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02 City Council (09/09/02)MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS September 9, 2002 The City Council of the City of Paris, met in regular session, Monday, September 9, 2002, 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, Francine Neeley, Willie Weekly, Sr. 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 Frankland of the Christian Fellowship Church. Mayor Pfiester called for approval of minutes from previous meetings. City Manager Malone advised the City Council that the minutes were not included in the agenda packet and suggested that this item be tabled and the minutes would be provided at a future meeting. A motion was made by Councilman Bell, seconded by Councilman McCarthy, to table action on approving the minutes. The motion carried 7 ayes, 0 nays. City Manager Malone announced that the minutes from the Paris Public Library Advisory Board and the Paris Economic Development Corporation had been furnished with no action being required. Rick Williams, 225 42l~d N.E., representing the Paris East Texas Bombers, came forward requesting funds from the City of Paris for a trip to Hill City, Kansas, to play in a championship game, and also requesting funds for the upcoming season. Mr. Williams explained that the Paris East Texas Bombers was a semi- pro football team. Mr. Williams advised that the Bombers were seeking financial help from the City of Paris to operate and function normally as an organization. Mr. Williams said they were going to focus on the youth, City Council Meeting September 9, 2002 Page 2 the troubled teens, the people headed down the wrong track, and whoever may be in need of help in or around the City of Paris. Mr. Williams advised that the team earned a trip to Hill City, Kansas, to play in the Battle of the Plains on September 14, 2002. Mr. Williams said he was requesting funds to help with this trip to Kansas, and with the city's help, they felt they could be the best semi pro football team in the nation. He said the funds they receive will be accounted for. After discussion, Mayor Pfiester suggested that Mr. Williams contact Mr. Gary Vest with the Visitors and Convention Council, because they help promote things of this nature through the use of the hotel-motel tax. Mayor Pfiester said the city did not have anything budgeted for this type function. Mr. Raymond Armstrong, 645 S.E. 26th Street, came forward representing the Character Council of the Red River Valley. He thanked the City Council for providing this city with the initiative that can really make a difference. Mr. Bill Phelps came forward and said it has been almost a year since the City Council passed a resolution making Paris a Character City. During that time, the Mayor appointed the Character Council of Red River Valley and it has started its work. Mr. Phelps said Karl Louis, Police Chief, recently honored three of his officers for special recognition and they wanted to carry that further and hoped to present Chief Louis with a Character certificate. City Manager Malone advised that Chief Louis was out of town on city business. Mr. Phelps read the certificate for Chief Louis. Mayor Pfiester presented certificates of recognition of character to Officers Jamie Blount, Matthew Birch, and David Whitaker. Mr. Billy J. Toliver, 2211 College Street, came forward reporting damage to two of his vehicles resulting from falling cinders from fireworks at the July 4th display by the Rotary. Mr. Toliver explained the process that he has gone City Council Meeting September 9, 2002 Page 3 through trying to recoup the damage done by the cinders. Mr. Toliver said the balance due for the damage is $241.76, which is the deductible. He has tried to talk with Mr. Pickle who is the President of the Rotary Club. Mr. Toliver expressed his feeling that the Rotary Club should be responsible for the damage as they were the ones who the city issued the permit for a fireworks display. Edwin Pickle, President of the Rotary Club, came forward telling the City Council that the fireworks company's insurance carrier paid Mr. Toliver what was appropriate for the damage that was incurred. They made that judgement and wrote him a check in good faith. He advised that the Rotary Club signed a contract with the fireworks people and they provide the Club with an insurance binder and that binder was in force at the time. Mr. Pickle said no other person has contacted him regarding any type of damage. Mayor Pfiester advised that he felt that the legal course of action for Mr. Toliver, if he felt that he needed to do something, would be to file a civil suit. Mayor Pfiester also advised that he could talk to the City Attorney and contact the city's insurance, but he felt that they would deny the claim. Mayor Pfiester called for consideration of and approval of the appointment of an Assistant City Attorney/Municipal Court Prosecutor. City Attorney Schenk introduced John D. Lestock, who has been chosen by Mr. Schenk, Tommy Haynes, Police Chief Louis, and former Assistant City Attorney Stephanie Harris. He said they interviewed seven qualified individuals and Mr. Lestock was the most qualified individual for that position. City Attorney Schenk said they were pleased to have him as the new Assistant City Attorney. A motion was made by Mayor Pro Tem Manning, seconded by Councilwoman Neeley, confirming the appointment of John D. Lestock as the new Assistant City Attorney for the City of Paris. The motion carried 7 ayes, 0 nays. City Council Meeting September 9, 2002 Page 4 Mayor Pfiester announced that the next item on the agenda was approving a proposed response to a letter from the Paris Firefighters' Association. Their proposal was to accept Fire Chief Ronnie Grooms budget request for Fire Department wages (5% annual increase for each of the next three years 2003, 2004 and 2005) along with step increases and rank restructure. City Attorney Schenk said the city received a letter that was associated with the current election and pay referendum for the firefighters. He said he had prepared a draft letter in response that he felt reflected the position of the City Council and he was submitting it to them this evening for their review, comments, and suggested changes that they would incorporate at this point. City Attorney Schenk advised that he had set this for an executive session if necessary, and at this point he did not see the need for that, unless the City Council felt the need to have further legal advice on this matter. City Attorney Schenk read the letter to the City Council, which is attached hereto as Exhibit A to these minutes. City Attorney Schenk advised that the election now belongs to the citizens of this city and they will have to decide the issue. The city cannot stop that process, nor can anyone else. It belongs to the citizens of the City of Paris and that is who will make the decision. He said he can tell the City Council that they cannot accept this because, if the election passes, the City Council will be bound to fulfill those requirements, regardless of any discussion they have in regard to this proposal. So, whatever happens in this election will bind this City Council one way or the other. If it passes, the City Council will be obligated to implement that pay raise. After discussion, a motion was made by Councilman Bell, seconded by Councilman McCarthy, adopting the letter composed by City Attorney Schenk to the Paris Professional Firefighters' Association regarding correspondence received September 6, 2002, from the Association regarding a pay increase. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2002-041 City Council Meeting September 9, 2002 Page 5 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 SECTION 2-98 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 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. 2002-042 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 Bell, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2002-043 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE City Council Meeting September 9, 2002 Page 6 COLLECTION PERMIT TO TRASHY BUSINESS 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 Councilman McCarthy, seconded by Mayor Pro Tem Manning, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2002-044 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, INC., 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 Weekly, seconded by Councilwoman Neeley, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING FOR City Council Meeting September 9, 2002 Page 7 ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND DECLARING AN EFFECTIVE DATED, WAS PRESENTED. A motion was made by Councilman Plata, seconded by Mayor Pro Tem Manning, for approval of the ordinance on second reading. The motion carried 7 ayes, 0 nays. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE CITY'S RIGHTS-OF-WAY; PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Mayor Pro Tem Manning, seconded by Councilwoman Neeley, for approval of the ordinance on second reading. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on bids for furnishing and delivery of Polyacrylyamide (PAM)for use in the Wastewater Treatment Plant, and the following bids were presented: Fort Bend Services Altivia $1.15 Per Pound $1.15 Per Pound City Council Meeting September 9, 2002 Page 8 A motion was made by Councilwoman Neeley, seconded by Councilman McCarthy, awarding the bid to Fort Bend Services in the amount of $1.15 per pound. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on bids for furnishing and delivery of Liquid Sulfur Dioxide for use in the Wastewater Treatment Plant, and the following bids were presented: Brenntag Southwest Harcros Chemicals DPC Industries, Inc. $400.00 Per Ton $497.00 Per Ton $575.00 Per Ton A motion was made by Councilman McCarthy, seconded by Councilman Bell, to award the bids to Brenntag Southwest in the amount of $400.00 per ton. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on bids for furnishing and delivery of Liquid Chlorine for use in the Wastewater Treatment Plant, and the following bids were presented: Brenntag Southwest Altivia Harcros Chemicals DPC Industries $308.00 Per Ton $439.78 Per Ton $382.00 Per Ton $510.00 Per Ton A motion was made by Councilwoman Neeley, seconded by Councilman McCarthy, to award the bids to Brenntag Southwest in the amount of $308.00 per ton. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on bids for furnishing and delivery of Fluosilicic Acid for use in the Water Treatment Plant, and the following bids were presented: Harcros Chemicals Pennco, Inc. Southwest Chemical City Council Meeting September 9, 2002 Page 9 $1.86 Per Gal. $3.01 Per Gal. $3.32 Per Gal. A motion was made by Councilwoman Neeley, seconded by Councilman McCarthy, to award the bids to Harcros in the amount orS1.86 per gallon. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on bids for furnishing and delivery of Sodium Hydroxide for use in the Water Treatment Plant, and the following bids were presented: Altivia Old World Industries Harcros Chemicals DPC Industries Brenntag Southwest $239.78 Per Ton $247.15 Per Ton $288.00 Per Ton $288.35 Per Ton $295.00 Per Ton A motion was made by Councilwoman Neeley, seconded by Councilman McCarthy, to award the bids to Altivia in the amount of $239.78 per ton. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on bids for furnishing and delivery of Potassium Permanganate for use in the Water Treatment Plant, and the following bids were presented: Carus Chemical Univar Harcros Chemicals Brenntag Southwest $1.4346 Per Pound $1.45 Per Pound $1.69 PerPound $1.75 Per Pound A motion was made by Councilwoman Neeley, seconded by Councilman McCarthy, to award the bids to Carus Chemical in the amount of $1.4346 per City Council Meeting September 9, 2002 Page 10 pound. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on bids for furnishing and delivery of Liquid Alum for use in the Water Treatment Plant, and the following bids were presented: General Chemical Southern Ionics, Inc. GEO Specialty Chemicals Univar $125.00 Per Ton $139.00 Per Ton $208.19 Per Ton $210.00 Per Ton A motion was made by Councilwoman Neeley, seconded by Councilman McCarthy, to award the bids to General Chemical in the amount orS 125.00 per ton. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on bids for furnishing and delivery of Hydrated Lime for use in the Water Treatment Plant, and the following bids were presented: Texas Lime Company Texas Lime Company Austin White Lime Austin White Lime Southwest Chemicals $115.00 (Bagged) $ 85.25 (Bulk) $118.18 (Bagged) $ 95.18 (Bulk) $200.00 (Bagged Only) A motion was made by Councilwoman Neeley, seconded by Councilman McCarthy, to award the bids to Texas Lime Company in the amount orS 115.00 per ton for bagged and $85.25 per ton for bulk. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on bids for furnishing and delivery of Liquid Anhydrous Ammonia for use in the Water Treatment Plant, and the following bids were presented: City Council Meeting September 9, 2002 Page 11 BBB Fertilizer Co. Southwest Chemical Tanner Industries, Inc. $475.12 Per Ton $484.68 Per Ton $580.00 Per Ton A motion was made by Councilwoman Neeley, seconded by Councilman McCarthy, to award the bids to BBB Fertilizer Company in the amount of $475.12 per ton. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on bids for furnishing and delivery of Powdered Activated Carbon for use in the Water Treatment Plant, and the following bids were presented: NORIT Americas Inc. Southwest Chemical Altivia Corporation US Filter-Westates Carbon $0.3790 Per Pound $0.3895 Per Pound $0.517 Per Pound $0.620 Per Pound A motion was made by Councilwoman Neeley, seconded by Councilman McCarthy, to award the bids to NORIT Americas Inc., in the amount of $0.3790 per pound. The motion carried 7 ayes, 0 nays. Resolution No. 2002-144, approving the proposed budget for the Paris Visitors and Convention Council, Chamber of Commerce of Lamar County, for the fiscal year beginning October 1, 2002, and ending September 30, 2003, 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. Resolution No. 2002-145, approving the form of the Emergency Medical Services Interlocal Cooperation Contract for providing such services, and authorizing and directing the Mayor of the City of Paris and the County Judge of Lamar County to execute the Emergency Medical Services Interlocal City Council Meeting September 9, 2002 Page 12 Cooperation Contract, 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. 2002-146, approving and authorizing an interlocal cooperation agreement for services by and between the City of Paris and Paris Junior College to perpetuate and continue an ongoing successful contractual arrangement between the city and the college for the sharing of services between the two governmental entities to the mutual benefit of both, 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. Resolution No. 2002-147, resolving that the Texas Community Development Program application for the Housing Rehabilitation/Reconstruction Fund Program is hereby authorized to be filed on behalf of the City of Paris with the Office of Rural Community Affairs, 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. 2002-148, approving and authorizing an intergovernmental agreement for consulting services with Paris Independent School District for the presentation of the Drug Abuse Resistance Education (D.A.R.E.) Program for one hundred seventy-eight (178) days throughout the 2002-2003 school years for students in pre-kindergarten through grade 5 at the Givens, Justiss, and Aikin Campuses, was presented. A motion was made by Councilman Plata, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-149, authorizing the City Manager or his designee to execute an electric supply agreement pursuant to the contract approved and recommended by the CAPP Board of Directors within 24 hours of said approval and recommendation, was presented. A motion was made by City Council Meeting September 9, 2002 Page 13 Councilman McCarthy, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-150, approving the plans and specifications for the Elevated Water Storage Tank - Bonham Street Project; and that such construction project 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 1st Street S.E., 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. City Attorney Schenk presented the following petition for rezoning: Donna Swindle, Lot 5, City Block 226-A, from a Two Family Dwelling District to a Neighborhood Service District. Mayor Pfiester referred the petition to the Planning and Zoning Commission for their study and recommendation at their meeting scheduled for October 7 ,2002, and before the City Council October 10, 2002. There being no further business, a motion was made by Councilman McCarthy, seconded by Councilman Weekly, to adjourn the meeting. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK