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02 City Council (02/11/02)MINUTES OF THE CITY COUNCII, OF THE CITY OF PARIS February 11, 2002 The City Council of the City of Paris met in regular session, Monday, February 11, 2002, at 6:00 P. M., Paris Junior College, 2400 Clarksville Street, Room 1016, Paris, Texas. Mayor 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. Invocation was given by Mr. Jeff Fraiiklin of the Christian Fellowship Church. Mayor Pfiester announced that the City Council had been furnished copies of minutes of previous meetings and asked if there were any changes or additions to the minutes. There being no changes, the minutes were approved as presented. Mayor Pfiester called for receipt of reports from committees, boards, and commissions. City Manager Malone reported that minutes from the Paris Public Library Advisory Board, Paris/Lamar County Board of Health, Airport Advisory Board, Main Street Project Advisory Board, and the Paris Economic Development Corporation had been furnished with no action being required. Mr. Chris N. Cox, Customer Accounts Manager, First Choice Power, was present, giving a visual presentation and discussing with the City Council the corporate structure, services, and operation of First Choice Power as the City's Retail Electric Provider through the Cities Aggregate Power Project. City Attorney Schenk gave an explanation of how the City of Paris came to be involved in the Cities Aggregation Power Project and how First Choice Power was chosen to supply power for the cities in CAPP. He said that with deregulation it was necessary for the city to compete in the open market for the best price for power and that the City of Paris joined seventy-plus other cities to City Council Meeting February 11, 2002 Page 2 compete for the pricing of electric service to each of the cities, including the City of Paris. Because of the size of the electrical load represented by the group of cities, there was very intensive competition, but First Choice Power had the lowest per kilowatt price that was offered to that aggregate of cities. City Attorney Schenk said that, in joining with over seventy cities, the city could get that kind of competitive pricing. The City is hoping that as a result of this process, the City of Paris as an entity will have a lower cost for power which could impact the taY rate and all of the other expenses. Mayor Pfiester acknowledged the presence of Lisa McAllister in the council chambers in support of Items 4-B (1) a and 4-B (1) b. Resolution No. 2002- 026, designating that a model year 1997 Ford F350 Type 1 Ambulance, Vehicle Identification Number 1FDKF3FOVEBI8087, as obsolescent and surplus property, no longer appropriate for use as an ambulance by the City of Paris EMS Ambulance Service; finding a public need and necessity in transferring said surplus property to the Lamar County Chapter of the American Red Cross; accepting a donation from Lamar County to defray fifty percent (50%) of the trade-in value of said ambulance; approving donation of said ambulance to the Red Cross; authorizing payment by the City of Paris of the remaining value of said ambulance as a trade-in towards the purchase of a new ambulance; repealing prior Resolution No. 2002-002; making other findings and provisions related to the subject; and declaring an effective date, was presented. A motion was made by Councilman Gray, seconded by Councilman Bell, for approval of the resolution. The motion carried 6 ayes, 0 nays. Councilman John A. Carter, Jr. entered the council chambers and assumed his seat at the council table at 6:20 P. M. Resolution No. 2002-027, repealing Resolution No. 2001-184 and 2002-003; authorizing the execution of a new purchase order for one (1) ambulance through the Houston-Galveston Area Council of Governments; providing for funding in lieu of trade-in; making other findings and provisions related to the subject; and providing an effective date, was presented. A motion was made by Mayor Pro City Council Meeting February 11, 2002 Page 3 Tem Manning, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Melenie Barajas, 865 38r'' Street SE, appeared before the City Council stating that her dog was severely injured when he was attacked by a pit bull and could have been saved if the officer had adhered to proper procedures. Ms. Barajas said her dog, King, was injured and in need of immediate medical attention, and Officer Bullard knew it as four or five witnesses were there telling him so. She said these compassionate witnesses were concerned about seeking immediate medical attention for her family pet of nine years, and which was denied by the officer as he informed them that there were