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05-MAY COUNCIL MINUTESCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: OS/21 /2012 Council Date: OS/31 /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 froin the ineetings of May 14, 2012 and May 21, 2012. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes froin the meetiilgs ACTION: BUDGET INFO: ❑ Financial Report Z Minute Order Expense s ❑ Department Report ❑ Resolution Budgeted Amt. S ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FiscAL NoTES: REVIEWED AND APPROVED BY: Z Administration Z Citv Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Finance ❑ Fire ❑ Utilities Citv of Paris Revised 2/04/08 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS Mav 14, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.in. on Monday, May 14, 2012, at the City Council Chamber, ] 07 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Meinbers: Joe McCarthy; Robert Avila; John Wright; Richard Grossnickle; Matt Frierson; and Edwin Pickle City Staff: Gene Anderson, Interiin City Manager/Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ron Sullivan, Director of Public Works; and Doug Harris, Utilities Director Opening Ap-enda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:31 p.in. and announced that the new City Manager, John Godwin was in attendance. 2. Invocation. Tambarla Savage gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citiaens' forum. Mike Woinack with Paris Gypsy Motorcycle spoke about motorcycle awareness. 5. Public Announceinents. a. Proclamation declaring the month of May as Motarcycle Awareness Month. Mayor Hashmi presented Bill McGill of the Paris Gypsy Motorcycle Group with a proclamation declaring the month of May as Motorcycle Awareness Month. 2 Regular Council Meeting May 14, 2012 Page 2 Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pul] any items from the Consent Agenda for discussion. There were none. A Motion to approve the Consent Agenda was made by Council Member McCarthy and seconded by Council Meinber Wright. Motion carried, 7 ayes - 0 nays. 6. Deliberate and act on the approval of minutes from the meeting on April 23, 2012. 7. Receive and deliberate on reports and/or ininutes froin the following boards, commissions, and committees: a. Historic Preservation Commission (4-11-2012) b. Airport Advisory Board (1-19-2012; 3-I5-2012) c. Main Street Advisory Board (3-20-2012) d. Paris Public Library Advisory Board (3-21-2012) e. Planning & Zoning Cominission (4-2-2012) Regular Agenda 8. Tour of City of Paris (5:30 p.m. - 7:00 p.m.) Mayor Hashini said he would like for Council Members to see various parts of the City that needed iinproveinent. Transportation was provided for Council Meinbers, City Staff and citizens wishing to take the tour, which departed at 5:45 p.m. Those taking the tour returned to the meeting at 6:50 p.m. and Mayor Hashmi moved to item 9. 9. Update and deliberate on application for disannexation filed by Terri Palmer; and provide direction to City Staff. Gouncil Member Grossnickle asked to be recused from deliberation of this item. A Motion to recuse Council Member Grossnickle was made by Council Member McCarthy and seconded by Council Meinber Avila. Motion carried, 7 ayes - 0 nays. A Motion to remove this item from the table was made by Council Meinber McCarthy and seconded by Council Member Avila. Motion carried, 6 ayes - 0 nays. Shawn Napier told City Council that it had been detennined that the portion of Sinallwood Road in front of Ms. Paliner's house was within the City of Reno's city limits. He said the City of Reno had a sewer line across Smallwood Road from Ms. Palmer's house and it was possible for Ms. Paliner's house to be connected to the City of Reno's sewer system. Mayor Hashmi asked Ms. Palmer if she would like to speak in regard to this item. Ms. Palmer said the 3 Regular Council Meeting May 14, 2012 Page 3 City of Paris did not provide sewer services to her home and provided minimum road repair. She said if she went through the City of Paris to hook up to the water and sewer system, it would cost her double. Council Members Frierson and McCarthy expressed concern about the change in city boundaries. A Motion to direct City Staff to move forward with procedures far disannexation of Ms. Palmer's property was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 5 ayes - l nay, with Council Member McCarthy casting the dissenting vote. City Attorney Kent McIlyar said that two public hearings would have to be published in the newspaper, and tliat two readings of the ordinance were required prior to adoption. Mr. Mcllyar told Ms. Pahner that City Staff would contact her in order to help her with the public notices. 10. Deliberate and act on purchase of a new telephone system for the City of Paris. IT Director Kent Klinken-nan explained that the current telephone system had been in a state of continual repair for the last several years and was last updated in 2005. Mr. Klinken-nan said all support had been lost with the last two companies over the last several years ago, because those businesses llad gone out of business. Atter research and presentation of several systeins, he said IT was recommending the purchase of a Cisco UCMBE 6000 and the quoted price was $86,000. Mr. Klinken-nan said he brought this item forward, because of Council's earlier direction that any capital expenditure over $15,000 be brought to Council for approval. Mr. Klinken-nan answered questions from City Council. A Motion to approve the purchase of a new telephone systein was made by Council Member McCarthy and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. 11. Deliberate and provide direction to City Staff on permitting software to be used in the Engineering, Plaiuling and Development Department. Shawn Napier said that staff had investigated eight different software programs over the past few inonths for the purpose of selecting a prograin that would make the City's pennitting process user friendly. Mr. Napier told Council that staff was recommending the mygov software, because it met all ten criteria points. Shawn Napier and Kent Klinken-nan answered questions from Council about different modules. Mayor Hashmi questioned the current on-line citizen complaint system, in that Gov QA reflected that there was a report of a dilapidated structure and twenty ininutes later the complaint was closed. Mayor Hashini inquired how that type of complaint could be closed out so quickly. Mr. Anderson said he would find out and report back to Council. Council Member Pickle said if the contractars did not use the systeln it would not pay for itself. It was a consensus of the City Council to proceed with the purchase of the new mygov software. ~ Regular Council Meeting May 14, 2012 Page 4 Mayor Hasl»ni asked that item 22 be brought forward on the Agenda. A Motion to move itein 22 forward was made by Council Member Gmssnickle and seconded by Council Meinber Wright. Motion carried, 7 ayes - 0 nays. 22. Deliberate and act on RESOLUTION NO. 2012-047: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DECLARING THE UTILITY EASEMENT LOCATED ON THE SOUTH SIDE OF LOT 3, BLOCK B, TOWNWOOD ESTATES SUBDIVISION, 1130 LEVI LANE PARIS, LAMAR COUNTY, TEXAS, ON PROPERTY BELONGING TO EARL AND CARRIE BETHEA, IS NO LONGER NEEDED AND IS OF NO USE TO THE CITY OF PARIS AND SHOULD BE ABANDONED; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AND DECLARING AN EFFECTIVE DATE. Mr. Napier said that Earl and Carrie Bethea approached the City with a request to abandon a utility easement on property they owned at 1130 Levi Lane. Mr. Napier explained the Betheas were unable to close on the sale of the property, because a portion of the swiinming pool was located in an existing 15-foot utility easement Mr. Napier said the utility compauies did not have any facilities in the easeinent and did not object to abandonment of the easement. A Motion to abandon the easement was made by Council Member Grossnickle and seconded by Council Meinber McCarthy. Motion carried, 7 ayes - 0 nays. Mayor Hashmi moved item 14 forward on the Agenda. 14. Mayor Hashmi recessed City Council for dinner break at 7:40 p.m. 15. Mayor Hashmi reconvened the City Council ineeting at 8:08 p.m. 12. Deliberate and provide direction to City Staff on repair and use of the old Police Department Building located on Bonham Street. Mr. Anderson said that various uses had been suggested for use of the old Police Departinent Building including location of the Health Department into the building and other non-profit agencies. Mr. Anderson stated that the building needed a new roof and asbestos reinoval. He told Council that he thought the County would split the expenses on this project. Council discussed free labor of rehabilitating the building, demolishing the building and building soinething smaller, cost of asbestos abateinent, and the possibility of training staff in asbestos abatement. Mr. Anderson told Council he would study the options and report back to Council. 13. Presentation and deliberation of self-evaluations of the City Council Meinbers/City Council. ~J Regular Council Meeting May 14, 2012 Page 5 Mayor Hashmi said that he asked for this itern, because he felt there should be some ineasureinent and accountability for the Council. ln summary, Mayor Hashini said he had opened a district office and over seventy-five issues had been resolved through that office; the beautification process had begun and it would be a long tenn project; a task force coimnittee on dilapidated structures was fonned; and that he had initiated a pre-council ineeting for his district. He also said he had fallen short of instituting more activities for the youth. Mayor Hashmi said Council met their goal of hiring a new city manager and that the permitting process had been improved. He stated that one of the long tenn goals was to get a strategic plan in place. Council Member Grossnickle said he had participated in the Health Department discussions; participated in the task force and was continuing to wark toward making the City pennitting process better. He said his short tenn goals included a waste water treatinent plant; developing Lake Crook; building new infrastructure and resolving the chronic drainage problems. Council Member McCarthy said he wanted to see the City progress. Council Member Avila said he worked with the task force and always tried to do his best. Council Member Wright said he was part of the task force a11d that he was instrumental in getting pay increases for the employees. Council Member Frierson said he was inost proud of the Council for their transparency and the fact that no one had personal agendas. He said he wished that they could have gotten further