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02 City Council (05/13/02)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL May 13, 2002 The City Council of the City of Paris met in regular session, Monday, May 13, 2002, at 6:00 P. M., Paris Junior College, 2400 Clarksville Street, Room 1016, 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, Willie J. Weekly, Sr., Francine Neeley 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 Robbie Russell of the Christian Fellowship Church. Mayor Pfiester announced that the City Council had been furnished copies of minutes of the previous meetings and asked if there were any changes or additions to the minutes. There being no change, the minutes were approved as presented. City Manager Malone reported that minutes from the Paris Public Library Advisory Board had been furnished with no action being required. City Manager Malone also reported that the minutes from the Paris Economic Development Corporation had been furnished with no action being required. City Manager Malone said that Mr. Gary Vest was scheduled to give the quarterly report for the Paris Economic Development Corporation, but that Mr. Vest advised that he would be late due to other obligations. The City Manager requested that Agenda Item No.3B.1 be tabled until later in the meeting. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, to table Agenda Item No. 3B.1. The motion carried 7 ayes, 0 nays. The minutes of the Paris Band Commission had been furnished with no action being required. City Manager Malone advised that Agenda Item No. 3D.1 is an ordinance that revises the Code of Ordinances to place stop signs at various locations. He said City Council Minutes May 13, 2002 Page 2 the Traffic Commission did not meet to consider these locations, but these stop signs, for the most part, are in place under the authority of the Police Chief and City Engineer and were recommended by Assistant Police Chief James Barnett who provides staff support to the Traffic Commission. ORDINANCE NO. 2002-026 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; REPEALINGALL ORDINANCES ORPARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman McCarthy, seconded by Councilman Weekly, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Pfiester declared the public hearing open to receive citizen input regarding an amendment to the Code of Ordinances of the City of Paris repealing Article III of Chapter 7, Sections 7-46 through 7-53 of the Code of Ordinances of the City of Paris, entitled "Hazardous Buildings"; adopting a new Article III, Sections 7-46 through 17-53, entitled "Substandard and Dangerous Buildings"; adopting Article IV of Chapter 7, Sections 7-81 through 7-89, entitled "Secured Building Permit"; and establishing a Building and Standards Commission. Mayor Pfiester called for anyone who wished to speak to come forward. Mary Clark representing Keep Paris Beautiful and the new Paris Living - A Community Development Corporation, came forward stating she was present City Council Minutes May 13, 2002 Page 3 as a follow-up to her last appearance asking for budgetary increases for the removal of dilapidated houses and code enforcement. She noted that a lot of those funds have not been used because the City has not had an updated ordinance. Ms. Clark said these organizations put an enormous amount of volunteers hours into their efforts to revitalize the interior of Paris. They felt that the city is their partner in their efforts. One thing the city brings to the table is the writing of strong ordinances and their enforcement. The proposed ordinance is a strong ordinance and it will do a lot to clean up some of the burned and dilapidated structures. Mrs. Clark encouraged the City Council to appoint strong persons for the new Building and Standards Commission. She pointed out that it is not easy for citizens to enforce codes. Ms. Clark again urged the City Council to support this ordinance through the budgetary process that will be coming up shortly. Ms. Clark said they were asking that the City Council adopt the ordinance, appoint the best commissioners that they can, and increase the budget to carry out this ordinance. No one else appeared and the public hearing was declared closed. City Attorney Schenk advised the City Council that there are a few additions to the ordinance that he has made and pointed out Page 6, Paragraph 7 of the ordinance and read that portion as follows: "In its deliberation and selection of the remedies to apply to a building or structure found not to comply with the requirements of this article, the commission shall consider evidence presented by the owner, lienholder, mortgagee, or other interested party of the historical importance, significance, or character of the building or structure." City Attorney Schenk explained that if you have a building that is found to be structurally unsound, but it may be of historical importance, the commission should consider evidence from the owner or the structure as well as the Main Street Board or anyone else as to the nature of that historical significance. When the commission issues an order as to what to do with the building, they will also take that information into account when they issue the order. City City Council Minutes May 13, 2002 Page 4 Attorney Schenk thought that these