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05-APPROVE MINUTES FROM 03.12.12 MEETINGCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 03/16/2012 Council Date: 03/26/2012 Originating Department: City Clerk Presented By: Janice Ellis Agenda Item No.: 5. RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of March 12, 2012. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting ACTION: BUDGET INFO: ❑ Financial Report ~ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Finance ❑ Fire ❑ Utilities City of Paris Revised 2/04/08 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS March 12, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, March 12, 2012, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Joe McCarthy; Robert Avila; John Wright; Richard Grossnickle; and Matt Frierson City Staf£ Gene Anderson, Interim City Manager/Finance Director; Kent Mcllyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; Ron Sullivan, Public Works Director; and Priscilla McAnally, Library Director Absent: Council Members: Edwin Pickle Ouenin$ A2enda 1. Ca11 meeting to order. Mayor Hashmi called the meeting to order at 5:3 ] p.m. 2. Invocation. Pastor Van Lazaroff gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. No one spoke. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Mayor Hashmi said he would like to discuss item 6 b. and inquired about the $5,000.00 bonus given to PEDC Executive Director Steve Gilbert. He ~ Regular Council Meeting March 12, 2012 Page 2 specifically wanted to know how the amount was derived. Mr. Anderson said he did not know the basis, because the PEDC Board made that decision. Mr. Anderson said that future performance awards could be addressed by the City Council during PEDC's budget presentation. A Motion to approve the Consent Agenda was made by Council Member Frierson and seconded by Council Member Avila. Motion carried, 6 ayes - 0 nays. 5. Deliberate and act on the approval of ininutes from the meetings on February 13, 2012; February 20, 2012; February 27, 2012; and March 5, 2012. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Airport Advisory Board minutes (1 l-17-2011) b. PEDC minutes (1-10-20 ] 2) c. Historic Preservation Commission minutes (2-8-2012) d. Task Force on Substandard Structures minutes (2-10-2012 and 2-24-2012) e. Planning and Zoning Commission minutes (2-6-2012) Regular Asenda 7. Deliberate and act on the request for a curb and gutter variance; the Preliminary Plat and Final Plat of Lot l, Block A, Southside Baptist Church, 188-E Addition, located at 790 Jefferson Road. A Motion to approve this item was made by Council Member Wright and seconded by Council Member Grossnickle. Motion carried, 6 ayes - 0 nays. 8. Deliberate on the Roger Sri-ipland ditch drainage problem; and provide direction to City Staff. Mayor Hashmi said that he requested this item be placed on the agenda, because the rainy season was upon us and this item had been on the drainage ditch report for some time. Shawn Napier reported that on two different occasions Roger Stripland said that water had been within five feet of his house, but did not flood his house. In summary, Mr. Napier said City Staff was going to survey the finished floor elevation (FFE) of the Stipland home, Clement Road and NE 34"' near the curve. Mr. Napier said if the curve in the road was higher than the Stripland's FFE then he was going to propose the curve be lowered until the FFE was several inches above the road. With approval from the City Council, Mr. Napier said he would like to bring this back to Council in a month. 3 Regular Council Meeting March 12, 2012 Page 3 9. Presentation of the annual report on racial profiling policy. Chief Hundley introduced Dr. Eric Fritsch from the University of North Texas, who presented the annual report on racia] profiling policy. Dr. Fristch went over details of the report and stated that a comprehensive review of the Paris Police Department's bias based profiling policy reflected that the Paris Police Deparhnent was fully in compliance with applicable Texas Law. Further, Dr. Fristch stated that the Paris Police Department did not receive any cornplaints in reference to racial profiling for the year 2011. 10. Presentation and deliberation on water facilities for the City of Paris. Council Member Frierson gave a presentation on the water treatment facility, including the construction and expansion dates, the budget, capacity, employee positions, detailed operations, current goals and long range goals. 11. Deliberate and act on RESOLUTION NO. 2012-024: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT OF THE CLARKSVILLE STREET SIDEWALK PROJECT, IN THE CITY OF PARIS TO BOBBY SMALLWOOD CONSTRUCTION, THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Engineer Shawn Napier said the low bidder was Bobby Smallwood Construction Co. and that his bid was $237,006.62 for this project. Mr. Napier said the projected consisted of reconstruction of the sidewalks and placing conduit for utilities to be placed underground on Clarksville Street. He further said that the original bid must be awarded as submitted, because the City received a grant in the amount of $150,000.00 He also said that he would be bringing a change arder to the March 26th City Council meeting that would reduce the base bid of $186,875.72 to $169,396.47 citing a shortfall for the base bid in the amount of $38,443.87 and $100,637.07 for the overall project. A Motion to accept the bid and award the contract in the amount of $237,006.62 to Bobby Smallwood Construction Co. was made by Council Member Frierson and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. 12. Convene into Executive Session: • Pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about pending or contemplated litigation and/or on matters in which the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, clearly conflict with this chapter. 4 Regular Council Meeting March 12, 2012 Page 4 • Pursuant to Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, to-wit: City Manager position. Mayor Hashmi convened City Council into Executive Session at 6:24 p.m. 13. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 6:34 p.m. Mayor Hashmi asked Council Member Grossnickle to brief everyone on the city manager status. Council Member Grossnickle reported that contract amendments were sent to the city manager candidate and negotiations were proceeding forward. 14. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mayor Hashmi said the Lamar County Chamber of Commerce and the City of Paris were hosting a Fireman's Ball to honor fire fighters in Lamar County, as well as the fire departments who assisted the City of Paris in the 1916 fire. He said the event would be held March 31, 2012, at 6:00 p.m. at the Love Civic Center. Council Member Grossnickle informed everyone about the upcoming training being hosted by the Main Street Advisory Board on Monday, March 19t" at the City Council Chambers beginning at 5:30 p.m. 15. Adjournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and was seconded by Council Member Frierson. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 6:37 p.m. A.J. HASHMI, MAYOR JANICE ELLIS, CITY CLERK 5