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02 Council Minutes (01/10/02)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL Januryl0, 2002 The City Council of the City of Paris met in regular session, Thursday, January 10, 2002, 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 meeting held January 7, 2002, and attached hereto as Exhibit A to these minutes. Mayor Pfiester declared the public hearing open to consider the abandonment of a twenty (20) foot alley from 13th Street NW to 14th Street NW between Bonham Street (U.S. Highway 82) and Maple Avenue. Mayor Pfiester called for proponents to appear, and none appeared. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. Ordinance no. 2002-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ABANDONING AN LJNNAMED TWENTY (20) FOOT ALLEY, BEGINNING AT THE WEST BOUNDARY LINE OF 13Tx STREET NW GOING WEST TO THE EAST BOUNDARY LINE OF 14Tx STREET NW LOCATED BETWEEN BONHAM STREET (U.S. HWY 82) AND MAPLE AVENUE IN CITY BLOCK 189; DECLARING NO NECESSITY OR NEED FOR SAID ALLEY FOR CITY USE OTHER THAN FOR DRAINAGE AND UTILITY EASEMENTS, WHICH ARE EXPRESSLY RETAINED BY THE CITY OF PARIS; AND PROVIDING Minutes of the City Council January 10, 2002 Page 2 FOR AN EFFECTIVE DATE OF MARCH 1, 2002, WAS PRESENTED. A motion was made by Plata, seconded by Mayor Pro Tem Manning, for approval of the ordinance. The motion carried 6 ayes, 1 nay, Councilman McCarthy voting no. Resolution No. 2002-001, authorizing the Mayor of the City of Paris to execute on behalf of the City of Paris, deeds of abandonment conveying to the adj acent owners of a 20 foot alley beginning at the west boundary line of 13th Street NW, going west to the east boundary line of 14th Street NW located between Bonham Street (US Hwy 82) and Maple Avenue in City Block 189, in accordance with the laws of the State of Texas, the City's interest; that the City of Paris retain drainage and utility easements in the areas to be abandoned as described in the above-referenced deed of abandonment, was presented. A motion was made by Councilman Bell, seconded by Councilman Carter, for approval of the resolution. The motion carried 6 ayes, 1 nay, Councilman McCarthy voting no. Mayor Pfiester called for consideration of and action on the Final Plat of Paris Towne Crossing Addition, Lots 107, Block 1, being located in the 3100 Block of Loop 286 N. E. A motion was made by Councilman Bell, seconded by Councilman Carter, for approval of the Final Plat of Paris Towne Crossing subject to the requirements of the City Engineer. The motion carried 6 ayes, 1 nay, Councilman McCarthy voting no. Mayor Pfiester announced that the next item on the agenda was discussion and consideration of issues of cooperation for and scheduling of a joint meeting with the Lamar Council Commissioners Court. Mayor Pfiester stated that the County wanted to discuss the ambulance contract, but that Minutes of the City Council January 10, 2002 Page 3 he felt if we were going to discuss one of the issues, it would only be appropriate to discuss all of the issues. A proposed agenda was faxed to Judge Superville and we did not receive a response back so we could not post that meeting. Mayor Pfiester asked the Council for direction as to whether these issues should be pursued, and if so what issues should be pursued. City Manager Malone advised that the City Council had been furnished a copy of a proposed agenda that was faxed to Judge Superville on Monday, January 7, 2002, at 1:25 P.M. that was ready for posting at 6:30 P. M. by the County, a proposed meeting which was scheduled for 6:30 P.M. on Thursday, January 10, 2002. City Manager Malone said he made a telephone call to the County Judge who was unavailable and he asked Judge Superville's secretary to make the Judge aware that there was a proposed agenda for the County and confirmed that it was in the Judge's office. He said he checked back later in the afternoon with no response, and shortly before 5:00 P.M. he called back to see if it was posted. The secretary told the City Manager that "the Commissioners received the agenda too late to act upon it." Mayor Pfiester said this agenda was to discuss issues of joint cooperation with Lamar County, including the Emergency Medical Service contract, and he felt that if the City Council was going to discuss one of the issues, it would be appropriate to discuss all of the issues. On the day it was sent to the County, the City did not receive a response back from Judge Superville and therefore the agenda was not posted. Mayor Pfiester said it was up to the City Council if they wanted to pursue this and he would like to have directions from the Council. The Mayor stated that a lot of issues and areas of joint cooperation had come up and he felt that a joint meeting would be beneficial to both the City and the County. The City Manager told the City Council that the city can prepare a new letter and Minutes of the City Council January 10, 2002 Page 4 furnish the same proposed agenda items to all of the Commissioners. Councilman Plata said that there were a few things on the proposed agenda that he did not feel should be included. Councilman Plata pointed out the item on law enforcement services as an example. City Manager Malone explained the law enforcement item saying the topic of discussion would be the cooperation that is desired and what way the city needs to make arrangement for that cooperation. He advised that in the past, there have been instances when the use of the City's swat team was requested by the County. The City Manager said that state law has provisions to allow the City's swat team to operate in the county outside the city limits. He pointed out this puts city employees at risk and the city's budget provides for this service. City Manager Malone also said he was sure there were instances where the Sheriff Department has assisted the City of Paris Police Department in matters. City Manager Malone further advised that the Police Chief had told him that the County Attorney would like to have a formal agreement between the entities for this particular service. He said these are areas of discussion which could result in saving money for both entities. The City Manager said that in most instances the citizens of Paris are providing the financial support for services that are being rendered to citizens living outside the city limits; and the City is not receiving any financial support from the County. He said these are issues that need to be discussed either unilaterally or together. The City Council can also choose to make other decisions as to whether some of the services should be provided at alL Mayor Pro Tem Manning discussed the need for emergency use by the County of the swat team and Mayor Pfiester stated that often there were prearranged agreements for such services and he felt that if we were going to have a formal meeting on these items, then we could get formal agreements in place to provide for these services. Minutes of the City Council January 10, 2002 Page 5 After a considerable amount of discussion, Mayor Pfiester called for a vote by show of hands of those Council Members who wished to continue to pursue these issues. It was the consensus of the City Council to continue to pursue the matter of a joint meeting with the County Commissioners with five Members voting yes, with Mayor Pro Tem Manning and Councilman McCarthy voting no. City Attorney Schenk presented the following petitions for rezoning: Tracy Clay, Lots 3& 4, Block 1, Locust Hill Addition, being the 300 Block of Brown Avenue, from Two-Family Dwelling District to a One-Family Dwelling No. 3 District; Joe Chamy, Lot 2, City Block 308, 500 Block of 19th S. W., from an Agricultural District to Single Family Dwelling District Three on Tract 1 and to a Planned Development District Housing Development on Tract 2, Lot 2, City Block 308, being 500 Block of 19th Street SW. Mayor Pfiester referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting scheduled for February 4, 2002, and before the City Council February 7, 2002. 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 7 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR Minutes of the City Council January 10, 2002 Page 6 ATTEST: MATTIE CLJNNINGHAM, CITY CLERK