02 City Council (03/11/02)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCII,
CITY OF PARIS
MARCH 11, 2002
The City Council of the City of Paris, Paris, Texas met in regular session,
Monday, March 11, 2002, 6:00 P.M., at the 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: Mayor Pro Tem Richard Manning, Kevin Gray, Joe E.
McCarthy, and John Carter. Also present were City Manager Michael E.
Malone, City Attorney Larry W. Schenk and Assistant City Clerk Thomas E.
Haynes.
The invocation was given by Richard Hart of Christian Fellowship Church.
Mayor Pfiester called the Council's attention to the minutes of previous
meetings, which were approved.
City Manager Malone presented the minutes of the Paris Public Library
Advisory Board, the Airport Advisory Board, and the Paris-Lamar County Board
of Health, with no action being required.
Donna Dorough, Rt. 1, Box 253, Powderly, appeared as an alternate for John
M. Kelley, representing the Agape House Worldwide Ministries, International,
a non-profit medical organization, which has been seeing patients once a month
for four (4) years at Faith Presbyterian Church. Mrs. Dorough related that many
local doctors, medical personnel, and over one hundred unpaid volunteers donate
their time and services to provide health care and free prescriptions to those of
the community who have no medical insurance or who are senior citizens that
have medicare with no prescription coverage. The doctors see approximately
ninety (90) patients a month, with many more coming in to pick up
prescriptions. Since the Police Building will be vacated in the near future, the
Agape Medical Clinic believes this building would be the ideal location and
facility to expand their health services to the needy of the community. She
emphasized that they would like to be the first ones on record to request the use
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March 11, 2002
Page 2
of this building. The old Lamar County Hospital at 625 Washington was
deeded to the ministry by the Family Haven in May of 2000 and, to date, they
have spent nearly $15,000.00 on necessary repairs to the building including
removal of asbestos, repairing flood damage in the basement, repairing
vandalism damage, and mold and mildew removal. Because they rely on
volunteer hours and the costs of more repairs is prohibitive, this building would
not be ready for use until some time in the future. The facility on Washington
Street could later be used for a school and international training center, support
center for fainilies in crisis, a clothing and food distribution a center, and various
other out-reaches to the community. Since the police station, which was
originally the old McCuistion Clinic, could be used exclusively for medical care
and they have an immediate need because they have outgrown the facilities at the
Faith Presbyterian Church, the Agape House was hoping the Council would see
the benefit of the services provided to the elderly and indigent citizens of the
community and would consider either donating the police station to the Agape
House Ministries or allowing the Ministry to buy or rent the facility for $1.00.
This would enable the Agape house to see patients daily, to expand the scope of
their services, and to better serve the needs of the community.
City Manager Malone added that the Lamar Count7 Health Department had
considered relocation to the police building. He stated that these requests will
be reviewed and a recommendation will be made to Council and a decision will
be made at a later date.
Paula McFadden, 875 Pine Valley, Reno, Texas, appeared before the Council
representing the Keep Paris Beautiful Committee, to announce the Don't Mess
with Texas Trash Off which will be held from 8:00 A.M. to 12:00 Noon,
Saturday, April 6t' at the Lamar County Fairgrounds. She encouraged the
Council Members to get people in their districts involved in the clean-up and
presented the Council with Trash Off Posters.
Sherry Lynn Wallace, 738 6th SE, appeared before the Council to complain
about the drainage problem adjacent to her backyard, causing water and trash to
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March 11, 2002
Page 3
run up into her backyard. Mayor Pfiester referred the problem to the City
Engineer.
City Manager Malone presented and read the ordinance adopting the Official
City Limits Map for the City of Paris.
ORDINANCE NO. 2002-013
AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF PARIS,
PARIS, TEXAS, ADOPTING AN OFFICIAL CITY LIMITS MAP; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE,
WAS PRESENTED.
A motion was made to approve the ordinance by Councilman McCarthy,
seconded by Mayor Pro Tem Manning. The motion carried 5 ayes, 0 nays.
Introducing the next item, City Manager Malone related that the Federal
Balanced Budget Act of 1997 required a reduction in the amount of money to be
spent by the Medicare program. The plan for reimbursement to ambulance
services was finalized and published in the Federal Register on February 27,
2002, with the new fee becoming effective on April 1, 2002. They will phase
in the new schedule at 20 % a year for the neat five years and will use a blend
of current payment policy along with the new payment rules. Since the Paris
EMS has provided an Advanced Life Support (ALS) level of service to the
citizens of Lamar County and Paris since 1982, an ordinance recognizing this
long-standing level of inedical care will also provide for the continuation of this
high level of inedical care in the future to the citizens of Paris and Lamar County
and will ensure the maYimum reimbursement for that care. If the Council
chooses not to adopt this ordinance, then the Paris EMS will be reimbursed at
the Basic Life Support (BLS) level which would result in an estimated loss of
$50,000 annually.
City Council Meeting
March 11, 2002
Page 4
ORDINANCE NO. 2002-014
AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF PARIS,
PARIS, TEXAS, RECOGNIZING THE CURRENT LEVEL OF
AMBULANCE SERVICE PROVIDED BY THE PARIS EMS SYSTEM AS
THE ADVANCED LIFE SUPPORT (ALS) LEVEL OF SERVICE;
AMENDING THE CODE OF ORDINANCES, CITY OF PARIS, PARIS,
TEXAS, TO ADD A NEW SEC. 2-99 TO REQUIRE A CONTINUATION OF
ADVANCED LIFE SUPPORT (ALS) AS THE LEVEL OF SERVICE TO BE
PROVIDED IN THE FUTURE BY THE PARIS EMS SYSTEM;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N
CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE,
WAS
PRESENTED.
A motion to adopt the ordinance was made by Councilman Carter, seconded by
Councilman McCarthy. The motion carried 5 ayes, 0 nays.
Resolution No. 2002-048, awarding the bid and authorizing the execution of a
contract for labor and materials to construct a perimeter fence and gates at the
Wastewater Treatment Plant, was presented. A motion to approve was made by
Mayor Pro Tem Manning, seconded by Councilman Gray. The motion carried
5 ayes, 0 nays. The bid was awarded to Emerson Fence Company for
$36,050.00.
Resolution No. 2002-049, authorizing the advertisement for bids for a Year
Model 2002 2-Wheel Drive, 90 HP (PTO) Tractor for the Water Treatment
Plant, was presented. Mayor Pfiester asked if specifications were already written
and if the vehicle came in more than one brand. Herb Campbell, Director of
Utilities, indicated the answer to both questions was afi"irmative. Councilman
McCarthy made a motion for approval of the resolution, seconded by
Councilman Carter. The motion carried 5 ayes, 0 nays.
City Council Meeting
March 11, 2002
Page 5
Resolution No. 2002-050, awarding the bid and authorizing the execution of a
contract for labor and materials for servicing City of Paris vehicles to Paris,
Ford, Lincoln Mercury, was presented. Mayor Pfiester gave the winning bid as
$3,031.00. A motion to approve was made by Mayor Pro Tem Manning,
seconded by Councilman Gray. The motion carried 5 ayes, 0 nays.
Resolution No. 2002-051, approving and authorizing the execution of
Cooperative Agreement No. ATC020223 with the Bureau of Alcohol, Tobacco
and Firearms, setting forth the responsibilities of the operation of the Gang
Resistance Education and Training (G.R.E.A.T.) Program, was presented. A
motion for approval was made by Councilman McCarthy, seconded by
Councilman Gray. The motion carried 5 ayes, 0 nays.
Resolution No. 2002-052, approving and authorizing a Supplemental Grant
Application to the Office of the Governor, Criminal Justice Division, for
additional funding from the Regional Controlled Substance Apprehension
Program Grant for the purchase of equipment to be used in the Texas Narcotic
Control Program, was presented. A motion for approval was made by Mayor Pro
Tem Manning, seconded by Councilman Gray. The motion carried 5 ayes, 0
nays.
Resolution No. 2002-053, accepting the Texas State Library and Archives
Commission Lone Star Libraries Grant #442-02364 in the amount of $6,254.00,
was presented. A motion to approve was made by Councilman Gray, seconded
by Councilman McCarthy. The motion carried 5 ayes, 0 nays.
Resolution No. 2002-054, electing, pursuant to 42 U.S.C. Sec. 300gg-21,
exemption from the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) and the Public Health Services Act (PHS), was
presented. Mayor Pro Tem Manning asked for an explanation of the resolution.
City Attorney Schenk said an explanation of this would be very lengthy, but, in
essence, this resolution would maintain the current coverage as it is. Mayor Pro
Tem Manning made a motion to approve, which was seconded by Councilman
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March 11, 2002
Page 6
Gray. The motion carried 5 ayes, 0 nays.
Resolution No. 2002-055, accepting the proposal of Carter and Burgess for
professional services for a Water Lost and Unaccounted for Study for the
Comprehensive Water Distribution System Audit and authorizing a Professional
Services Contract, was presented. A motion to approve was made by Mayor Pro
Tem Manning, seconded by Councilman Carter. The motion carried 5 ayes, 0
nays.
Resolution No. 2002-056, amending Resolution No. 2002-029, adopted
February 11, 2002, which ordered the regular municipal election for the City of
Paris to be held on the first Saturday in May, 2002, to change the designated
polling places for Council Member District No. 1 and Council Member District
No. 3 as a result of the City's process of redistricting in accordance with the
Federal Voting Rights Act, was presented. The new polling places are Red River
Valley Fair Ground for District 1 and Travis Junior High for District 3.
Councilman Carter made a motion to approve, which was seconded by
Councilman McCarthy. The motion carried 5 ayes, 0 nays.
Resolution No. 2002-057, approving and authorizing the execution of Change
Order No. Three for the contract for the Martin Luther King, Jr. Drive Extension
from 6r'' Street NE. west to N. Main Street, was presented. City Manager Malone
explained that this was to reconcile the contract with the minor changes that had
been made during the construction process to add 64 feet of 5 foot by 3 foot box
culvert to be constructed where the concrete line channel intersects with Hickory
Street, which made a net increase of $23,880.00 in the contract price for a total
contract price of $468,655.00. City Engineer Sean Napier indicated the street
would be open this week Councilman McCarthy made a motion to approve,
seconded by Councilman Carter. The motion carried 5 ayes, 0 nays.
Resolution No. 2002-058, accepting the proposal of Hayter Engineering for
engineering services for preliminary work for the realignment of Stillhouse Road
and authorizing an Engineering Service Contract, was presented. City Manager
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March 11, 2002
Page 7
Malone indicated that one of the main projects identified in the 2000 Certificates
of Obligation Issue was to realign Stillhouse Road between Clement Road and
the Loop, in correlation to the Texas Department of Transportation and the
alignment to the overpass. This is just preliminary work and a Fly-Over Survey,
which is a modern survey technique, will be used to identify all of the landmarks
for the establishment of right-of-ways. Hayter Engineering will be presenting
several possibilities of right-of-ways for consideration. City Manager Malone
indicated that it was necessary to have metes and bounds or a survey for the
purchase rights so they will know where they are going. Mayor Pro Tem
Manning made a motion to approve, seconded by Councilman McCarthy. The
motion carried 5 ayes, 0 nays.
Resolution No. 2002-059, approving and authorizing the Mayor to execute and
the Assistant City Clerk to attest to a Lease Agreement by and between the City
of Paris and Paris Junior College for the lease of property necessary for the
creation of a multi-purpose sports complex, was presented. City Manager
Malone explained that when the survey was completed, it would be an addendum
to the lease agreement with the college. Professional engineering and
architectural services would be procured. Terry Townsend, Public Works
Director, has already sent out for proposals and would bring the
recommendations back to the Council. Councilman McCarthy made a motion to
approve, whichwas secondedby Councilman Carter. The motion carried 5 ayes,
0 nays.
City Manager Malone recommended tabling action on accepting a Deed of
Donation of property from Era Mae Franklin, located at 1728 Maple Avenue, to
give City Staff time to examine the issue and possibly figure out another
solution. A motion to table the action was made by Mayor Pro Tem Manning,
seconded by Councilman McCarthy. The motion was approved 5 ayes, 0 nays.
Mayor Pfiester called for discussion of possible sites for the location of a new
Police/Municipal Courts Building. City Manager Malone reminded the Council
that they were instructed in previous meetings to issue Certificates of Obligation
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March 11, 2002
Page 8
to finance the construction of the new complex and an architect did preliminary
work to show what the building might look like. Police Chief Karl Lewis and
the architect looked at a number of properties throughout the community.
Contacts have been made with owner/agents of thirteen (13) differentproperties,
which were shown on the map provided by the City of Paris Engineering
Department. The City Attorney's Office prepared a document, discussing the
properties and their owners, responses and proposals. Property No. 1 was offered
by Rodgers - Wade, which is known as the UARCO Building. Properties two
(2) through thirteen (13) are properties the police department already had under
consideration. Responses from property owners are shown on the paper.
After reviewing all the properties and the offers that were made, City Attorney
Larry W. Schenk indicated that the consensus was that property No. 1, the
UARCO Building, was the best offer and the best siting of the new Police /
Municipal Courts Building, based on square footage, location, and size. The
property has an 83,000 square foot building on approximately 23.2 acres of
land. The building has been examined by an architect and deemed adaptable to
the requirements of the Police Department. The site is strategically placed near
Paris Junior College, the Civic Center, Paris High School and the proposed
Sports Complex. The facility has access to two (2) major streets. The original
offer was for $1,600,000.00 but was negotiated down to $1,275,000.00.
Rodgers-Wade plans to build a similar size structure on their property on SW
3~d Street.
Police Chief Lewis said that the building would suit all of their needs and looks
like a very solid building. It would be his first choice of all the locations.
Mayor Pfiester felt the price and location were both excellent and recommended
approval of the proposal and felt the facility would be sufficient at least for the
neat thiri7 (30) years. He commended the staff and police department for their
efforts in getting this project moving.
City Manager Malone indicated there would have to be a parking lot constructed
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March 11, 2002
Page 9
for the public, but there was a large parking lot which could be used for police
vehicles. He also noted that there was access from West Collegiate for another
driveway, if needed. He mentioned the beautiful landscaping already on site, so
a great deal of money will not have to be spent for that. He said that although
the purchase of this building would take it off the taY rolls, Rodgers - Wade
plans to build a comparable building adjacent to their main location on 3~d Street
SW which would be taxable and would be of roughly equal value, thus
mullifying the loss to the taY base for this transaction.
City Attorney Schenk indicated that the six (6) months requested by Rodgers -
Wade would not be wasted. They would have access to the building and the
architect could make the designs for remodeling.
Resolution No. 2002-060, authorizing City Staff to negotiate an earnest money
contract with Rodgers - Wade for the purchase of the site for the new Police and
Municipal Courts Building, was presented. A motion to approve was made by
Mayor Pro Tem Manning, seconded by Councilman Gray. The motion carried
5 ayes, 0 nays.
A request in change of zoning of Lot 8 and 9, Block 1, Pine Bluff Addition,
1400 Block of East Price Street, owned by Mabel MaYine Cooper, from a Two
Family Dwelling (2F) to Multiple Family Dwelling was referred to the Planning
and Zoning Commission for their consideration at their meeting on April lst.
There being no further business, the meeting adjourned.
Michael J. Pfiester, Mayor
ATTEST:
Thomas E. Haynes, Asst. City Clerk