there is very little increase other than money that has been placed in the contingency fund for the cost of living and possibly reclassification. He said the City Attorney is requesting upgrade of the Municipal Court Prosecutor/Assistant City Attorney to a full-time position. City Manager Malone said that Office Supplies has been cut by $3,000.00 because at the time the request was made that was for purchase of software and licensing to utilize the Laserfische program, and that has been budgeted in the City Clerk's Department. City Manager Malone advised that under Car Allowance, the City Attorney has request adding an additional car allowance of $3,000.00 annually for the Assistant City Attorney. City Manager Malone said under the Capital Outlay , Furniture and Fixtures has been cut from $2,500.00 to $1,500.00, and under Machinery, Tools, and Equipment it has been cut by $1,000.00. City Manager Malone presented the proposed budget for Municipal Court Department. Under Personnel, City Manager Malone said this line item only includes the Municipal Court Clerk and three deputy court clerks. He said there is a request for certification pay which currently is not being received: Level 1-$25.00 bi-weekly; Level II -$50.00 bi-weekly; ; Level III -$100.00 bi-weekly. He said the Municipal Court Clerk would qualify for the Level II pay now and the three deputy clerks would each qualify for the Level I, which would add $1,950.00 annually for the three deputy Clerk. City Manager Malone said the Municipal Judge is a contract employee and is budgeted under the 0305 account, and he is paid hourly. City Manager Malone said there were no other changes in the general expenditures. City Manager Malone said there are capital items budgeted, which include programming maintenance under contract, and program customization as required due to legislative changes . Special Budget Wark Session August 28, 2000 Page 5 City Manager Malone said the next proposed budget is the City Clerk's budget. He said it has been requested to upgrade a Clerk I to a Clerk III and an additional part-time person to replace a Green Thumb person that is expected to be taken away as the city has not hired anyone from this program. City Manager Malone said the request for reclassification of the clerk is to be considered after receipt of salary and wage study, and he did not budget for the requested part-time person. City Manager Malone advised that there was a request in the Photographic Supplies for $1,500.00 and this was reduced to $500.00 anticipating the purchase of the Laserfische System. City Manager Malone said under Machinery, Tools, and Equipment, $47,615.00 has been requested for the purchase of the LaserFische imaging system and software, and the purchase of a computer to be used in connection with the state for remote birth certification. This would be to replace an old 486 Compaq which is inadequate to run new software for this function. He advised that there is $10,000.00 available for the Police Department through a grant which can be applied to this purchase. The Accounting and Auditing's proposed budget was presented by City Manager Malone and he advised that there was reclassification of the Data Processing Manager to Deputy Director of Finance/Information Technology Manager to a Grade 40. There is also a request to reclassify the Payroll Clerk to UP Administrative Assistant to a Grade 23. He said the reclassifications will be considered after the salary and wage study. City Manager Malone said most of the other requests are very similar and he furnished the City Council with notes that detail the various line items. City Manager Malone pointed out that under Buildings and Grounds there is a request for $10,000.00 and he has cut that to $4,000.00, and under Machinery, Tools, and Equipment there is a request for $15,000.00 for a color printer, security system, a postage machine, 3 personal computers and one shredder. City Manager Malone said he cut the security system and reduce this account to $10,000.00. City Manager pointed out that the Appraisal District Special Budget Wark Session August 28, 2000 Page 6 assessment cost is up about $10,000.00, and the collection cost is up and these expenditures are beyond our control and inflates the budget. City Manager Malone stated that the next proposed budget is the Paris Police Department. Karl Louis, Police Chief, came forward presenting a proposition to the City Council. Chief Louis said that two officers have been removed from the proposed Police Department budget. He stated that a block grant has been applied for totaling $60,000.00, with the money to be used for overtime. Chief Louis proposed keeping two officers in the budget, taking $40,000.00 of the $60,000.00 block grant funds to use for one position and reduce the overtime by $40,000.00 so that the Police Department will be able to keep those two officers. Chief Louis explained that when they applied for the COPS in School Grant, the whole obj ective was to apply for the grant, hire two additional officers and put them in the school, taking the two presently at the school and placing them on the street. Chief Louis said if those two officers are cut, the department cannot accomplish what is needed. Mayor Pfiester questioned the request for a 3/4 ton pickup for the animal control officer. Chief Louis said this was requested because it is a heavy duty truck and there are plans to expand the Animal Shelter and it will be housing three times as many animals as they have in the past. Chief Louis said this would accommodate a larger and better animal control box, which is also budgeted this year. After a considerable amount of discussion, a motion was made by Mayor Pro Tem Manning to allow Police Chief Karl Louis and City Manager Malone to work out the figures and bring back a proposal to the City Council in order to keep the two police officers. The motion was seconded by Councilman Gray, and carried 6 ayes, 0 nays. Councilman Plata wanted to know what the City Council has to do to get the City