changes would go along way towards helping address the concerns as to how to handle a building that has historical importance. Councilman McCarthy wanted to know if a building with historical significance could stay regardless of its condition. City Attorney Schenk advised that if a complaint is made and the building is identified as vacant and perhaps substandard, and if the city staff gets a warrant to look at the building to see if it is a health and safety hazard, they will prepare a case and present that to the commission. The commission will then consider the evidence that they hear from the owner or whoever else is called to appear at the public hearings along with the owner, mortgagee, or other interested parties and testimony as to what they intend to do to bring the building up to standard. City Attorney Schenk said if the commission finds that the building is a health and safety risk and is substandard, at that point before they issue an order to do something about the building, they can hear evidence of fact that this is typically a building of historical significance. The commission may allow more time for repair of the building. Councilman Plata wanted to know if the commission would be appointed by the City Council. City Attorney Schenk advised that all of the members would be appointed by the City Council just like all other boards. Councilman Bell said he would like for the Code Inspectors to check the structure first. City Attorney Schenk pointed out the problem with that is you engage yourself in an argument about who is right and if the problem is authentic. Councilman Bell said the property owner should know about the problem before he gets slapped with a citation. The City Attorney said that what would happen once the Code Inspector looks at the building and finds, in their opinion, that the structure is substandard they will write up a report and prepare a case file. He said the ordinance requires notices to the property owner, the mortgage company, and the lien holder before the property can be City Council Minutes May 13, 2002 Page 5 given to the Building and Standards Commission. Councilman Bell said someone is going to have to go to the Courthouse and look up the deed and deed of trust. The City Attorney stated that is what state law says we have to do, and if you do not notify them, the city has wasted staff time. If this is not done in conformance with the ordinance, then the work will not count. Mayor Pfiester asked Police Chief Karl Louis how much and what types of illegal activity happens in vacant houses. Chief Louis came forward telling the City Council that there is a significant amount of illegal activities occurring in vacant houses, but it depends where the house is located and whether it is a high crime rate area. He said they do work crack and dope houses, and they do have a considerable amount of activity in vacant structures. Councilwoman Neeley questioned the process that the police and the Code Inspectors will use in dealing with these types of activities. City Attorney Schenk said the Code Inspector will fill out a case file and they will go and look at the property from the right-of-way, which is what they have to do now with weeds, junk, and litter. If the property appears to be dilapidated and the code inspector feels that there is sufficient evidence to show it is a risk and if there has been a complaint from a neighbor, they will fill out an affidavit, assuming that this ordinance is approved, and they will seek an administrative warrant from the Municipal Court Judge. The Judge will look at that information and if he finds that there is sufficient evidence to justify going on to the premises of the property, he will issue the administrative search warrant. The Code Inspector will then go on to the premises and inspect the interior of building. City Attorney Schenk said if there are other serious code violations, the Code Inspector will document those problems, tag the building as being dangerous, and complete the file. He said the Code Inspectors will issue the necessary notices after researching the ownership. The Code Inspectors will bring that information before the Building and Standards Commission. City Attorney Schenk read the section regarding Notice - Dangerous Building of the proposed City Council Minutes May 13, 2002 Page 6 ordinance. Councilman McCarthy wanted to know how long it would take to eliminate the eyesore on 7th NW and Henderson. The City Attorney estimated it would take at least sixty days after the effective date of the ordinance and the appointment of the members to the Commission. After further discussion, a motion was made by Councilman McCarthy to table action on this item and have another meeting and public hearing. The motion was seconded by Councilman Plata. The motion carried 7 ayes, 0 nays. Councilman John Bell asked that the agenda for the next meeting and the ordinance be on paper and not on electronic disk. A motion was made by Councilman McCarthy, seconded by Councilwoman Neeley to bring Agenda Item No. 3B.1, Gary Vest, Director of Economic Development/Chamber of Commerce CEO, presenting the Paris Economic Development Corporation quarterly report, from the table. The motion carried 7 ayes, 0 nays. Gary Vest, Director of the Economic Development/Chamber of Commerce CEO, came forward presenting the City Council with a notebook containing a new flyer on the K-Mart Building as well as other information. He advised that they are mailing out about five thousand of those under their ad campaign. Mr. Vest called the Council's attention to the brochure for the jewelry industry which had been mailed to every jewelry manufacturer in the United States. He also reported that they had attended a show in New York from March 8 to the 12th where all of the jewelry manufacturers were represented. Mr. Vest told the City Council that their ad campaign has generated eighteen leads and they have had four leads from the Texas Department of Economic Development and have developed two leads from the Jewelry Trade Show. Mr. Vest reported that PEDC made an incentive payment to Turner City Council Minutes May 13, 2002 Page 7 International Piping. In accordance with the initial incentive package, Turner has employed a certain number of people for the past four years. They have also added 30,00 square feet to their plant and installed two pipe bending machines; this represents a three and one-half million dollar expenditure. Mr. Vest said they had a meeting in February with Oncor's Economic Development Department. They brought all of the cities in the northeast Texas area together to talk about ways that they might coop with Oncor in the market. He felt that this was a very fruitful meeting. Mr. Vest attended a meeting in February in San Diego, California, for the Market Texas Program. He met with bio-tech companies. There was only one company that was fairly interested in doing something in Texas, but they were looking for opportunities to expand with other bio-tech companies. Mr. Vest said the Mayor and City Manager attended the Northeast Texas Regional Mobility Council with him on Apri124 through 26, 2002. He said that some of the groups that they work with on a regular basis is the Northeast Texas Round Table, and Texas Economic Development Council which is a state-wide association. Mr. Vest passed around the Greater Dallas Industrial Guide so the members of City Council could look at the PEDC advertisement that was in the Guide. Mr. Vest reported that on February 5, 2002, he had testified about sales tax before the Texas Economic Development Corporation. He testified on the same topic before the House Ways and Means Committee on Apri124, 2002. Mr. Vest reported that PEDC is still trying to develop the 140 acre Northwest Industrial Park which belongs to the Paris Industrial Foundation. Mr. Vest said they had to go all the way to the Texas Supreme Court to receive a ruling in favor of the Paris Industrial Foundation that they did have proper title to the property. They now hope to develop this property. Mr. Vest advised that they City Council Minutes May 13, 2002 Page 8 were waiting on a survey that Jim Nelson is working on. As soon as the survey is received, they will be going out for bids for an architectural firm to help with the design of the industrial park; and when this is completed, they will start clearing the land. Mr. Vest said that he had a meeting with Bill Ratliff on April 15, 2002, to talk about economic development issues regarding how sale tax is being used. Mr. Vest said that the PEDC has followed the letter of the law, but he is finding out that a lot of cities have not followed the law and it is really getting out of hand. This has the attention of the legislators and a number of them will be pursuing action adverse to economic development, such as the abolition of the economic development sales tax or stricter regulation of how it is expended. Mr. Vest also discussed the possible sale of the Oliver Rubber Plant with the City Council along with the status of the old Superior Switchboard Building. ORDINANCE NO. 2002-027 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING CHAPTER 18, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF PARIS BY ADOPTING THERETO SECTION 18-24, ENTITLED "ADMINISTRATIVE SEARCH WARRANTS"; GRANTING THE MUNICIPAL COURT OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORITY TO ISSUE SUCH WARRANTS; ESTABLISHING PROCEDURES FORAPPLICATION FOR OBTAINING SAIDWARRANTS; DESIGNATING CITY OFFICIALS WHO MAY APPLY FOR SAID WARRANTS; SETTING STANDARDS FOR ISSUANCE OF WARRANTS; PROVIDING PROCEDURES FOR EXECUTING WARRANTS; 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. City Council Minutes May 13, 2002 Page 9 A motion was made by Mayor Pro Tem Manning, seconded by Councilman Weekly, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2002-028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO REFERENCE CODE INSPECTORS THEREIN; AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO REFERENCE CODE INSPECTORS THEREIN; PROVIDING FOR THE AMENDMENT OF ALL OTHER ORDINANCES IN THE CITY OF PARIS TO REFERENCE CODE INSPECTORS THEREIN; PROVIDING A REPEALER; PROVIDING A SEVERABILITY CLAUSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilwoman Neeley, seconded by Councilman Bell, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Resolution No. 2002-073, resolving by the City Council of the City of Paris, Paris, Texas, expressing official intent to reimburse costs of city acquisition and improvements for the UARCO Building which will be converted to a Law Enforcement Center for Police, Court and Jail, was presented. A motion was made by Councilman Weekly, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-074, resolving by the City Council of the City of Paris, Paris, Texas, approving and authorizing the execution of an earnest money contract for the purchase (UARCO Building) of a site for a new Law Enforcement Center for Police, Court, and Jail, 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. City Council Minutes May 13, 2002 Page 10 Resolution No. 2002-075, approving and authorizing execution of an agreement with Brinkley-Sargent Architects to provide architectural services for conversion of the UARCO Building to a new Police, Court, and Jail Facility, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Mayor Pfiester announced that the City Council would take a short break at 7:30 P. M. Mayor Pfiester reconvened the meeting at 7:40 P. M. Resolution No. 2002-076, approving the form of the Federal Equitable Sharing Agreement by and among the Federal Government, the City of Paris, and the Regional Controlled Substance Apprehension Program, and authorizing the City Manager and the Police Chief to execute, on behalf of the City of Paris, a Federal Equitable Sharing Agreement, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Weekly, for approval ofthe resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-077, authorizing the execution of the Grantee Supplemental Acceptance Notice for acceptance ofthe Texas Narcotics Control Program Grant entitled "Regional Controlled Substance Apprehension Program (Task Force)," No. DB-01-A 10-13 854-03, for the period beginning June l, 2002, and ending May 31, 2003, in the total supplemental award of $8,351.00, requiring the City of Paris and other Task Force participants to provide $2,122.000 in the form of cash, for a total grant amount of $394,832.00, was presented. A motion was made by Councilman Bell, seconded by Councilwoman Neeley, for approval ofthe resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-078, approving the filing of an application to the Texas Automobile Theft Prevention Authority for an Automobile Theft Prevention City Council Minutes May 13, 2002 Page 11 Grant entitled "Northeast Texas Automobile Theft Task Force" proj ect beginning September l, 2002, and ending August 31, 2003, in the amount of $102,826.00, being approximately 68% ofthe estimated cost ofthe Automobile Theft Prevention Program, with $29, 866.00 to be provided by the City of Paris in the form of cash and $19,700.00 in the form of in-kind services, was presented. A motion was made by Councilwoman Neeley, seconded by Mayor Pro Tem Manning. The motion carried 7 ayes, 0 nays. Resolution No. 2002-079, approving an application be made to the Telecommunications Infrastructure Fund Board for a Telecommunications Infrastructure Fund (TIF) Grant in the amount of $225,000.00, being approximately 90% of the estimated cost of the Paris Community Access Project, with the City of Paris providing $25,000.00 in matching Funds, was presented. A motion was made by Councilman Weekly, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-080, accepting the Response to Request for Proposal of RLM. Enterprises, Inc., for administrative/management consulting services for the Booker T. Washington Community Center Proj ect, including administrative fees, in the amount of $20,000.00, funded under the Texas Department of Housing and Community Affairs' Community Development Block Grant, Contract No. 721596, 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. 2002-081, accepting the proposal of Freese and Nichols, Inc., Professional Engineers, for the performance of a study of the production capabilities of the City's Water Treatment Plant, and authorizing and directing the City Manager to negotiate and execute, on behalf of the City of Paris, a professional engineering services contract with Freese and Nichols, Inc., was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 City Council Minutes May 13, 2002 Page 12 ayes, 0 nays. Resolution No. 2002-082, resolving that the bid of L. C. Brown Construction for the "Pro Rata Sanitary Sewer Extension for the Cope Addition along Meadowlark, Mockingbird, Cope, Pine Mill Road, Thomas Drive, Welch Circle and 46th Street NE" in the amount of $497, 870.06 be accepted, and authorizing the Mayor to execute on behalf of the City of Paris the contract with L. C. Brown Construction upon the terms and conditions, was presented. A motion was made by Councilwoman Neeley, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-083, authorizing the procurement of right-of-way for the Wade Park, Lamar Avenue, and 24th Street SE Drainage Improvement Project, and authorizing the City Attorney to proceed to condemn the aforesaid property to be used for said project, was presented. A motion was made by Councilman Bell, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-084, accepting the proposal of MHS Planning & Design for consulting services in connection with the construction of the Paris Sports Complex and authorizing the Mayor to execute on behalf of the City of Paris, a contract with MHS Planning & Design, under the terms and conditions and in the form approved by the City Manager and City Attorney, was presented. A motion was made by Councilwoman Neeley, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-085, approving the form of an Interlocal Governmental Agreement for Community Policing Drug Elimination Services between the City of Paris and the Housing Authority of the City of Paris, and authorizing the City Manager to execute on behalf of the City of Paris said agreement with the Housing Authority of the City of Paris for the City to be recompensed for the provision of security services by and through the Paris Police Department, was presented. A motion was made by Councilman McCarthy, seconded by City Council Minutes May 13, 2002 Page 13 Mayor Pro Tem Manning, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-086, authorizing intervention in Gas Utilities Docket 9292 at the Railroad Commission; authorizing participation in a Steering Committee with other cities served by TXU and requiring reimbursement from TXU Lone Star Pipeline of Cities' reasonable rate case expenses, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-087, awarding the bid of Bonham Chrysler for the purchase oftwo (2) 2002 Year Model Six Cylinder (V6) Extended Cab Pickups for use by the Regional Controlled Substance Apprehension Program in the total amount of $32,637.38, was presented. A motion was made by Councilwoman Neeley for approval of the resolution. The motion was seconded by Councilman Plata and carried 7 ayes, 0 nays. Resolution No. 2002-088, resolving that the exercise of option by Allen Phillips is hereby granted for period of one year beginning April 15, 2002, and ending April 14, 2003, for property located at 1231 N. Main Street, 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. Resolution No. 2002-089, approving the form of the Auctioneer Service Agreement with Monte Moore Auctioneers, and declaring certain personal property surplus, 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. 2002-090, referring a petition to the Planning and Zoning Commission requesting the abandonment of a fifteen (15) foot alley in Block 4, of the S. J. Wright Addition between Bonham Street (U.S. Hwy 82) and City Council Minutes May 13, 2002 Page 14 Kaufman Street beginning at the west boundary line of 18th Street S. W., west to the east boundary line of 19th Street SW; setting a public hearing, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-091, expressing the support of the City Council for the efforts of the Paris Rodeo and Horse Club to fund and accomplish improvements to the existing Fairgrounds Rodeo Facilities to convert such facilities to an all-weather complex, was presented. Gill Flautt, President of the Paris Rodeo & Horse Club came forward stating that the club wishes to cover the existing rodeo arena, making an open air all- weather use complex. Mr. Flautt said that in order to do this, they are going to have to apply for a grant and they need support from the City of Paris. He said they already have support from the Red River Valley Fair Association and the Lamar County Commissioners Court. Mr. Flautt requested support from the City of Paris. After discussion, a motion was made by Councilman Weekly, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-092, appointing Joyce Kennemer to serve the unexpired term of Fran Neeley, which ends June 30, 2003, as a member of the Library Advisory Board of the City of Paris, was presented. A motion was made by Councilwoman Neeley, seconded by Councilman Bell for approval of the resolution. He motion carried 7 ayes, 0 nays. Resolution No. 2002-093, appointing Linda Ryan to serve the unexpired term of Robyn Zimmerman, which ends March 31, 2004, as a member of the Main Street Advisory Board, was presented. A motion was made by Councilman Bell, seconded by Councilman Weekly, for approval of the resolution. The City Council Minutes May 13, 2002 Page 15 motion carried 7 ayes, 0 nays. Resolution No. 2002-094, reappointing Michael J. Pfiester, Joe E. McCarthy, and Richard Manning to serve as members of the Board of Directors of the Ark-Tex Council of Governments for terms of one (1) year, beginning June 1, 2002, and ending May 31, 2003, or for as long as they are members of the City Council, or until their successors are duly appointed, was presented. A motion was made by Councilman Plata, seconded by Councilman Bell, for adoption of the resolution. The motion carried 7 ayes, 0 nays. Mayor Pfiester announced that the next item on the agenda, accepting a deed of donation of property from Era Mae Franklin located at 1728 Maple Avenue had been tabled and a motion to bring this item from the table was in order. A motion was made by Councilman Bell, seconded by Councilman Plata, to bring the above item from the table. The motion carried 7 ayes, 0 nays. Resolution No. 2002-095, accepting the donation of Era Mae Franklin of Lot 20, City Block 197, located at 1728 Maple Avenue, Paris, Texas, by General Warranty Deed in such form as is acceptable to the City Attorney, 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. 2002-096, approving and authorizing a surface use agreement by and among the Texas Military Facilities Commission, the Sports Car Club of America, Lamar County, the Lamar County Chamber of Commerce, and the City of Paris regarding the use of Camp Maxey for a road rally conducted by the Sports Car Club of America; conditioning said approval on the city being named as a coinsured on the Sports Car Club's insurance policy, 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. City Council Minutes May 13, 2002 Page 16 Resolution No. 2002-097, accepting the Regional Controlled Substance Apprehensive Program Grant entitled "Regional Controlled Substance Apprehension Program (Task Force)," No DB-02-A 10-13 854-04, for the period beginning January 1, 2002, and ending May 31, 2003, in the total amount of $388,470.00, requiring the City of Paris to provide $21,582.00 in the form of cash, was presented. A motion was made by Councilwoman Neeley, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Manager Malone advised the City Council that he has asked Kent Klinkerman, EMS Administrator, to give a six month status report of the operation of the ambulance system. Kent Klinkerman, EMS Administrator, came forward presenting the six month status report for the Emergency Medical Service. Mr. Klinkerman said he was going to compare numbers between the last fiscal year and this fiscal year for the first six months. He said the call volume for the current fiscal year was 3,817 calls verses 3,345 calls. There was an increase of 472 in calls, or a 14.1 % increase. Mr. Klinkerman said the charges and debits were $1,335,206.50 compared to $1,017,670.50 for lastyear, which is a$317,546.00 increase due to the call volume increase as well as the charges that were increased per call. He said this represents a 31.2% increase and call volume averaged 20.8 calls per day with a peak day of 41 calls. Mr. Klinkerman said on cash credits the current fiscal year to date is $783,567.67 and the revenue projected for the fiscal year for six months was $662,500.00, which means they exceeded that number by $121,067.67 with a 18.3 % increase over the proj ected revenues. Mr. Klinkerman advised that this is significant when you are looking at the expense side of it. They try to cover the expenses that go over their projected amounts. Mr. Klinkerman said during the same time frame, they were 5.4% above the projections in Maintenance and Operations. This is primarily due to increased personnel cost associated with injuries and illness, workers' compensation and overtime. The net effect ends up being $87,501.00 exceeding their projected expenses and taking that from the revenue, they had City Council Minutes May 13, 2002 Page 17 a net effect in this time period of a reduction of the anticipated shortfall in the amount of $33,566.67. Mr. Klinkerman said the shortfall for the year is anticipated to be approximately $450,000.00, and the total shortfall is anticipated to be $800,000.00. Mr. Klinkerman said the new fee schedule with Medicare went into effect April l, 2002, which is going to make the shortfall worse because the fee schedule anticipated less revenues because they are lowering reimbursements nation- wide. Mr. Klinkerman told the City Council that this is why the city is being so cautious about everything. He said you can not predict accurately the call volume, what type of insurance a person might have or if they have insurance, or what Medicare is going to do as far as the fee schedule. Mr. Klinkerman told the City Council that ambulance services in the surrounding areas are closing their operations and gave an example of Grayson County, who had LifeTech Ambulance Service. He said that what Grayson County did was to contract with Bell-Savoy to provide two of their ambulances until they try to decide what to do. They also contracted to place an ambulance in Van Alstyne and Whitesboro at a cost of $44,000.00 a month, while they work this out. If you add that over a year, it is over one-half million dollars that county is paying. Mr. Klinkerman said that Sherman is doing emergency and their own transfers now. He said Fannin County is the same way. Their EMS Service is going to be out by September l, 2002, but they are giving them until September 30, 2002. Mr. Klinkerman said the City of Paris had talked about this several years ago and in his packet there are numerous examples of this happening all over Texas. Mr. Klinkerman said that one of the reasons he wanted to present this information to the City Council was that he would like to offer the opportunity to present the same information on the EMS operation to the Commissioners' Court so they can be better informed about where they stand on the financial and operational basis. City Council Minutes May 13, 2002 Page 18 Mayor Pfiester called for direction to staff regarding a presentation before the Lamar County Commissioners Court concerning the status of the ambulance service. After discussion, a motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, to allow city staff to make the same presentation to the Lamar County Commissioner's Court regarding the status of the EMS Services for the first six months of this fiscal year. The motion carried 7 ayes, 0 nays. City Attorney Schenk presented petitions for rezoning as follows: Leann Sartor, Lot 21, City Block 249, from General Retail District to General Retail District with Specific Use Permit No. (3) Auto Laundry; Earl Posey, Lots 2& 3, City Block 300, from a One-Family Dwelling No. 2 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 June 3, 2002, and before the City Council on June 6, 2002. There being no further business, a motion was made by Councilwoman Neeley, 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