proper procedures to follow. Ms. Barajas said she would like for it to be known to all police officers the proper procedures of animal control and urged them to be adhered to. She said that Officer Bullard failed to comply with the procedures that are already in place when he ignored the witnesses' concern for King and deliberately and intentionally left him in the back of an animal control truck for eighteen hours with no food, water, or proper care. She stated that the end result was the inhumane death of her companion animal of nine years. Ms. Barajas submitted that police officers take animal control classes provided free from the Texas Board of Health Department and the Humane Association. This would aid officers in animal control and help ensure safety of the officers, citizens and animals at no cost to the city. Ms. Barajas stated that she would like Officer Bullard severely disciplined or terminated due to not following proper procedures already in place, which are the ones that he assured the witnesses that he would follow, and further stated that records must be accurate and consistent. Ms. Barajas read a memorandum addressed to City Manager Michael Malone regarding this incident and attached hereto as Exhibit A to these minutes. Dr. Michael Leddy, 3150 Clarksville Street, came forward asking the City City Council Meeting February 11, 2002 Page 4 Council to recall that in October of last year they passed Resolution 2001-163 establishing the City of Paris as a City of Character with the International Association of Character of Cities. In conjunction with that resolution, Mayor Pfiester formed a Character Council to assist in this project and he was present representing that Character Council. Dr. Leddy advised the City Council that from their mission statement, their goal is to strengthen the citizens, their fainilies and the community by promoting excellence in character, thereby to become known as a City of Character. Dr. Leddy read a note of appreciation from the Character Council. He presented the City Council with a copy of the note of appreciation along with a book, Achieving True Success, How to Build Character as a Family, character calendars, and a pocket card with the character qualities on it. The City Manager advised the City Council that a copy of a memorandum was included in the agenda packet outlining the dates available for the Character First Training, which will be conducted at Paris Junior College. He said as soon as a date has been selected by the city, he would let the people know in Oklahoma City. A motion was made by Councilman McCarthy, seconded by Councilman Bell, to receive a petition for annexation of an approximately 14.310 (called 14.526) acre tract of land owned by D. Wayne Brown, Chad Brown, and Cade Stone, d.b.a. BrownstoneDevelopment; JuniorFowler, d.b.a. FowlerHomes, Inc.; Kent John Hill; Lyn Hill; Bradley K. Drake; and Julie L. Drake. The motion carried 7 ayes, 0 nays. Resolution No. 2002-028, granting a petition for annexation of certain territory consisting of 14.310 (called 14.526) acres, more or less; 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 Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2002-007 City Council Meeting February 11, 2002 Page 5 AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 14.310 (CALLED 14.526) ACRES, MORE OR LESS, AS REQUESTED BY PETITION OF THE OWNERS THEREOF; GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N CONFLICT HEREWITH; AND PROVIDING 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. ORDINANCE NO. 2002-008 AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING SECTION 26-1 OF SAID CODE, PROVIDING FOR EXPANSION OF THE POLICE DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATED, 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. Resolution No. 2002-029, ordering the regular municipal election of the City of Paris, Paris, Texas, to be held on the first Saturday in May, 2002, same being City Council Meeting February 11, 2002 Page 6 the 4`1' day of May, 2002, between the hours of 7:00 o'clock A. M. and 7:00 o'clock P.M. by the qualified voters of Districts 1, 2, 3, and 6 of the City of Paris, Paris, Texas, with early voting for the same being conducted in the City Hall Annex West, from the 17"' day of Apri12002, through the 30"' day of April 2002, Monday through Friday, between the hours of 8:00 o'clock A.M. and 5:00 o'clock 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 years, providing for election officials; providing for notice; making other findings and provisions related to the subject; and declaring an effective date, was presented. A motion was made by Councilman Carter, seconded by Councilman