Manager to cut some of these 3/4 ton pickups back to a one-half ton truck, Special Budget Wark Session August 28, 2000 Page 7 as he does not feel they are justified. City Manager Malone said in this instance, he placed it in the budget as part of the proposed budget, and if the City Council does not want the city to purchase 3/4 pickups, they can be removed from the budget. After further discussion, Councilman Carter requested that Chief Louis compare the 3/4 ton pickup versus a% ton pickup and bring the information back to the City Council for review. City Manager Malone said there is a request for $40,000.00 for pound supplies for the animal shelter and as the new building will not be completed for approximately six months, he cut that back to $25,000.00. He said that under photographic supplies there is an increase. City Manager Malone said the next department to be looked at is the Fire Department. City Manager Malone gave the City Council notes showing what all of the personnel requests were. City Manager Malone said that a grant has been received for one year funding for one code enforcement officer with an emphasis being placed on illegal dumping. The city has to provide certain items of equipment for that code officer. He said the city presently has two extra code officers hired as temporaries under the miscellaneous account and will have extra people on duty in the busy season. Reclassifications and other issues will be addressed later on after the wage and salary study. City Manager Malone explained the account entitled Food-Humans is up from the $5,000.00 in the present budget to $7,500.00. He pointed out that these funds are being expended to purchase food for the prisoners from the Buster Cole State Jail and that the city's work site is the most popular for the prisoners and the guards due to our attention to their needs. Under Wearing Apparel, the requested amount of $58,300.00 was reduced to $32,000.00. Under Travel Expenses a request for $14,300.00 was reduced to $12,300.00. The Training and Tuition request was cut from $13, 850.00 to $11,700.00. City Manager Malone said that under Buildings & Grounds there was $125,000.00 requested, but that was not documented, and it was cut to $30,500.00. City Manager Malone said that under Motor Vehicle Maintenance, the request was for $37,000.00 and he reduced it to $29,500.00. City Manager Malone said Special Budget Wark Session August 28, 2000 Page 8 that under Buildings, the requested amount was $94,000.00 to build a storage building for Fire Station No. 1 and $14,500.00 to store two rescue boat, two lawn mowers along with miscellaneous small tools. Also included is a burn building that meets state standards and will cost $76,000.00. City Manager Malone said his proposed budget omits requests for the storage building and the burn building and landscaping. City Manager Malone said there is $594,000.00 being carried forward to finish the two substations. Steve Burgin, Fire Chief, came forward asking that the storage building be left in the budget because they do not have a place to store the boats and lawn equipment and things of that nature. Chief Burgin stated that they were unable to use the shop at Fire Station No. 1 because it is being used for storage, which includes gas and oil. The City Manager said under Motor Vehicles there was a request of $31,080.00 for a 3/4 ton four door pickup for the Training Officer, and he budgeted $22,000.00 for the purchase of a Crown Victoria Police Package which can be used by the training officer and can be used to take personnel to out of town training. Chief Burgin again urged the City Council to keep the storage building in the budget. Mayor Pfiester suggested that Chief Burgin be allowed to look at this request and see if he can come up with something that will keep him revenue neutral with what is in the budget at this time and bring back a proposal to the City Council. There being no further business, a motion was made by Councilman Carter, seconded by Mayor Pro Tem Manning, to adjourn the meeting. The motion carried 6 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR Special Budget Wark Session August 28, 2000 Page 9 ATTEST: MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL CITY OF PARIS AUGUST 24, 2000 The City Council of the City of Paris, Paris, Texas, met in special session, Monday, August 24, 2000, 5:00 P.M., Heritage Hall, 1009 West Kaufman Street, Paris, Texas. Mayor Michael J. Pfiester called the meeting to order with the following council members present: John F. Bell, Richard Manning, Joe E. McCarthy, Kevin Gray, and Benny Plata. Also present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham. Mayor Pfiester asked if there was anyone in the audience having business to bring before the City Council not listed on the public agenda, to please let it be known in order to make the information available to the City Council in compliance with the Texas Open Meetings Act. Vickie Hime, 308 West Washington, came forward telling the City Council that the crime watch of West Washington, 3rd Street S. W. and 4th Street S. W. would like to submit a request for a change of a stop sign location at the intersection of S.W. 3rd and West Washington. Ms. Hime said that this intersection is very dangerous and they have a lot of problems with traffic going from 7th Street all the way up to 1 st before they have to stop and that a lot of the people miss the stop sign. City Manager Malone advised that the city will take the request under advisement and forward it to the Traffic Commission for their recommendation, and then it will come back through the normal course of business in their minutes with a recommendation to the City Council. City Manager Malone advised that Ms. Hime will be notified of the time of the Traffic Commission's meeting. Invocation was given by Gene Anderson, Director of Finance for the City of Paris. Mayor Pfiester announced that City Manager Malone and Director of Finance City Council Meeting August 24, 2000 Page 2 Gene Anderson, along