on a strategic plan. Council Member Pickle encouraged the Council to continue to move forward with replacement of infrastructure and to approve staff's ten year plan. He said they had made a lot of progress over the last year. Council Member Pickle left the meeting at 8:45 p.m. 16. Deliberate and act on RESOLUTION NO. 2012-048: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AN AGREEMENT WITH HAYTER ENGINEERING, INC., FOR AN ENGINEERING PROPOSAL AND AGREEMENT FOR PROFESSIONAL SERVICES FOR THE EVALUATION OF AND THE DESIGN OF THE REPAIR OF AN EMBANKMENT FAILURE ON THE TRAIL DE PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Public Works Director presented Council with Hayter Engineering's proposal for services related to rehabilitation of tlle Trail de Paris, specifically evaluation of the embankment failure located on the south side of the trail south of the Golden Acres Retirement of the Community. A Motion to approve an agreement with Hayter Engineering in the amount of $20,400 far services related to evaluation and design of the repair on an embanlanent failure on the Trail De Paris was made by Council Member Frierson and seconded by Council Member Grossnickle. Motion carried, 6 ayes - 0 nays. 17. Deliberate and act on a Resolution accepting the bid and approving a Notice of Award for the TDRA CDBG #729599 Sewer System Manhole Improvements Project in the City of Paris to B. Bray Construction, the lowest responsible bidder; and authorizing the City Manager to negotiate and execute all necessary documents. ~ Regular Council Meeting May 14, 2012 Page 6 Mayor Hashmi said this item was a duplicate of item 18 and no action was needed. Mayor Hashmi inoved to item 18. 18. Deliberate and act on RESOLUTION NO. 2012-049: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND APPROVING A NOTICE OF AWARD FOR THE TDRA CDBG #729599 SEWER SYSTEM MANHOLE IMPROVEMENTS PROJECT IN THE CITY OF PARIS TO B. BRAY CONSTRUCTION, THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Shawn Napier said this project was for replaceinent or addition of fifteen manholes in South Central Paris. Mr. Napier said the money for this project came through a~,~rant from TDRA in the amount of $250,000 and required a match of $50,000 from the City. A Motion to accept the bid and award a contract to B. Bray Construction in the amount of $1 15,269 was made by Council Member Frierson and seconded by Council Member Wright. Motion carried, 6 ayes - 0 nays. 19. Deliberate and act on RESOLUTION NO. 2012-050: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PAR1S, TEXAS; APPROVING A PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES WITH HAYTER ENGINEERING, INC., ASSOCIATED WITH THE CITY'S APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD DRINKING WATER STATE REVOLVING FUND LOAN; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Napier explained that the City had submitted an application to the Texas Water Development Board for a Drinking Water State Revolving Fund loan in the amount of approxiinately $3.4-million dollars for the replacement of 15 water lines in the City's Capital Improveinent Project. He also said the City qualified for a green project, which meant the City qualified for approximately 15% (510,317) loan forgiveness. Mr. Napier stated having the green qualification reduces the loan amount to $2,895,000. 20. Deliberate act on RESOLUTION NO. 2012-051: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING A PROPOSAL FOR PROFESSIONAL SERVICES WITH MCCALL, PARKHURST & HORTON, L.L.P., BOND COUNSEL SERVICES ASSOCIATED WITH CITY'S APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR A DRINKING WATER STATE REVOLVING FUND LOAN; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. ~ Regular Council Meeting May 14, 2012 Page 7 A Motion to approve the proposal with Hayter Engineering for services related to the City's application was made by Council Meinber Grossnickle and seconded by Council Member Frierson. Motion carried, 6 ayes - 0 nays. 21. Deliberate and act on RESOLUTION NO. 2012-052: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING A PROPOSAL WITH SOUTHWEST SECURITIES FOR FINANCIAL ADVISORY SERVICES ASSOCIATED W[TH CITY'S APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR A DRINKING WATER STATE REVOLVING FUND LOAN; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve a proposal with Southwest Securities was made by Council Member Grossnickle and seconded by Council Member Frierson. Motion carried, 6 ayes - 0 nays. 23. Deliberate and act on RESOLUTION NO. 2012-053: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID FOR THE CONSTRUCTION OF SINGLE-FAMILY HOMES UNDER A HOME PROGRAM GRANT RECEIVED FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA), IN THE CITY OF PARIS, TEXAS TO WHITAKER HOMES, THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Anderson reported that the City had received a HOME Program grant from the Texas Department of Housing and Community Affairs to build up to eleven new homes for qualified low and moderate income homeowners. A Motion to award the bid for the construction of single-family homes under the HOME Program was made by Council Member Frierson and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. 24. Update on May 2012 meeting dates. City Clerk Janice Ellis said that the State Statute allowed for official canvassing of the votes to be between the dates of May 15 and May 23, and that a special City Counci] meeting had been scheduled for May 21 at 5:30 p.m. In addition, she said that the second regular scheduled meeting in May fell on a holiday and that the first available date for the second meeting was Thursday, May 31. 25. Deliberate and act on RESOLUTION NO. 2012-054: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE CONTRACT FOR THE REHABILITATION OF THE EAST ELEVATED STORAGE TANK TO CLASSIC PROTECTIVE COATINGS, INC., THE LOWEST RESPONSIBLE 8 Regular Council Meeting May 14, 2012 Page 8 BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Sullivan said rehabilitation of the east elevated storage tank was included in this year's Capital Improveinents Budget and the lowest responsible bidder was Classic Protective Coatings. A Motion to award a contract in the ainount of $808,334 to Classic Protective Coatings, Inc. for rehabilitation of the east elevated storage tank was made by Council Member Grossnickle and seconded by Council Meinber Frierson. Motion carried, 6 ayes - 0 nays. 26. 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, as follows: Courtney Akard vs. City of Paris; Cause No. C-l 1135; County Court at Law, Lamar County, Texas. Mayor Hashmi convened City Council into executive session at 9:12 p.m. 27. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashini reconvened City Council into open session at 9:23 p.m. 28. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. 29. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Mayor Hashini. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 9:23 p.in. A.J. HASHMI, MAYOR JANICE ELLIS, CITY CLERK 9 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 21, 2012 The City Council of the City of Paris met for a special session at 5:30 p.m. on Monday, May 21, 2012, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Joe McCarthy; Robert Avila; John Wright; Richard Grossnickle; and Matt Frierson City Staff: Gene Anderson, Interim City Manager/Finance Director; Kent McIlyar, City Attorney; and Janice Ellis, City Clerk Absent: Council Member: Edwin Pickle Opening A2enda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:41 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. Regular Agenda 4. Deliberate and act on a RESOLUTION NO. 2012-055: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CANVASSING THE RETURNS FOR THE MAY 12, 2012, GENERAL ELECTION FOR COUNCIL DISTRICTS l, 2, 3 AND 6; DECLARING THE WINNERS IN SAID ELECTION; DECLARiNG THE TERMS OF OFFICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Clerk Janice Ellis gave the official election results as follows: In District One, Aaron Jenkins received a total of 36 votes and Don Shelton received a total of 27 votes. Aaron Jenkins was declared the winner in District One. In District Two, Billie S. Lancaster received a total of 35 votes and Robert Avila received a total of 17 votes. Billie S. Lancaster was declared the winner in District Two. In District Three, John Wright received a total of 61 votes and 10 Special Council Meeting May 21, 2012 Page 2 Marvin Wroten received a total of thirty-four votes. John Wright was declared the winner in District Three. In District Six, Cleonne Holmes Drake received a total of 209 votes and Edwin Pickle received a total of 128 votes. Cleonne Holmes Drake was declared the winner in District Six. A Motion to approve the election returns for the Regular Municipal Election was made by Council Member Grossnickle and seconded by Council Member Frierson. Motion carried, 6 ayes - 0 nays. 5. Recognition of outgoing Council Members for their service. On behalf of staff, City Council and citizens of the City of Paris, Mayor Hashmi thanked Council Members Joe McCarthy, Robert Avila and Edwin Pickle for their service on the City Council and presented plaques to Mr. McCarthy and Mr. Avila. Mayor Hashmi asked Ms. Ellis to make sure that Mr. Pickle received his plaque. 6. Issuance of Certificate of Election; Administer Statement of Elected Officer to Council Members; and Administer Oath of Office to newly elected Council Members. Ms. Ellis issued the Certificate of Election; administered the Statement of Elected Officer; and administered the Oath of Office to Council Members Aaron Jenkins, Billie S. Lancaster and Cleonne Holmes Drake. 7. Election by City Council of Mayor and Mayor Pro-Tem to serve the City of Paris for the next year. Mayor Hashmi opened the floor to accept nominations for Mayor. A Motion to nominate A.J. Hashmi by acclamation for Mayor was made by Council Member Grossnickle and seconded by Council Members Lancaster and Wright. Mayor Hashmi asked if there was any opposition and there was none. Mayor Hashmi asked for a vote on the Motion. Motion carried, 6 ayes - 0 nays. Mayor Hashmi closed the floor for nominations for Mayor and opened the floor to accept nominations for Mayor Pro-Tem. A Motion to nominate Richard Grossnickle by acclamation for Mayor Pro-Tem was made by Mayor Hashmi and seconded by Council Member Frierson. Mayor Hashmi asked if there was any opposition and there was none. Mayor Hashmi asked for a vote on the Motion. Motion carried, 6 ayes - 0 nays. 11 Special Council Meeting May 21, 2012 Page 3 8. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Drake. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 6:52 p.m. A.J. HASHMI, MAYOR JANICE ELLIS, CITY CLERK 12