Gray, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-030, approving the purchase of labor and materials to build a fence around the Wastewater Treatment Plant, that such purchase of labor and materials be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 lst Street SE, Paris, Texas, until 3:00 o'clock P.M. on Tuesday, March 5, 2002, 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 2002-031, approving the purchase of labor and materials for servicing City of Paris vehicles, and that such purchase of labor and materials be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 lst Street SE, Paris, Texas, until 3:00 o'clock P.M. on Tuesday, March 5, 2002, at which time said bids will be opened in the City Council Chamber, 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. Mayor Pfiester announced that the next item to be considered was Agenda Item 8-F (1), awarding the bid and authorizing the purchase of CRS-2 Emulsion Asphalt for use in the Street Division of the Public Works Department. Taking City Council Meeting February 11, 2002 Page 7 the item out of order, Mayor Pfiester asked City Attorney Schenk to explain the method of awarding a tie bid. City Attorney Schenk advised that there was a tie bid for the item and the State Statutes provide that the Mayor specifies the method to break the tie and it will be by casting of lots. It was the consensus of the City Council to use the method of flipping a coin. Mayor Pfiester said the Ergon Asphalt & Emulsion will be heads and Southern Asphalt & Petroleum, Inc., will be tails. The flip of the coin showed tails resulting in awarding of the bid to Southern Asphalt & Petroleum, Inc. Mayor Pfiester advised that there was also a tie bid under Agenda Item 8-I (1) awarding the bid and authorizing the purchase of Flexible Base Material (Tack Oil) for use in the Street Division of the Public Works Department, and the City Council would use the flipping of a coin to determine the successful bidder. Mayor Pfiester said Ergon Asphalt & Emulsion would be heads and Southern Asphalt & Petroleum, Inc., would be tails. The flip of the coin showed tails resulting in awarding of the bid to Southern Asphalt & Petroleum, Inc. Mayor Pfiester called for Item 8-D. Resolution No. 2002-032, awarding the bid for furnishing and delivery of Flexible Base Material (White Rock) for use in the Street Division of the Public Works Department, in the amount of $8.00 per ton to Jackie Wheeler Construction, was presented. A motion was made by Councilman Bell, seconded by Councilman Gray, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-033, resolving that the bid of Coston & Son, Inc., for furnishing and delivery of Portland Cement Concrete for use in the various divisions of the Public Works Department, in the amount of $66.00 per cubic yard for Class "A" and $69.50 per cubic yard for Class "C" is hereby accepted and let, conditioned upon said vendor meeting all of the terms and specifications included in the bid documents, was presented. A motion was made by Councilman Bell, seconded by Councilman Gray, for approval of the resolution. City Council Meeting February 11, 2002 Page 8 The motion carried 7 ayes, 0 nays. Resolution 2002-034, awarding the bid to Southern Asphalt & Petroleum, Inc., in the amount of $.7422 per gallon for furnishing and delivery of CRS-2 Emulsion Asphalt for use in the Street Division of the Public Works Department, was presented. A motion was made by Councilman Bell, seconded by Councilman Gray, to award the bid to Southern Asphalt & Petroleum, Inc., in the amount of $.7422 per gallon. The motion carried 7 ayes, 0 nays. Resolution 2002-035, resolving that the bid of Jackie Wheeler Construction for the furnishing and delivery of Flexible Base Material (Red Rock) for use in the Street Division of the Public Works Department, in the amount of $8.25 per ton, is hereby accepted and let conditioned upon said vendor meeting all of the terms and specifications included in the bid documents, was presented. A motion was made by Councilman Bell, seconded by Councilman Gray, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-036, resolving that the bid of Buster Paving, a Division of APAGTexas, Inc., for the 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, in the amount of $32.25 per ton, is hereby accepted and let, conditioned upon said vendor meeting all of the terms and specifications included in the bid documents, was presented. A motion was made by Councilman Bell, seconded by Councilman Gray, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-037, resolving that the bid of Southern Asphalt & Petroleum, Inc., for the furnishing and delivery of SS-1 Emulsion Asphalt (Tack Oil) for use in the Street