with the department heads and staff have prepared a budget for the year 2000-2001, and the budget will be presented and explained by City Manager Malone. City Manager Malone announced that the City Council has been presented with a copy of the proposed budget for the fiscal year 2000-2001. City Manager Malone said that part of the process of presenting a budget is furnishing a letter concerning the operating budget/ program of services to the City Council, and read his letter concerning the operating budget/program of services for the City of Paris for the fiscal year 2000-2001. City Manager Malone suggested that the City Council take the proposed budget and compare it with the information that has been presented at previous meetings because it may have information that will help them make a decision. City Manager Malone also recommended that the City Council schedule workshop meetings with the staff starting next week. He explained that part of the process is for the City Council to consider and discuss things that they might wish to add to the budget, and the reason for that, is that for any additions to a line item or account to this budget that has been officially presented, those additions would have to be voted on before the 16th of September so that a public hearing could be held on increases that the City Council might have. City Manager Malone advised that as the City Council goes through the budget, there will be opportunities to delete items all the way down to the final adoption of the budget, which could occur on the 27th of September. He said the City Council can always cut an item, but in order to give the public notice so they can come and comment in an official hearing on an addition to the budget, we would have a time frame to meet in order to hold a public hearing. City Attorney Schenk distributed to the City Council four drafts of optional calendars that set out the dates for the public hearings. He stated that item number 4 as presented was the key date, that keys all of the other dates, and that is the date the city needs to set for the public hearing, which needs to be City Council Meeting August 24, 2000 Page 3 between the dates of September 1 lth to September 14th, one of those four days. City Attorney Schenk advised that the earliest that the City Council would be able to adopt the tax rate would be September 25th under any of these schedules, because State law requires that you not levy taxes until 30 days after the date the budget was presented. City Attorney Schenk also advised the City Council that until the budget has been approved you can not adopt the tax rate. After discussion, it was the consensus of the City Council to hold the public hearing on September 13, 2000, at 6:00 P. M. at the Red River Valley Fairgrounds, Building B, 1750 6th Street N. E. It was also the consensus of the City Council to schedule five budget workshops beginning Monday, August 28° 2000, beginning at 5:30 P. M. and to continue the meetings as needed. Mayor Pfiester stated that the next item on the agenda was a record vote on the tax rate for calendar year 2000 for the city of Paris. City Attorney Schenk said the purpose of this agenda item is to conform with State statutes regarding public notice on taxes. He said this is not a vote on the tax increase, it is a vote necessary incident to publishing notice on the public hearing whereby the vote is to consider the proposed tax increase in support of the budget. City Manager Malone pointed out that the way things are calculated in accordance with State law that the rollback tax rate would be 64.972 cents. City Manager Malone explained the rollback rate stating that when you raise the tax rate beyond the rollback, the public has an opportunity to petition an election to roll the tax back to its original rate and normally the city would not want to exceed the rollback rate. City Manager Malone said the 64.972 rate would generate $307.22 in taxes on an average home value of $47,286, if you set the tax rate at the rollback rate of 64.972, and that rate would cost the City Council Meeting August 24, 2000 Page 4 taxpayer living in that house an additional $30.14 a year. City Manager Malone said that the rate that has been proposed in preparing the budget is less than that, which is 61 cents per one hundred valuation causing an increase of $12.36 a year increase. Mayor Pfiester called for a show of hands for the record vote on the tax rate for the calendar year 2000 for the City of Paris. A motion was made by Councilman Bell, seconded by Councilman McCarthy, with a show of hands of Councilman Bell, Mayor Pro Tem Manning, Councilman McCarthy, Councilman Gray, Mayor Pfiester, and Councilman Plata voting to consider a tax increase which would raise the tax rate to 61 cents per one hundred dollars of valuation. The motion carried 6 ayes, 0 nays, with Councilman Carter being absent. Resolution No. 2000-125, setting September 13, 2000, for a public hearing on the City of Paris proposed budget for fiscal year 2000-2001, to be held at the Red River Valley Fairgrounds, Building B, located at 1750 6th Street N. E. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays, with Councilman Carter being absent. Resolution No. 2000-124, calling a public hearing for Wednesday the 13th day of September, 2000, at 6:00 P. M. at the Red River Valley Fairgrounds in Building B, 2750 6th Street N. E., for the purpose of hearing the views of proponents and opponents of the tax increase required to fund and balance the City Manager's proposed budget for fiscal year 2000-2001. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 6 ayes, 0 nays, with Councilman Carter being absent. A motion was made by Councilman Bell, seconded by Councilman Plata to adjourn the meeting. The motion carried 6 ayes, 0 nays. City Council Meeting August 24, 2000 Page 5 MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL CITY OF PARIS AUGUST 16, 2000 The City Council of the City of Paris, Paris, Texas, met in special session, Wednesday, August 16, 2000, 6:30 P. M., Thomas Justiss Elementary School Cafeteria, 401 18th Street N. W., Paris, Texas. Mayor Pfiester called the meeting to order with the following Council Members present: John F. Bell, Richard Manning, Joe E. McCarthy, John A. 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. Mayor Pfiester announced that the purpose of the special meeting was a public hearing to receive input from Citizens of Paris proposing services or projects to be included in the 2000-2001 City of Paris Budget. Mayor Pfiester declared the public hearing open and called for those who wished to speak regarding the 2000-2001 City of Paris Budget to come forward. Stephanie Hunt, Executive Director of the Children's Advocacy Center, 4225 Lakeshore, appeared before the City Council handing out financial information for the Children's Advocacy Center. Ms. Hunt said the Children's Advocacy Center works very hard every day to make a difference in the lives of abused children. She acknowledged that child abuse is not something that we like to talk about and that we do not like to think about it. She said that we do not even want to acknowledge that it happens in Paris, but that it does happen in Paris almost daily. Ms. Hunt said the children that they serve are somebody's neighbor, friend, niece, nephew, school friends, or someone's kids. Ms. Hunt stated that the purpose of the Children's Advocacy Center of Paris is to protect and promote the healing of children who are victims of sexual and/or physical abuse. She said they provide a place where children will be brought to a home-like environment in order to be interviewed about the abuse they have suffered. Ms. Hunt said that 230 children and their non-offending family members have been served by her agency. Ms. Hunt said the City Council has supported this agency for the past two years, both financially and with their City Council Meeting August 16, 2000 Page 2 interest. Ms. Hunt said she was asking the City Council to include the Children's Advocacy Center in the budget for the next year. Ms. Hunt said they would like to ask for $10,000.00, which is the same amount they have asked for and received in the past two years. Ms. Hunt stated that they have also appeared before the Lamar County Commissioner's Court, asking them for $10,000.00 as they have funded this amount for the past two years. Bill Clayton, Executive Director of the Northeast Texas Council on Alcohol and Drug Abuse, appeared before the City Council asking for a continuance of the funding that the City Council has provided since fiscal year 1996. Mr. Clayton presented a handout to the City Council explaining that Paris is no different than anywhere in the state. There is a significant substance abuse problem. Mr. Clayton said the economic impact of substance abuse in the State was 19.3 billion dollars in 1997, which breaks down to $1,001.00 for every man, woman, or child in the state. Mr. Clayton said his agency was able to provide many important services to Paris citizens to combat what has become the number one social problem in this nation. He said they were dealing with this problem in Paris on several levels. They provide prevention services to early grade school students and some middle school students, along with intervention services to may youth who are starting to have problems. Mr. Clayton said they also provide screening, assessment, and referral services to all ages, and provide a variety of substance abuse related educational classes to adults and youth, along with a variety of substance abuse outpatient treatment services. Mr. Clayton stated that he was requesting that the City of Paris continue the $5,000.00 in the yearly financial assistance that has been provided in the past. Stacy Wilcoxson, Route l, Box 109, Blossom, Texas, appeared before the City Council advising that they love Wade Park and they go there all the time. She related that a few days ago at the kiddie park that is fenced off for the small children, her 20 month old baby and her 3 year old were in there playing and the baby came walking up to her with a used condom in her hand. Ms. Wilcoxson said they were very upset by this. Ms. Wilcoxson said she made a City Council Meeting August 16, 2000 Page 3 few phone calls and did find out that they clean the park up, but what they find is just more than condoms. Ms. Wilcoxson said she was told that the city can not control this, but she feels, as a concerned mother, that there is possibly a way to control who is hanging-out at the park at night. Ms. Wilcoxson said that there is a fence around the play areas already, but if the city could possibly raise the fence higher and have locked gates on these fences after daylight hours and post signs saying that park hours are from a certain time, that this might help the problem. No one else appeared and the public hearing was declared closed. Mayor Pfiester announced that the Council would go into a budget workshop session. City Manager Malone said that he would like to go through and highlight some of the requests that have been made by the various departments for this fiscal year budget. Gene Anderson, Director of Finance, came forward explaining the effective tax rate notice that will be published in the Paris News in the next week. He explained how the effective rate is calculated, stating that in theory the effective rate is the rate that brings in exactly the same amount of money as was brought in the previous year. Mr. Anderson said there are some adjustments to that number that are allowed under the law and so that is not exactly 100% correct, but theoretically that is what it represents. Mr. Anderson called the Council's attention to the last number on the front page. He explained the rollback rate as representing the maximum tax rate that can set without being subject to a rollback petition and a rollback election. Mr. Anderson said the average home value in the City of Paris in the year 2000 is $47,286.00, and if you applied the current year's rate to that, city taxes would be $277.08. Mr. Anderson said if you took that same average home value and applied the rollback rate to it, the taxes for the year would be $307.22, so from the current rate to the rollback rate, there is a difference of $30.14 a year, City Council Meeting August 16, 2000 Page 4 $2.51 a month, or $.825 per day on the average home value within the city. Mr. Anderson said on the second page of the notice, which is a new item on the notice, that if the city adopted the rollback rate, the city has to state that there would be an increase in the taxes collected compared to 1999 taxes, that is, if you applied the effective rate to the new value, the taxes would actually increase $199,734.00. Mr. Anderson said what the $199,734.00 represents is the increase in taxes that the city would receive from new property that was on the tax roll for the first time, either newly built or newly annexed, and this year we have a combination of both of those. Mr. Anderson drew the Council's attention to the section concerning debt service. He said the city has two outstanding tax supported debt issues. The Certificates of Obligation issued in 1993 requiring a total payment of principle and interest of $405,163.00. The second issue is the Combination and Tax and Revenue Certificate of Obligation issued this year and the city will be paying $525,926.00 for that debt. Mr. Anderson said the total debt payment is $931,089.00. Mr. Anderson said this new debt will cause the tax rate to increase over the 3% that the city is allowed to increase without having to have the notices and the public hearings. Mr. Anderson said the city will have to have two quarter pages published in the paper and will have to have a public hearing on the tax increase for the debt issuance alone. Mr. Anderson presented the budget for the Finance Department and pointed out that the City Council can see by just looking at the front page summary, his over all budget is down about $40,000.00 and that represents primarily a decrease in the capital expenditures from last year to the coming year. Mr. Anderson said he did a major upgrade to the computer system in this current year and that is not a repeated item. Mr. Anderson said on the second page the bottom three lines, items 16, 17, and 18 did increase. He said that item 16 and 17 are the amounts of money that the city is billed by the Lamar County Appraisal District to do assessments and collections for the city, so the assessment request is $81,055.00 and that is dictated by the Appraisal District budget. The appraisal collection line item is $29,290.00 and this is also dictated by the Appraisal District. Mr. Anderson said the last line item 18, City Council Meeting August 16, 2000 Page 5 which is for consultants is $15,000.00. Mr. Anderson said the difference of $5,000.00 is primarily for consultants that came in to do the new drug policy, and one of the things that is required in the drug policy is training for supervisors on how to recognize and deal with any type alcohol or drug related problems that they get into as well as how to recognize it and deal with it. Mr. Anderson said this firm also offers employee assistance, so he budgeted $10,000.00 in order to have the training. Mr. Anderson said in looking at the other line items, you will see minimum increases or decreases. Mr. Anderson stated that under the capital outlay he is requesting three personal computer replacements as the personal computers they have now were purchased in early 1985 and are in need of being replaced. Mr. Anderson said he was also requesting a new printer which is about the same age as the computers, and he would like to replace it with a color printer in order to do color graphs and charts. Mr. Anderson said the paper shredder that he is asking for will be use to dispose of personnel records after they have been microfilmed. Mr. Anderson said a security system has been a goal of his for a long time, and would like to add security cameras and other recommended security items for his office as they handle a lot of money. Mr. Anderson discussed the security system with the City Council. Tommy Hunt, Municipal Judge, came forward presenting his proposed budget stating that the budget items are basically the same as they were last year with very little difference in those. Judge Hunt said his department is small. He has a chief clerk and three deputy clerks. Judge Hunt said there is a memorandum attached to his budget regarding a request for certification pay for his court clerks. He said he has encouraged the clerks to be certified, and he has proposed in the budget a$25.00 bi-weekly certification pay for Level I, and $50.00 certification pay for Level II with a years of service addition with that. He stressed the need for the clerks to be professional, to know the law well enough that they can not only follow it, but they can explain it to the customers. Judge Hunt stated that he anticipates, with City Attorney Schenk's new ordinances, that their work load level will be increasing. City Council Meeting August 16, 2000 Page 6 City Attorney Schenk appeared before the City Council presenting his proposed budget stating that we are on track to be slightly under budget this fiscal year. City Attorney Schenk said the primary change in the budget for his office that he is proposing is the retention of his current Court Prosecutor as a full-time Assistant City Attorney. City Attorney Schenk said it would be his intention to elevate Ms. Stephanie Harris to that position. City Attorney Schenk advised that she has indicated a desire to serve in that capacity and he felt she would be a valuable asset to his department and to this city as a full time employee. City Attorney Schenk advised that he has put together a package that he thinks is fair both to the city and to her, and she is satisfied with what he is proposing. City Attorney Schenk stated that he sees the need for a couple of reasons, one which Judge Hunt alluded to, first of all Ms. Harris also is very rare in that she interfaces very well with everyone that she has to work with, that would be the Courts, Police Department and the citizens. City Attorney Schenk felt that the Police Department is more than satisfied with her involvement in what they do and Judge Hunt has also indicated the same to him. City Attorney Schenk said he would like to expand her responsibilities to include not only what would be additional work load through the courts, but also expand her into other responsibilities associated with the City Attorney's office so that they can continue and hopefully enhance the quality, speed and efficiency of the work that we do for the city, council and staff. He said it was always his goal and will continue to be his goal, to have the best city attorney's office, not only for cities of our size, but any city in the state of Texas. City Attorney Schenk advised the City Council that he has detailed in memorandum form to the them what he would see as to what Ms. Harris would do and put the cost of elevating her to that level in there. City Attorney Schenk advised that at the present time, she is on a per hour basis, and if you project the amount that the city pays her per hour for a full-time employee, she would actually make more money on a eight hour five day a week basis on the contracted hourly rate that she is being paid, but this does not include her benefits or opportunity for involvement in retirement. City Attorney Schenk stated that is the primary change in his budget. City Attorney Schenk said another item is to do an upgrade to one employee in his office who is currently at a clerk level City Council Meeting August 16, 2000 Page 7 and she would be upgraded to a secretary level. Earl Smith, City Engineer, was next to present his budget to the City Council. Mr. Smith pointed out that on page one of his budget it is basically the same as last years with the exception of capital expenditures and like the other departments, it ignores any change in personnel cost. Mr. Smith projected a $300.00 increase for postage, which is related to additional zoning changes. Gasoline was increased by $1,000.00, and he lowered the photographic supplies by $400.00 because of the purchase of a digital camera that is saving money. Mr. Smith advised that the capital expenditures includes $500.00 for furniture and fixtures, $5,000.00 for a new computer projector that would be used for presentations, 4 personal computers, and explained the need for a new reel and push cable for the sewer camera. He also included a new vehicle which is needed. Steve Burgin, Fire Chief, told the City Council that the Fire Department has been in a building program since the early nineties and now they are seeing the last of that in the construction of the two substations. Chief Burgin noted that the department's budget is reduced in some areas with only a small amount of capital expenditure. He stated that the capital items are all itemized for the City Council and that there is nothing extravagant. He noted an appropriation of $14,500.00 for a storage building at Station One, which was originally to be included in the project, but was deleted. This building was to house boats, lawnmowers, and other items that should not be stored in the station. Chief Burgin also noted the need for a training facility and furnished a diagram that shows what a modern fire training facility is. The type of facility for training that is needed will cost $76,000.00 and that is what he has budgeted. Chief Burgin discussed the certification and training needs of firefighters. He then discussed Personal Alert Safety System or PASS Devices as well as the need for an Emergency Preemption System, which ties in with the construction of the Fire Station on Pine Mill Road, allowing them to monitor the signal light at the Loop 286. He felt that in time, this type of equipment would be extended into other areas of the city. City Council Meeting August 16, 2000 Page 8 City Manager Malone pointed out that on the first page of the large printout the figure is eliminated under miscellaneous and it has been left blank and the City Council might want to pencil in about $250,00.00 as a working figure. City Manager Malone said they will be working on the budget and present it sometime next week and figures may change. Chief Burgin said the re-structuring of the rank system of the Fire Department is a very necessary adjustment within the department, and it is critically important due to the opening of the fourth station. Chief Burgin said he highly recommends implementation of the rank re-structuring proposed along with a system of steps in grade pay system. Chief Burgin said when his budget was prepared, the beatification process had just started and within the last few months has evolved into a large city-wide effort. He has been able to put two temporary code enforcement officers to work and needs additional code personnel. Chief Burgin said they were almost through surveying the entire southeast part of the city, and there are drastic changes in some of those neighborhoods already. He discussed the code enforcement budget which is not broken out separately, but is totally included in the Fire Department's miscellaneous account budgeted at $250,000.00 in the previous year. The total is to cover the demolition, any abatement that is needed on an individual property, and the compensation of the temporary officers. Chief Burgin recommended breaking out code enforcement expenses separately from fire department expenses so that we could better track our expenditures and progress in this area. Beverly Lewis, Library Director, came forward telling the City Council of the services that the Paris Public Library provides. Ms. Lewis said the budget contains a request which includes an additional eight hours for one clerk and an additional ten hours for another clerk which will make those positions full- time in order to assist with more daily library operations. Ms. Lewis said she has also requested an additional full-time clerk who would serve in the children's services area because of the high circulation of juvenile materials City Council Meeting August 16, 2000 Page 9 and the increasing number of children's programs. Ms. Lewis said the final personnel request is for a reclassification of a clerk to a paraprofessional in a cataloging position. Ms. Lewis pointed out that the operational accounts reflect a$3,400.00 decrease; however, there were a couple of increases, the cost of gasoline for the mobile library has escalated this account with an increase from $250.00 to $650.00. Ms. Lewis said that telecommunication cost will increase as the Library becomes more connected and the change in that account is $5,500.00 to $7,250.00. She said the cost of maintaining the automated circulation system has increased. Ms. Lewis said the library has only three line items under capital expenditures, the first being a request is for $3,500.00 to cover the expense in replacing some of the chairs and to add shelves. The second request is for $8,000.00 to purchase a new collection protection system. The last item requested is a materials request. Ms. Lewis said this account just says books, but this account actually includes all of the formats which they have in their collection including, but not limited to, books, audio books, music cassettes, videos, puppet book sets, audio cassette book sets and CD ROM reference titles. Ms. Lewis advised that the request is for $165,000.00, which reflects a$30,00.00 increase over the previous year; however, they requested and received last year a$22,000.00 reduction because they needed to spend more time in evaluating and weeding the collection and not as much time on processing new items. Ms. Lewis pointed out that there has been an increase in the cost of materials along with an increase in processing them, which means that the funds available will not purchase as many new titles as before, but the $165,000.00 will enable them to meet their collection development goals. Tommy Haynes, Project Coordinator, said he would like to talk to the City Council about Cox Field Airport, and to invite the City Council to take a tour of the airport as recently a major renovation has been completed costing approximately two million dollars that the City received as a grant from the Texas Department of Transportation Aviation Division. Mr. Haynes asked the City Council to look at the handout that he has furnished and they will see that this is the request for the proposed budget. Mr. Haynes noted that there is less than a 4% increase from the past year. He pointed out those items that were City Council Meeting August 16, 2000 Page 10 responsible for the increase, two of which were insurance and bonds. Mr. Haynes said they were asking for an increase to pay utilities. Mr. Haynes advised that in the capital outlay item under buildings, they will see that there is a large request for $175,000.00 and that is for another row of T-hangars that would house seven more airplanes. Mr. Haynes said they currently have a waiting list of 14 people who wish to place their airplanes in the city's hangars. Mr. Haynes said the estimated income from that would be around $10,000.00. City Manager Malone advised the City Council that the Health Department is included in the City of Paris annual budget, but it is not really a department of the city, but is a separate entity operated by a self-governing board that is appointed jointly by the Lamar County Commissioner's Court and the City of Paris. He pointed out that the inclusion of the health unit distorted the city budget by increasing it substantially and that it made it appear that we have more employees working for the city than we actually have. City Manager Malone said there is a shortfall in the funding from the state and other sources of revenue and that the City and the County participate financially on a 50150 basis. He noted that Anthony Bethel is the Administrator at the Health Department which is directed by an appointed self-governing board. Anthony Bethel, Administrator of the Health Department, came forward telling the City Council that most of their money comes from the state and the shortfall is made up equally between the City of Paris and Lamar County. Mr. Bethel explained that the large expenses they have in the coming year will probably be in the form of maintenance on the building. He said the building was built in 1943, and the capital outlay money they have in the budget will be used for that. Another large item he mentioned is the replacement of their copy machine as it is a 1983 modeL Mr. Bethel asked the City Council to look on the back page of his proposed budget and noted that he has projected the amount of state funds that they will receive from grants for the coming year as well as the projected fees they are going receive in the coming year. He noted the amount expected to be required from the city and county. Mr. Bethel said that since he prepared this budget, he has applied for an immunization grant of City Council Meeting August 16, 2000 Page 11 $50,000.00 from the state which he felt they would get beginning September 1 st. Mr. Bethel said this will reduce city and county contributions. Mr. Bethel advised that he has also applied for a TIFF Grant of up to $60,000.00 for the purchase of a new computer system for the Health Department. Mattie Cunningham, City Clerk, presented her budget for the upcoming year. Ms. Cunningham pointed out from the expenditure summary that office supplies had been increased by $500.00, and that communications had also been increased by $500.00. For the balance of the other accounts, there were very little changes in those. Ms. Cunningham said that upon the recommendation of the Technology Committee, $47,613.00 for a LaserFiche Imaging System was included. Ms. Cunningham stated that this system is a state-of-the-art imaging solution to help maintain and organize records. She explained that this system will benefit the City of Paris as a whole by bringing all the record keeping together into one system. Another feature of the LaserFiche Imaging System will allow the city to publish directly to the City's web page. She said it will save storage space as well as time and labor for data entry, as we do a large amount of data entry for the minutes. Ms. Cunningham said that after visiting with the cities of Desoto, Greenville, Coppell, and Texarkana, who already have the LaserFiche Imaging System, she found that all the cities had nothing but good things to say about this system. Ms. Cunningham said she had also placed $2,500.00 in the budget for the purchase of a personal computer for use in issuing birth certificates from anywhere in the State of Texas. Herb Campbell, Director of Utilities, was the next department head to present his budget. Mr. Campbell gave the City Council a handout and said the first page outlines the responsibility of the Utilities Department. Mr. Campbell said the second page outlines the employees and on the right hand side on the comments he has listed a lot of upgrades and additional people. He stated that he wanted to see how his recommendations compared to the information that would be generated by the salary and wage study. Mr. Campbell said these are grades and levels and the number of people that he feels will take to operate the Utilities Department. He said the next page is the training that they have had, City Council Meeting August 16, 2000 Page 12 which was 1406 hours of training held in the City of Paris and this also saves money for the City of Paris. Mr. Campbell discussed the monthly reports from 1986 through 1996 and compared those, pointing out the difference in the reports. Mr. Campbell asked the City Council to look at report seven, and advised them that this report is ten pages and that starting January of next year it is going to be ten pages every month. Mr. Campbell said the City Council can look at this report and see what information the TNRCC is requiring to be reported on a monthly basis. Mr. Campbell said the new rules and regulations mean that you have to have well trained people to run your water and wastewater systems. Mr. Campbell said the last page of the handout is a budget summary for fiscal year 2000-2001 and the Water Treatment Department shows a 4.40% change in the budget from 1999, the operating budget change is 2.79%, and the capital change is 24.77%. He said the major expenses will be a major postage increase due to the Consumer Confidence Report ($4,000.00); extra chemical costs due to diversion of Pat Mayse water to Lamar Power Partners thus requiring more use of Lake Crook water which requires more treatment ($40,000.00); increased power cost at Pat Mayse Lake because of more pumpage to Lamar Power Partners ($75,000.00); need of fencing the entire sludge disposal field (25,000.00); extend sludge disposal line( $8,000.00); tractor with accessories for use in the sludge field ($70,000.00); extend the shop($12,000.00); level sludge disposal field ($8,000.00); increased TNRCC fees ($5,000.00); and increased local Health Department fees ($4, 800.00). Mr. Campbell said at the Wastewater Treatment Plant the total budget is up 17%, and part of the reason is the major utilities cost. The operating change has an increase of 12% and the capital change is 135% increase. He said the Utilities Department is also in charge of 16 lift stations, and the total change in budget is 40.3%; operating change is 1.3%. Mr. Campbell pointed out that there is a large capital change of 2468.1 % or $112,300.00 which represents two major items. Mr. Campbell said those items are the upgrade of the Sunrise Lift Station and the relocation and rebuilding of the City Lot Lift Station. Mr. Campbell said the first item on this list is chemical cost at the S. E. Lift Station of $15,600.00, and Mr. Campbell said the reason they are having to spend this money is that the sewage in that pipe line City Council Meeting August 16, 2000 Page 13 from the S. E. Lift Station is pumped by pressure pipe right in front of the Holiday Inn and when it comes out at that location, there is an odor. Mr. Campbell said there is a request for a new fence around the FEB Pump Station, which is a requirement of the TNRCC Rules, and the cost is $9, 800.00. A new gas detector is also being requested. Gene Anderson, Director of Finance, presented the budget for the Warehouse Department, and told the City Council that it is identical to the year before, that there is about $2,200.00 difference in the entire budget. Mr. Anderson said that this is in the capital expenditures and it shows a couple of personal computers and a printer. Mr. Anderson also discussed the budget for the Water Billing and Collection Department and stated that there were not a lot of changes in this department from last year to this year. Mr. Anderson said that the Council might want to do rate studies annually instead of every three years, in order to keep from having a spike in the rates. Mr. Anderson advised that he did allow sufficient money to update the most recent study if the City Council wanted to do this, and he has allowed $30,000.00 for this expenditure. Mr. Anderson said on the last page of this budget under capital expenditures is where most of the difference is, other than for the Rate Consultant. Mr. Anderson said there were replacement chairs and the Police Department did a security study for the water office and recommended some additional changes to the system and he has allowed $3,445.00 to do that. He said the high-speed printer that they have that prints out all of their large reports went down this year and is not functioning at all and can not be repaired, so he has place a replacement printer in this budget along with a couple of replacement PC's, which is also needed. Mr. Anderson said the largest item is an insert machine, which is a machine that folds and stuffs the water bills. A motion was made by Councilman Carter, seconded by Councilman McCarthy, to adjourn the meeting. The motion carried 7 ayes, 0 nays. City Council Meeting August 16, 2000 Page 14 MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK