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05-APPROVAL OF OFFICIAL RECORD OF SEPTEMBER COUNCIL MEETINGSSubmittal Date: 09/17/2012 Council Date: 09/24/2012 CITY COUNCIL AGENDA ITEM BRIEFING SHEET Originating Department: I Presented By: City Clerk RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE�S�: Approval of Official Record of Council. BACKGROUND: Janice Ellis Agenda Item No.: 5. Council Minutes from the meetings of September 4, 2012; September 5, 2012; September 6, 2012; September 10, 2012; and September 17, 2012. BOARD�COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meetings ACTION: ❑ Financial Report � Minute Order ❑ Department Report ❑ Resolution ❑ Presentation ❑ Ordinance ❑ Public Hearing ❑ Other Fisc�. NoTES: BUDGET INFO: Expense Budgeted Amt. YTD Actual Acct. Name Acct. Number $ $ $ City of Paris Revised 2/04/08 . ,, . 1 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 4, 2012 The City Council of the City of Paris met for a special session at 5:00 p.m. on Tuesday, September 4, 2012, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; John Wright; Richard Grossnickle; Matt Frierson; and Cleonne Drake City Staff: John Godwin, City Manager; Shawn Napier, City Engineer; Gene Anderson, Finance Director; Kent Klinkerman, EMS Director; and Priscilla McAnally, Library Director 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:02 p.m. 2. Budget workshop — discuss proposed 2012-2013 Budget. City Council discussed departmental budgets for the Finance Department, City Clerk, Emergency Medical Services, IT, and the Library. 3. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Meinber Drake. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 6:36 p.m. JANICE ELLIS, CITY CLERK _�. 2 A.J. HASHMI, MAYOR MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 5, 2012 The City Council of the City of Paris met for a special session at 5:00 p.m. on Wednesday, September 5, 2012, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; John Wright; Richard Grossnickle; Matt Frierson; and Cleonne Drake City Staf£ John Godwin, City Manager; Kent McIlyar, City Attorney; Shawn Napier, City Engineer; Gene Anderson, Finance Director; Kent Klinkerman, EMS Director; and Priscilla McAnally, Library Director 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:01 p.m. 2. Budget workshop — discuss proposed 2012-2013 Budget. City Council discussed departmental budgets for the Community Development, Engineering, Cox Field, Fire, Police, City Council, Legal Department and Municipal Court. 3. 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 andlor 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: East Elevated Storage Tank Rehabilitation Project. City Manager John Godwin asked that City Council move to item 5, as an executive session was not needed. 4. Reconvene into open session. 5. Discuss and act on RESOLUTION NO. 2012-076: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, RESCINDING THE CONTRACT AWARD TO CLASSIC PROTECTIVE COATINGS AND AWARDING A CONTRACT TO MK PAINTING INC. FOR THE REHABILITATION OF THE EAST .�.. 3 Special Council Meeting September 5, 2012 Page 2 ELEVATED WATER TANK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Godwin said Classic Protective Coatings still had not executed the contract; they had not given the City a start date; and that staff recommended rescinding the contract to Classic and awarding a contract to MK Painting. A Motion to rescind the contract with Classic and award a contract to MK Painting was made by Council Member Frierson and second by Council Member Jenkins. Motion carried, 7 ayes — 0 nays. 6. Adj ournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 6:50 p.m. JANICE ELLIS, CITY CLERK A.J. HASHMI, MAYOR �y� 4 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 6, 2012 The City Council of the City of Paris met for a special session at 5:00 p.m. on Thursday, September 6, 2012, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; John Wright; Richard Grossnickle; Matt Frierson; and Cleonne Drake City Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Gene Anderson, Finance Director; Doug Harris, Utilities Director; and Ron Sullivan, Public Works Director 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:00 p.m. 2. Budget workshop — discuss proposed 2012-2013 Budget. City Council discussed the budget presentation and process. Mayor Hashmi said the budget was good, but in the future he would like to know more about productivity and hear from department heads about plans they have for their departments. Mr. Godwin said that he was not given direction on this budget as to whether or not they wanted to have several budget meetings with department heads to give presentations or if they wanted one long budget meeting. Council Member Drake said that she would like to hear from department heads next year regarding where they wanted their departments to be in five and ten years. Mr. Godwin said planning needs to start with the Council. Council Member Frierson asked that an item be placed on the agenda in the next couple of months about planning. Council Member Wright verified with Mr. Godwin that the plan should come after re-organization and changes with key people in place. City Council discussed departmental budgets for Public Works, Public Utilities and City Manager. Council Member Lancaster asked that $15,000 be added to the animal shelter budget to help with neutering and spaying of animals that were to be adopted. Council Member Grossnickle added they should contact the Meadows Foundation about a possible grant. -� � Special Council Meeting September 6, 2012 Page 2 3. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Wright and was seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 5:28 p.m. JANICE ELLIS, CITY CLERK .�_, 6 A.J. HASHMI, MAYOR MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 10, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 10, 2012, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; John Wright; Richard Grossnickle; Matt Frierson; and Cleonne Drake City Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; Gene Anderson, Finance Director; Ron Sullivan, Public Works Director; Kent Klinkerman, EMS Directar; and Doug Harris, Utilities Director Opening Agenda Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Reverend James Price gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. William McGill, of the Gypsy Motorcycle Club — he expressed appreciation for motorcycle awareness signs. He said in the last twelve months there had been motorcycle accidents involving fourteen injuries, eight non-accident injuries and one fatality. Mr. McGill presented the Council with yard signs. Charles Richards - he said that there were several members of the PJC basketball team present. - `� � Regular Council Meeting September 10, 2012 Page 2 Consent Agenda Mayor Hashini inquired of Council Members if they wished to pull any items froin the Consent Agenda for discussion. There were none. A Motion to approve the Consent Agenda was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 5. Deliberate and act on the approval of minutes from the meetings on August 13, 2012; August 22, 2012; and August 27, 2012 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Visitors and Convention Council (5-24-2012) b. Paris Public Library Advisory Board (6-27-2012 and 7-18-2012) c. Paris-Lamar County Board of Health (7-24-2012) d. Board of Adjustment (7-17-2012) e. Historic Preservation Commission (8-8-2012) Regular Agenda Mayor Hashmi asked to move item 19 forward on the Agenda. A Motion to move item 19 forward was made by Council Member Grossnickle and seconded by Council Member Frierson. 19. Discuss and act on RESOLUTION NO. 2012-079: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACKNOWLEDGING AND APPROVING THE RENEWAL OF A LOAN AGREEMENT AND PROMISSORY NOTE BY AND BETWEEN THE PARIS ECONOMIC DEVELOPMENT CORPORATION `BORROWER" AND CAPITAL ONE, N.A. BANK "LENDER" FOR A REVOLVING LINE OF CREDIT IN THE AMOUNT OF TWO MILLION DOLLARS ($2,000,000.00); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. PEDC Executive Director Steve Gilbert explained this was a renewal of an existing two million dollar line of credit. Mr. Gilbert said EDC had this line of credit available if needed for an economic development project. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 7. Public hearing on the proposed budget for fiscal year 2012-2013 for the City of Paris. __. 8 Regular Council Meeting September 10, 2012 Page 3 Mayor Hashmi opened the public hearing and asked anyone wishing to speak with regard to this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. Council Member Drake said she understood that they could not budget the cost of living raise for retires this year, but would like for it to be considered in the budget next year. Mayor Hashmi said it was a good budget and expressed appreciation to those who assisted in preparation of the budget. Mayor Hashmi also said he would like the presentation of the budget to be different next year and that he and the City Manager had discussed it. 8. Discuss and act on RESOLUTION NO. 2012-077: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2012-2013; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mayor Hashmi said they needed to discuss any amendments to the budget and schedule a public hearing if needed. City Manager John Godwin said there was one change they discussed last week and that was the additional $15,000 in the Police budget line item 215-31. Mr. Godwin said it was for the animal shelter specifically to be used for vouchers so that adopted pets could be spayed or neutered and for an educational program. He also said line item 508-44 would be reduced from $7,000 to zero. A Motion to approve the budget with the exception of the monies that was being saved for the bond, specifically the 2.2 million dollars; that a plan be developed as to how the money would be used; that the City Manager bring the plan back to the Council for approval prior to money being spent was made by Council Member Wright and seconded by Council Member Grossnickle. Council Member Frierson asked for clarification about the 2.2 million, because John had allocated it and 1.2 lnillion dollars was for water and waste water lines and the rest had been allocated. He asked about what type of plan Council Member Wright was hoping to find. Council Member Wright said they did not know what water lines or what else might show up. Council Member Wright said he would like for Mr. Godwin to prioritize. Council Member Frierson asked Council Member Wright if Mr. Godwin had done that, if he had identified the water and wastewater lines. Council Member Frierson said he assumed there was a master plan with engineering. Council Member Wright told Council Member Frierson that he might have been satisfied, but that Mr. Godwin had not made a plan. Council Member Frierson wanted to know if Council Member Wright had asked John Godwin. Council Member Wright replied no, but that he had been at all of the meetings. Council Member Frierson asked Council Member Wright why he didn't ask John at the time. Mayor Hashmi asked for the discussion to be limited. Council Member Frierson said no, that this was part of the discussion and it had been there for three days. Council Member Frierson said he was okay if it had been identified and maybe it could be answered at that time instead of having to come back later. Mr. Godwin said there was a water and sewer bond that was paid off earlier in the year and there was increase of available .�_ � Regular Council Meeting September 10, 2012 Page 4 revenues of right at 2.2 million dollars and in the proposed budget there was 1.2 million dollars for water and sewer lines, $600,000 for each which was not an exact number as discussed last week. Mr. Godwin also said there was about $400,000 in capital equipment and those were the things that Doug Harris spoke about last Thursday. He said there was about $400,000 that was not allocated at all and they could move forward on any of those or wait. Mr. Godwin said he and the Mayor had a meeting the upcoming Wednesday with an engineering firm to discuss planning. Mayor Hashmi inquired if they moved forward in the manner Council Member Wright suggested, would that create a hurdle for Mr. Godwin. Mr. Godwin said it would not. Mayor Hashmi asked if it would delay the process and that his thoughts were that money allocated for specific purposes could still be done from the general fund. Mr. Godwin said all of the items were utility funds and hoped they could do it within the same fiscal year. Mayor Hashmi said this was a large amount of money and that Mr. Godwin had selected some of the firms which were involved in major infrastructure repair work to hopefully assess the City and give them better direction. Mayor Hashmi called for a vote and the motion carried, 6 ayes — 1 nay, with Council Member Frierson casting the dissenting vote. Mr. Godwin said it was not on the Agenda to approve the budget. Mr. McIlyar said they needed to vote on the resolution calling the public hearing on proposed amendments. A Motion to call a public hearing for September 24th was made by Council Member Wright and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 9. First public hearing on a petition for disannexation filed by Teri Palmer for 5.025 acre tract of land, described as Lo Fifteen (15) of the Wildwood Estates Subdivision, a part of the Wesley Askins Survey, No. 7, City of Paris, Lamar County, Texas recorded in Envelope 321-A, Lamar County Plat Records. Mr. Napier told City Council this was the first public hearing; that the second public hearing was scheduled for September 17`�'; and action on this item was scheduled for October gtn Mayor Hashmi asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. 10. First public hearing on a petition for disannexation filed by Robert and Robyn Zimmerman for a 3.00 acre tract of land and a 10.001 acre tract of land, out of the Reddin Russell Survey 3A-786, and being a part of tract #2, a called 48 acre tract of land conveyed to William Bud Newman et ux by deed recorded in vol. 576, Page 562, in the Deed Records of Lamar County Plat Records and as further described in two separate Deeds from Judith Ann Newman, Grantor to Robert O. Zimmerman and wife, Robyn L. Zimmerman, Grantees, recorded as Document #071555-2009 and Document #2002- 00004906, Lamar County Official Deed Records. ' ` .� � Regular Council Meeting September 10, 2012 Page 5 Mr. Napier informed City Council this petition for disannexation was on the same schedule as item 9. Mayor Hashmi asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. 11. Discuss and act on a curb and gutter variance request and the Final Plat of Lot 1, Block A, Farris 235-A Addition, located at 1818 West Henderson. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 12. Discuss and act on the Preliminary Plat of Lots 18, 19, 20, 21 and 22, Block A, Stone Ridge Phase 7. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 13. Discuss and act on a curb and gutter variance request and the Final Plat for Victory Baptist Church CB 316, Lots 1, Block A, located at 3155 Pine Mill Road. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 14. First reading, discuss and possibly act on ORDINANCE NO. 2012-022: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/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. Public Works Director Ron Sullivan said this was an annual application that would allow a solid waste permit to Sanitation Solutions for collecting and transporting solid waste from commercial and industrial units within the city limits. A Motion to invoke the super majority rule was made by Council Member Wright and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. A Motion to approve this ite�n was made by Council Member Wright and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. � � 1 �. Regular Council Meeting September 10, 2012 Page 6 15. First reading, discuss and possibly act on ORDINANCE NO. 2012-023: AN ORDINANCE OF THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO WASTE MANAGEMENT OF TEXAS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/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. A Motion to invoke the super majority rule was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. A Motion to approve this item was made by Council Member Drake and was seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 16. Discuss and act on RESOLUTION NO. 2012-078: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING A PROPOSAL FROM PARIS LIVING, INC. FOR MANAGEMENT SERVICES FOR THE HOMEBUYER ASSISTANCE PROGRAM FUNDED THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Napier said this program would be different than last year, in that the City did not know how many houses would be built. He said the State would have the funds and would decide upon construction of a house based upon the application. Council Member Grossnickle inquired about costs to the City. Mr. Napier said it would cost the City money up-front but the City would receive reimbursement. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 17. Receive report, discuss and possibly act on the drainage problem on York Street. Mayor Hashmi said Council Member Wright requested this item. Council Member Wright asked Mr. Napier for a progress report, specifically what had been done, what was being done and what would be done in the future. Mr. Napier displayed photos of the drainage ditch north of the property and said that it had been cleaned up. He said piles of concrete had been placed in the ditch by the City in attempt to fill the ditch up and those had been removed. He also said a flume had been cleaned out. Mr. Napier said in speaking with neighbors, the water actually had to build up on York Street above a certain elevation before it could drain out of the -� iz Regular Council Meeting September 10, 2012 Page 7 flume and flow to the back. He said they removed the massive amount of debris and it was now flowing smoothly. Mr. Napier said he would continue to work with Mr. Hill, owner of adjoining property and they would continue to work with him to reshape that area so that it would flow all the way to the FM road at a gradual slope, so it would not act as a retention pond. Mr. Napier also said some initial surveying had been done at the back of Ms. Carcuffe's property and Mr. Hill's property but that the data collector said all data was lost due to faulty equipment. He said they were getting new equipment and would resurvey some of the property to ensure that they could make the area drain. Mayor Hashmi said he was glad it was done, but would like future issues to be taken care of in a timely manner. Council Member Wright added it had taken two years and part of the equipment was lost. 18. Discuss dilapidated structure report. Mayor Hashmi said he requested this item to receive an update on progress of the dilapidated houses. Mr. Napier reported 56 structures had been ordered to be demolished by the Buildings and Structures Commission; that 38 structures had been given to Sanitation Solutions to be demolished; that 18 structures had been demolished by Sanitation Solutions; and that 25 structures were scheduled to be presented to Building and Standards in September. Mr. Napier provided City Council with a flow chart of the Substandard Structures process. Code Enforcement Robert Talley informed City Council that Building and Standards Commission does sometimes gives the property owners ninety days to comply. 20. 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: Jack Besteman claim. City Council took a brief recess at 6:12 p.m. to meet the PJC basketball players in attendance and then convened into Executive Session. 21. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 6:37 p.m. 22. Consider and approve future events for City Council and/ar City Staff pursuant to Resolution No. 2004-081. Mayor Hashmi said City Council would have a special meeting September 17`" at 5:30 p.m. to conduct a second public hearing for items 9 and 10. -- i3 Regular Council Meeting September 10, 2012 Page 8 23. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 6:36 p.m. JANICE ELLIS, CITY CLERK A.J. HASHMI, MAYOR _. i� MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 17, 2012 The City Council of the City of Paris met for a special session at 5:30 p.m. on Monday, September 17, 2012, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; John Wright; Richard Grossnickle; Matt Frierson; and Cleonne Drake City Staf£ John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; and Shawn Napier, City Engineer Oqening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. Regular A�enda 2. Second public hearing on a petition for disannexation filed by Teri Palmer for a 5.025 acre tract of land, described as Lot Fifteen (15) of the Wildwood Estates Subdivision, a part of the Wesley Askins Survey, No. 7, City of Paris, Lamar County, Texas recorded in Envelope 321-A, Lamar County Plat Records. A Motion to recuse Council Member Grossnickle was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. Mayor Hashini opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. A Motion to return Council Member Grossnickle to the meeting was made by Council Member Frierson and seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. 3. Second public hearing on a petition for disannexation filed by Robert and Robyn Zimmerman for a 3.00 acre tract of land and a 10.001 acre tract of land, out of the Reddin Russell Survey #A-786, and being a part of tract #2, a called 48 acre tract of land conveyed to William Bud Newman et ux by deed recorded in Vol. 576, Page 562, in the Deed Records of Lamar County Plat Recards and as further described in two separate Deeds from Judith Ann Newman, Grantar to Robert O. Zimmerman and wife, Robyn L. -� �� Special Council Meeting September 17, 2012 Page 2 Zimmerman, Grantees, recorded as Document #071555-2009 and Document #2002- 00004906, Lamar County Official Deed Records. Mayor Hashmi asked Council Member Wright to preside over this item. A Motion to recuse Mayor Hashmi and Council Member Grossnickle was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. Council Member Wright opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Council Member Wright closed the public hearing. A Motion to return Mayor Hashmi and Council Member Grossnickle to the meeting was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 5 ayes — 0 nays. 4. Public hearing to receive comments regarding the completion of the 2010 Texas Capital Fund Main Street Project. City Engineer Shawn Napier said this was a public hearing for closing out the Clarksville Street Project and was required prior to make another grant application. Mr. Napier told City Council that the contract close-out document would be on the September 24`h Agenda. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. 5. Adj ournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 5:37 p.m. JANICE ELLIS, CITY CLERK A.J. HASHMI, MAYOR -� 1