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05/15/2017MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 15, 2017 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, May 15, 2017, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Steven Clifford Council Members: Billie Lancaster; Aaron Jenkins; Billy Trenado; Linda Knox; Cleonne Drake; and Paula Portugal City Staff: John Godwin, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Carla Easton, City Engineer; Thomas McMonigle, Assistant Fire Chief; Clyde Crews, Fire Marshal; Kent Klinkerman, EMS Director; Doug Harris, Utilities Director; Alan Efrussy, Planning Director; and Priscilla McAnally, Library Director Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Lancaster led the pledge. 4. A. Citizens' Forum. Carol Hufnagel, 720 Bunker — she expressed her appreciation to Dr. Hashmi for his dedication and sacrifice to the community while serving on the Council for six years. Tim Bullock, 4025 Dawn — he said he was on the Airport Advisory Board and wanted to thank John Godwin, the City and the Chamber for putting on an excellent fly -in. Sue Lancaster, 1020 Bonham — she thanked the Council for allowing her to say the pledge for nearly five years and said she hoped whoever gets that position will enjoy it as much as she enjoyed it. Regular Council Meeting May 15, 2017 Page 2 Cheri Bedford, Main Street Director — she invited everyone to the downtown historic property tour scheduled for Saturday, May 20 beginning at 11:00 a.m. at the Peoples Bank Lobby. B. Proclamation recognizing Dylan's Drivers. Mayor Hashmi read and presented the proclamation to Ronnie and Vicki Ballard. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the consent agenda for discussion. Council Member Lancaster said she would like for item 7 to be pulled out for an explanation. After hearing from tax attorney, Tracy Pounders, a Motion to approve the consent agenda was made by Council Member Clifford and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meeting on April 24, 2017. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Planning & Zoning Commission (12 -5 -2016, 3 -6 -2017 & 4 -3 -2017) b. Paris Board of Adjustment (2 -28 -2017) c. Paris Public Library Advisory Board (3 -22 -2017) d. Paris Economic Development Corporation (3 -21 -2017) e. Traffic Commission (3 -7 -2017) f. Paris Firemen's Relief & Retirement Fund (3 -14 -2017) g. Love Civic Center Governing Board (1 -12 -2017 & 3 -23 -2017) 7. Approve RESOLUTION NO. 2017 -022: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE PRIVATE RE -SALE OF MULTIPLE TRACTS OF BID -OFF TAX FORECLOSED PROPERTIES TO ONE OR MORE BUYERS, AND AUTHORIZING THE MAYOR TO EXECUTE DEEDS. Regular Agenda 8. Receive presentation from Mayor Hashmi with regard to City Council's accomplishments. Mayor Hashmi thanked the City Council individually and collectively for their endeavors as a Council. He referenced a few of the Council's accomplishments, such as planting of the Crepe Myrtles, taking down dilapidated structures, creation of the home improvement loan program, purchase of new fire trucks, hiring of a city manager, decrease of the PEDC overhead expenses, getting a K -9 unit, passing of infrastructure bond project, and moving from a paper agenda to electronic agendas. Mayor Hashmi also expressed appreciation to city employees, as Regular Council Meeting May 15, 2017 Page 3 well as citizens of the community. He closed with saying he had enjoyed his time while serving on the City Council. 9. Discuss and act on RESOLUTION NO. 2017 -023: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CANVASSING THE RETURNS FOR THE BOND ELECTION HELD ON MAY 6, 2017. City Clerk Janice Ellis said on February 13 City Council ordered a General Obligation Bond Election for voters to consider propositions for roads and parks. She gave the results of the May 6 Election, stating Proposition No. 1 passed for issuance of $9,5000,000 tax bonds for streets and roads, and Proposition No. 2 passed for $500,000 tax bonds for parks. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Clifford. Motion carried, 7 ayes — 0 nays. 10. Discuss and act on RESOLUTION NO. 2017 -024: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACKNOWLEDGING THE RESULTS OF PRIOR COUNCIL ACTION DECLARING CANDIDATES AS ELECTED TO OFFICE FOR COUNCIL DISTRICTS 4, 5, AND 7 AS A RESULT OF HAVING BEEN UNOPPOSED FOR ELECTION OF OFFICE; DECLARING THE TERMS OF OFFICE FOR THE AFORESAID CANDIDATES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Ms. Ellis explained that on February 22 she issued a certificate of unopposed status for Districts 4, 5, & 7 and the City Council cancelled the elections for those positions. She asked the Council to approve a Resolution declaring the unopposed candidates elected to office. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 11. Recognition of outgoing Council Members for their service. Mayor Hashmi turned the meeting over to Mayor Pro -Tern Lancaster. Council Member Frierson thanked City Council, citizens and staff for their support. He said his experience had been rewarding. Council Member Frierson encouraged the new Council to talk about issues, share ideas, and come to a consensus. City Manager John Godwin presented plaques to Mayor Hashmi and Council Member Frierson for their service on City Council. 12. Issuance of Certificate of Election; Administer Statement of Elected Officer to Council Members; and Administer Oath of Office to newly elected Council Members. Regular Council Meeting May 15, 2017 Page 4 Ms. Ellis issued certificates of election, administered statements and oaths of office to newly elected Council Members, Steven Clifford, Linda Su Knox and Paula Portugal. 13. Election by City Council of Mayor and Mayor Pro Tern to serve the City of Paris for the next year. Mayor Pro -Tern Lancaster opened the floor for nominations for Mayor. Council Member Trenado nominated Council Member Clifford for the position of Mayor. There be no other nominations, Mayor Pro -Tem Lancaster closed the floor for nominations and asked for a show of hands. Council Member Clifford was elected Mayor by a vote of 7 ayes. Mayor Clifford opened the floor for nominations for Mayor Pro -Tem. Council Member Knox nominated Council Member Drake. Council Member Trenado nominated Council Member Portugal. Mayor Clifford asked for a show of hands on the first nomination of Council Member Drake. Council Member Drake was elected Mayor Pro -Tem by a vote of 5 ayes, with Council Members Jenkins, Lancaster, Drake, Knox and Mayor Clifford casting the votes. 14. Receive bids, award a contract to the lowest responsible bidder, Harrison, Walker & Harper in the amount of $966,425.80 for the Flow EQ Basin Barscreen Project. Utilities Director Doug Harris reviewed the timeframe of the project beginning with January 2016, when he brought forward to Council a comprehensive rehabilitation project for the wastewater treatment plant. He explained at that time, he was given direction to bring a specific project forward for consideration. Mr. Harris said projects were discussed in -house among staff and they decided adding a mechanical barscreen at the flow equalization basis would produce the most immediate benefits. He said they contracted with Hayter Engineering and bids were advertised, resulting in two bids. Mr. Harris informed City Council that Harrison, Walker and Harper submitted the low bid and it was staff's recommendation that they accept the low bid for this project. Mayor Clifford inquired about advertisement for this project, citing he would like to have seen more than two bids for a million dollar project. Mike Tibbets with Hayter Engineering said notices were sent to Construct Connect, McGraw Hill Dodge, North Texas Construction Report, and U.S. Department of Commerce Minority Center. He also said he a had a list of 34 contractors specializing in this work, and he sent them copies. Mr. Tibbets told the City Council two weeks before bid opening, he wasn't getting many questions so he contacted 16 of the contractors to generate interest in the job, but that only resulted in two bids. He explained he was informed the job was either two big, too little, bond capacity was used up or crews were in other parts of the State. He explained that Hayter estimated the project would cost 1.2 million dollars, and the two bids were lower than that and were only 8% apart. He said he did not believe if they went out for bids again that they would get any additional bids and they would be pushing the job three months later. Mr. Tibbets recommended that HWH be awarded the bid. Mayor Clifford said he did some research across the State, and that he came up with several internet web -sites that advertised this type of project. He referenced North American Procurement Council, he said it was free and asked if this project was advertised there. Mr. Regular Council Meeting May 15, 2017 Page 5 Tibbets told him it was not. Mayor Clifford also referenced the Electronic State Business Daily as another free source of advertisement. He said these bids should be advertised very well. Mayor Clifford said he knew the barscreen was needed and it was imminent, but on the other hand did not like making a selection with just two bids on a million dollar project. Council Member Drake asked if it was normal for this time of year to exceed bond capacity. Mr. Tibbets said it cycles but it appeared right now contractors had a lot of work. Mayor Clifford inquired of a time period of which contractors might not be over - bonded. Mr. Tibbets said he only had one contractor tell him if the bid was postponed, that he might bid it. Council Member Portugal asked when bids were put out if there was a safety record plan so they would know the companies were reputable and had a good record. Mr. Tibbets said they required a payment and a performance bond. Council Member Lancaster said she hated to do such a large project without more bids. Mr. Tibbets said he understood, but HWH was a local contractor and the bid was close to what Hayter thought it should be. Mr. Tibbets said HWH may not bid it again because now their numbers were public or if they bid again, it might not be for the same price. Council Member Jenkins said he would like to bid it out again. Council Member Trenado said he would like to see more bidders. Council Member Knox said she would also like to see more bidders, but also liked the fact they had a local contractor bid on it. She said she understood there was a risk they might not bid next time. Council Member Drake inquired what would happen if they go out for bids again and did not get any bids. Mr. Tibbets said they could wait another six months and see if the bonding capacity had changed for some of the contractors. Mr. Godwin said he was not trying to change any of their minds but for future reference, asked them to keep in mind they wanted to get the lowest possible price for the City. Mr. Godwin said City staff agreed this was the best price, was from a local vendor and he thought if they got more bids they would be around 1.2 or 1.3 million. He also said there was an economy scale for a local vendor. Mr. Godwin said he understood they were disappointed about not getting more bids and reiterated he was not trying to change their minds. He said if they decided to reject the bids and reb -bid, he hoped they would get lower bids because the City always needed to save money. Following additional discussion, A Motion was made by Mayor Clifford to reject all bids, re -bid the project, and after significant increase in publicity for the bids across any and all reputable websites that advertise this type of project bring it to Council. The Motion was seconded by Council Member Trenado. Motion carried, 7 ayes — 0 nays. 15. Discuss and act on ORDINANCE NO. 2017 -014: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ( "ACSC ") AND ATMOS ENERGY CORP., MID -TEX DIVISION REGARDING THE COMPANY'S 2017 RATE REVIEW MECHANISM FILINGS; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; REQUIRING RECONCILIATION AND RATE ADJUSTMENTS IF FEDERAL Regular Council Meeting May 15, 2017 Page 6 INCOME TAX RATES CHANGE; TERMINATING THE RRM PROCESS FOR 2018 PENDING RENEGOTIATION OF RRM TERMS AND CONDITIONS; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; A SEVERABILITY CLAUSE; A REPEALER CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. Mr. Anderson explained that on March 1, 2017, Atmos filed a petition requesting for 57.4 million dollars in additional revenues from customers system wide. He said the rate increase request was reviewed by the Atmos Cities Steering Committee of which Paris was a member. Mr. Anderson also said negotiations between Atmos and ACSC resulted in a 9.4 million dollar reduction of requested revenues by Atmos and this was reasonable. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 7 ayes — 0 nays. 16. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. None were referenced. 17. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Trenado and was seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 6:20 p.m. d n TEVE CLIFFO , M.D., MAYOR