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05-APPROVAL OF OFFICIAL RECORD OF SEPTEMBER COUNCIL MEETINGSubmittal Date: 10/04/2012 Council Date: 10/08/2012 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 Council Minutes from the meeting of September 24, 2012. BOARD�COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting ACTION: ❑ Financial Report � Minute Order ❑ Department Report ❑ Resolution ❑ Presentation ❑ Ordinance ❑ Public Hearing ❑ Other BUDGET INFO: Budgeted Amt. YTD Actual Acct. Name Acct. Number $ $ $ Agenda Item No.: 5. City of Paris Revised 2/04/08 _�� 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 24, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 24, 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; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; Gene Anderson, Finance Director; Ron Sullivan, Public Works Director; and Kent Klinkerman, EMS Director OAening Agenda Call �neeting to order. Mayor Hashini called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Bob Bush gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. Pat Conrad, 665-26th S.E. — she inquired when new sidewalks, lights and trash cans were going to be installed west of the Plaza. Consent A�enda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Wright asked that item 11 be pulled for discussion. He said first three change orders were brought to Council but not change order four and that the process should be consistent. ��� 2 Regular Council Meeting September 24, 2012 Page 2 A Motion to approve the Consent Agenda was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 5. Discuss and act on the approval of minutes from the meeting on September 4, 2012; September 5, 2012; September 6, 2012; September 10, 2012; and September 17, 2012. 6. Receive and discuss reports and/or minutes from the following boards, commissions, and committees: a. Airport Advisory Board (6-21-2012 & 7-19-2012) b. Planning and Zoning Commission (7-2-2012) c. Traffic Commission (8-7-2012) d. Paris Economic Development Corporation (8-14-2012) 7. Discuss August monthly financial report. 8. Discuss August drainage ditch maintenance report. 9. Discuss dilapidated structure report. 10. Discuss possible future amendments to the City of Paris Charter. 11. Discuss and act on a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING CHANGE ORDER NO FIVE TO THE CONTRACT BETWEEN BOBBY SMALLWOOD CONSTRUCTION CO., INC. AND THE CITY OF PARIS, TEXAS IN THE AMOUNT OF TWO HUNDRED SEVEN THOUSAND SIX DOLLARS AND 62/100 ($237,006.62) FOR CLARKSVILLE STREET DOWNTOWN SIDEWALK PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Re�ular Agenda 12. Discuss, public hearing and act on RESOLUTION NO. 2012-081: A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF PARIS, TEXAS, APPROVING AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF AGRICULTURE TEXAS CAPITAL FUND MAIN STREET PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Napier explained this project was for replacement of sidewalk on both sides of Bonham Street from First Street to Second Street, and a portion of sidewalk in front of the YWC that had trip hazards. Mayor Hashmi said he did not favor the ideal of replacing sidewalks without also replacing the infrastructure. Mr. Napier said they could not place infrastructure � �. � 3 Regular Council Meeting September 24, 2012 Page 3 under sidewalk on this specific project because of location of basements. Council Member Grossnickle suggested they look at other options for replacing infrastructure and emphasized that the City did not want to lose this grant opportunity. Council Member Wright expressed concerns about safety hazards prior to replacement of the sidewalks. Mr. Godwin said the City would initiate measures to ensure safety. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak of support of this item, to please come forward. Mayor Hashmi asked for anyone wishing to speak of opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. A Motion to approve an application for funding for a sidewalk improvement project was made by Council Member Grossnickle and seconded by Council Member Lancaster. Motion carried, 7 ayes - 0 nays. 13. Public hearing on proposed amendments to budget for fiscal year 2012-2013 for the City of Paris. City Manager John Godwin said the only amendment was the addition of $15,000 for the animal shelter for education purposes and vouchers for the spay and neuter program. Mayor Hasl�uni opened the public hearing and asked for anyone wishing to speak of support of this item, to please come forward. Mayor Hashmi asked for anyone wishing to speak of opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. 14. First reading, discuss and possibly act on ORDINANCE NO. 2012-024: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. A Motion to adopt the budget except for the money saved on the bond, that any project the manager deems necessary be fixed or allowed, and the expenses come out of the general fund was made by Council Member Wright and seconded by Mayor Hashmi. Council Member Frierson asked for clarification. Council Member Wright said he wanted to approve the budget subject to reserving the funds saved from the bond, the 2.2 inillion to be used for the infrastructure when they get the plan, but allow any project the Manager deems necessary to be L �., � � Regular Council Meeting September 24, 2012 Page 4 paid for out of the general fund. Council Meinber Frierson confinned it had to be deemed necessary by the City Manager. Mr. Godwin confirmed that items such as SCADA, was to be funded from the general fund reserves. Council Member Frierson inquired about the money allocated for the water and sewer line projects. Council Member Wright said that would come out of the general fund. Mayor Hashmi confirmed that whatever the City Manager decided to spend that he could spend out of the general fund, but the 2.2 million bond money would not be spent until a plan was in place for infrastructure. Council Member Frierson also confirmed that the City Manager was authorized to start the work October 1 S`. Mayor Hashmi said he seconded the Motion and asked if anyone was opposed. Motion carried, 7 ayes — 0 nays. 15. First reading, discuss and possibly act on ORDINANCE NO. 2012-025: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, FIXING THE TAX RATE AND THE TAX LEVY AND LEVYING AD VALOREM TAXES FOR THE CITY OF PARIS FOR THE CALENDAR YEAR 2012 UPON ALL TAXABLY PROPERTY WITHIN THE CITY OF PARIS 1N CONFORMITY WITH THE CHARTER PROVISIONS AND ORDINANCES OF THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin said the tax rate was 41.487 cents per $100 of value and debt service cost was 9.620 cents per $100 value. Mr. Godwin also said that the tax rate was 51.107, which was a reduction of almost a penny. Mr. Godwin informed City Council that this tax rate was the lowest it had been since 1993. Mayor Hash�ni expressed appreciation to the City Manager John Godwin and Finance Director Gene Anderson for their work on the budget. A Motion to invoke the super majority rule was made by Council Member Lancaster and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. A Motion to approve this itein was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 16. First reading, discuss and possibly act on ORDINANCE NO. 2012-026: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER FUNDS FROM UNENCUMBERED APPROPRIATION BALANCES TO OVER- EXPENDED ACCOUNTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTNE DATE. Finance Director Gene Anderson explained this was an annual year-end housekeeping ordinance the increased certain departmental budgets to cover anticipated expenditures. Mr. Anderson said the increases were offset by decreasing other departmental budgets and the total budget remained unchanged. '� � � � Regular Council Meeting September 24, 2012 Page 5 A Motion to invoke the super majority rule was inade by Council Member Wright and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. A Motion to approve this itein was made by Council Member Lancaster and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 17. First reading, discuss and possibly act on ORDINANCE NO. 2012-027: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO GLENN AND DEBI BOLYARD D/B/A TRASITY BUSINESS FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND 1NDUSTRIAL 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 Wright and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 18. Discuss and act on RESOLUTION NO. 2012-082: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING A MEMBER TO THE MAIN STREET ADVISORY BOARD TO SERVE THE UNEXPIRED TERM OF KARI DANIELS, WHICH EXPIRES JUNE 30, 2014; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to appoint Fred Green to serve the unexpired term of Kari Daniels was made by Council Grossnickle and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. 19. Receive report, discuss and possibly act on drainage problem on York Street. City Engineer Shawn Napier said they had finished a plan to redo the drainage behind the property and had been trying to get in touch with the property owner, Mr. Hill. Mr. Napier said Mr. Hill would need to approve re-grating the channel. He said they had done training on their new survey equipment and hoped to survey the area behind Ms. Carcuffe's property within the week. Council Member Wright asked about a completion date. Mr. Napier said if Mr. Hill would sign off on their plan, they would try to proceed as soon as possible. Council Member Wright thanked Mr. Napier and also expressed appreciation on behalf of Ms. Carcuffe. 20. Discuss and provide direction on policy requiring two readings of an ordinance and other agenda processes. � �: ., � Regular Council Meeting September 24, 2012 Page 6 Mayor Hashmi said his initial suggestions were iteins such as preliminary plats be placed on the consent agenda. Mayor Hashmi said he was opposed to conducting two public hearings for disannexations on the same night because of perception. Mr. Godwin agreed. Mayor Hashmi said the decision setting rank and file within the Police and Fire Departments should continue to be made by the City Council. John Godwin said City Council might want to consider the requirement of second readings for ordinances, because it would allow them to be placed on the consent agenda. Council also discussed the policy of requiring any item over 15,000 coming back to the Council for approval. It was a consensus of the City Council that if an item was already budgeted and pre-approved by the Council that it did not need to go to Council for approval again. It was also a consensus of City Council that staff did not need to bring expenses that were over $50,000 to Council for approval unless it was required by State Law. Mayor Hashmi and Council Member Wright expressed concern about multiple changes orders that exceeded the limit. Mr. Godwin said he would bring a policy for review by City Council with regard to certain plats, changes orders and second readings of ordinances. 21. Discuss merit raises for city employees. Mayor Hashmi said that Council Member Wright requested this item. Council Member Wright said they had some fantastic city employees, that merit raises were good, and that people who qualified should be recognized. He also said he thought there should be a policy as to the decision reached for awarding merit raises. Mayor Hashmi said he would like to know which employees got the merit raises and he would like to recognize them in a Council meeting for their hard work. Council Member Frierson said individuals might get tension or stress from their co-workers. Mr. Godwin said he would like to brag on those employees, but some of those einployees would not want to be publically recognized for a merit raise. Mr. Godwin also said it did not mean that the 80% of the employees who were not getting raises were not good einployees and it could hurt their feelings. Mr. Godwin said he had been on the job for three and one-half months and this first year had depended on supervisors' opinions and for the most part followed those recommendations. Council Member Wright wanted to know if any consideration was given as to whether or not they got a step pay increase along with the merit raise. Mr. Godwin said raises should be based on merit, so that you could get a merit raise and a step increase both in the same year. Council Member Wright asked Mr. Godwin if he found out differently to let thein know. On behalf of the employees receiving merit raises, Mr. Godwin thanked the Council. 22. Convene into Executive Session: Mayor Hashmi convened City Council into Executive Session at 6:29 p.m. a. Pursuant to Section 551.072 of the Texas Governinent Code, to discuss the purchase, exchange, lease, or value of real property. b. Pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about pending or l.L'., . � Regular Council Meeting September 24, 2012 Page 7 conteinplated 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 conflicts with this chapter, as follows: • Cause No. 81106; Ceclia Kane vs. Paris-Lamar County Health Department and Anthony Bethel; 62"d Judicial District Court, Lamar County, Texas. • Jack Besteman claim. 23. Reconvene into open session and possibly take action on those inatters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 7:52 p.m. and said that Council was going to discuss item 22 a. in open session. Andy Faskin, residing at 4095 Sunset View said he represented the RAM Foundation and they were trying to help the Health Department and New Hope Shelter get into a new facility. Mr. Faskin said his understanding was that the City was interested in helping purchasing a building, but the County was not and that RAM Foundation would like to step in and help. Mr. Faskin told the Council they were flexible as to how to set it up. Mayor Hashmi asked Mrs. Prestridge about the estimated cost of rehabilitation of the building. She informed the Council she had met with Bobby Smallwood and the bid was $107,500 but that they could cut some expenses reducing it to $100,000. Mrs. Prestridge said the cost of the building was $200,000. Council Member Drake said she would first like to see an appraisal of the building. Council Member Grossnickle asked if grants had been pursued and Mr. Faskins said they were working on options. City Council Members expressed appreciation to Mr. Faskins and decided to postpone this item to a future meeting pending additional information. 24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mr. Godwin reminded everyone that the fair would open the following day. 25. 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 7:04 p.m. JANICE ELLIS, CITY CLERK �, � � $ A.J. HASHMI, MAYOR Regular Council Meeting September 24, 2012 Page 8 � � � �