Division of the Public Works Department, in the amount of $0.7422 per gallon, is hereby accepted and let, conditioned upon said vendor meeting all of the terms and specifications included in the bid documents, was presented. A motion was made by Councilman Bell, seconded by Councilman Gray, for approval of the resolution. The motion carried 7 ayes, 0 City Council Meeting February 11, 2002 Page 9 nays. Resolution No. 2002-038, resolving that the bid of Buster Paving, a Division of APAGTexas, Inc., for the furnishing and delivery of Hot Mix Cold Laid Asphalt, Type "A" (Coarse Base), Material for use in the Street Division of the Public Works department in the amount of $32.25 per ton, is hereby accepted and let, conditioned upon said vendor meeting all of the terms and specifications included in the bid documents, was presented. A motion was made by Councilman Bell, seconded by Councilman Gray, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-039, resolving that the bid of Martin Marietta Materials/Meridian Aggregates for the furnishing and delivery of Aggregate Cover Stone (Type B, Grade 4, Uncoated) for use in the Street Division of the Public Works Department, in the amount of $14.50 per ton, is hereby accepted and let, conditioned upon said vendor meeting all of the terms and specifications included in the bid documents, was presented. A motion was made by Councilman Bell, seconded by Councilman Gray, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-040, resolving that the bid of Buster Paving, a Division of APAGTexas, Inc., for the furnishing and delivery of Hot Mix Cold Laid Asphalt Type "F" (Fine Miature) Material for use in the Street Division of the Public Works Department, in the amount of $34.25 per ton, is hereby accepted and let, conditioned upon said vendor meeting all of the terms and specifications included in the bid documents, was presented. A motion was made by Councilman Bell, seconded by Councilman Gray, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-041, appointing Angela Freeman to serve the unexpired term of John Gooding, which ends June 30, 2002, as a member of the Traffic Commission of the City of Paris. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, for approval of the resolution. City Council Meeting February 11, 2002 Page 10 The motion carried 7 ayes, 0 nays. Resolution No. 2002-042, authorizing and directing the Mayor to execute on behalf of the City of Paris, the taY resale deed and any and all documents necessary to convey the property described in Lot 1, Block 4, Harlan Heights Addition, being number 1074 16r'' Street NE, was presented. A motion was made by Councilman Bell, seconded by Councilman Gray, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-043, authorizing the City Manager and the City Attorney to negotiate, and the City Manager to execute an engineering services contract with Bucher, Willis & Ratliff to perform engineering services related to the construction of a new elevated water storage tank and associated water lines; and said engineering service to be funded from surplus funds identified as such by the City Engineer in the Waterworks and Sewer System Revenue Bonds, Series 2000, 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. 2002-044, authorizing the City Manager, City Attorney, and City Engineer to acquire necessary property for siting a new elevated water storage tank and easements for associated water lines, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Councilman Plat raised a question about the possible location of the elevated storage tank. City Manager Malone explained the need to locate the structure on high ground in the general vicinity of 19r'' and Bonham. Resolution No. 2002-045, authorizing the City Manager and the City Engineer to solicit proposals and negotiate a contract in accordance with State law for a production study of the Water Treatment Plant of the City of Paris, 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. City Council Meeting February 11, 2002 Page 11 City Attorney Schenk presented the following petitions for rezoning: Roddy and Linda McCarrell, Lot 2, City Block 317-A from Agriculture District to Commercial District; Robert & Melissia Giberson, Lot 39, City Block 83, from a Two Family Dwelling District to a One Family Dwelling District No. 3 with Specific Use Permit (3 9) Manufactured Home; and Ron Gowin, part of Lot 27B, City Block 251, from Commercial District to Commercial (0) with Specific Use Permit (49) Auto Fuel Sales. There being no further business, a motion was made by Councilman Gray, seconded by Councilman Carter, to adjourn the meeting. The motion carried 7 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK