05-COUNCIL MINUTES FROM 11.12.12Submittal Date:
11/19/2012
Council Date:
11 /26/2012
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Originating Department: � 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 November 12, 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:
r,xpense
Budgeted Amt.
YTD Actual
Acct. Name
Acct. Number
$
$
$
A.genda Item No.:
5.
City of Paris _` � Revised 2/04/08
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
November 12, 2012
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
November 12, 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; Gene
Anderson, Finance Director; Ron Sullivan, Public
Works Director; Kent Klinkerman, EMS Director;
Doug Harris, Utilities Director; and Dale Maberry,
Assistant Fire Chief
Opening Agenda
1. Call meeting to order.
Mayor Hashmi called the meeting to order at 5:30 p.m.
2. Invocation.
Reverend Rodney Slaughter gave the invocation.
3. Pledge of Allegiance.
Council Member Grossnickle led the pledge.
4. Citizens' forum.
Tom Harvey, Cooper, Texas — he asked to be considered for the Fire Chief position.
Fred Williams, FM 79, Paris, Texas — he said he was a member of the Airport Advisory
Board and not everyone on the board was in favor of an air park. He also urged the City to build
more airport hangars, citing the list of people waiting for a hangar.
Reverend Rodney Slaughter, 6705 Misty Glen — he invited everyone to the community
Thanksgiving dinner, scheduled for November 15th at 7:00 p.m. at the First United Methodist
Church.
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Regular Council Meeting
November 12, 2012
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Consent Agenda
Mayor Hashmi inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. Finance Directar Gene Anderson answered questions about the
financial report.
A Motion to approve the Consent Agenda was made by Council Member Frierson and
seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays.
5. Approve the minutes from the City Council meeting on October 22, 2012.
6. Receive reports and/or minutes from the following boards, commissions, and committees:
a. �Main Street Advisary Board (9-18-2012)
b. Paris Public Library Advisory Board (9-19-2012)
7. Receive September monthly financial report.
8. Approve curb and gutter variance; and Final Plat for T&K Machine, Inc. 2220 W. Park
Street, Paris, Texas.
9. Approve Change Order Number One in the amount of $570.00; authorize final payment
in the amount of $5,791.95 and close out the contract with B. Bray Construction for the
CDBG #729599 Sewer System Manhole Improvements Project.
Re�ular Agenda
10. Discuss, conduct public hearing, and act on RESOLUTION NO. 2012-090: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
APPROVING AND AUTHORIZING A TAX ABATEMENT AGREEMENT WITH
T&K MACHINE, 1NC.; MAKING OTHER FINDINGS AND PROVISIONS AND
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
PEDC Executive Director Steve Gilbert said this abatement request was from T&K, a
long-time Paris aerospace parts manufacturing company. Mr. Gilbert said T&K planned to
construct a new 5,000 square foot building, purchase and install three new CNC machines, and
employ fifteen additional employees during the first year. Mr. Gilbert also said T&K's five year
plan included forty-four new jobs, fifteen new machines and a capital investment of $4,216,000.
T&K Plant Manager Cory Campbell answered questions from Council about the operation and
life of machines.
Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in
support or against this item to please come forward. With no one speaking, Mayor Hashmi
closed the public hearing.
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Regular Council Meeting
November 12, 2012
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A Motion to approve the tax abatement was made by Council Member Frierson and
seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays.
11. Discuss, conduct public hearing, and act on the nomination of the "L.O. Hammons" sign
as a Historic Sign located in the Downtown Historic District.
City Engineer Shawn Napier acknowledged receipt of a letter from Dr. Terry Kilgore
dated August 17, 2012 requesting the sign located at 25 Lamar Avenue be considered as a
historical sign. Mr. Napier said the Historic Preservation Commission nominated the sign as a
historical sign to be protected from forced removaL City Council discussed the missing letters
from the sign and inquired if there was a deadline to have them replaced. Mr. Napier said there
was not.
Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in
support or against this item to please come forward. Terry Kilgore spoke in support of the
designation and said that he could have the missing letters replaced within thirty days. With no
one else speaking, Mayor Hashmi closed the public hearing.
Subject to the repair being made within thirty days, a Motion to approve the noinination
was made by Council Member Frierson and seconded by Council Member Lancaster. Motion
carried, 7 ayes — 0 nays.
12. Conduct public hearing to receive comments regarding an application for a$200,000
grant from the U.S. Environmental Protection Agency (EPA) for a Brownfields Cleanup
Grant to remove hazardous substances from the Grand Theater.
Mr. Napier explained a public hearing was required and would allow opportunity for the
community to comment on the proposal. Mr. Napier said the project was estimated at
approxiinately $200,000 and the City's project match was $40,000.
Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in
support or against this item to please come forward. With no one speaking, Mayor Hashmi
closed the public hearing.
13. Discuss and act on selection of an engineering firm to prepare a ten year Capital
Improvement Plan for the City of Paris.
A Motion to bring this item from the table was made by Council Member Drake and
seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays.
City Manager John Godwin said three engineering firms made presentations to City
Council at a special meeting on Monday, October 15, regarding preparation of a ten-year Capital
Improvements Plan. Mr. Godwin also said any of the three firms was capable of completing the
work and doing well. He pointed out that a contract with an engineering firm could not be based
upon a price, because it was prohibited by State Law. Mr. Godwin said once the Council
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Regular Council Meeting
November 12, 2012
Page 4
selected a finn, that he would negotiate a contract. City Council discussed the staff size, firm
location, City familiarity, team members and presentations of the three engineering firms.
A Motion to select KSA was made by Council Member Lancaster and seconded by
Council Member Wright. Council Member Frierson asked for additional discussion. Council
Member Lancaster said she liked the fact that KSA had a designated person for each section of
the work. Council Member Frierson said he favored Hayter Engineering, because they were
local and had experience with the City. Council Member Mayor Hashmi asked for a vote.
Motion carried, 6 ayes — 1 nay, with Council Member Frierson casting the dissenting vote.
Mr. Godwin inquired if Council wanted staff to negotiate an agreement with the preferred
vendor and bring it back to Council or if Council wanted to delegate it to the City Attorney and
City Manager. It was a consensus of City Council for staff to negotiate a contract and bring a
number back to the Council for consideration.
14. Presentation and discuss a possible bond election.
Mayor Hashmi said the presentation and discussion was not for an election, but for
educational purposes regarding the bond issue. He also said the City continuously repairs
infrastructure but infrastructure had not been replaced for a long period of time. Mayor Hashmi
said funds had been allocated for the next year to begin replacement of infrastructure, but if the
replacement process was to continue there should be some type of sustainability. Mayor Hashmi
said if there was a bond, the funds would be committed far infrastructure replacement. He also
pointed out that it would have been easy for Council to issue certificates of obligation for
infrastructure replacement, but that was not the intention of the City Council. Mayor Hashmi
emphasized community involvement in this proposed project to receive input from the residents
as to what the residents wanted done or did not want done. He said if the residents decided they
were not interested in a bond that would be fine with the Council. Mayor Hashmi again
emphasized the importance of this proposed project being a community effort. Dan Almon of
Southwest Securities gave a presentation and answered questions from City Council regarding
the financial analysis of debt repayment considerations associated with a proposed $50,000,000
capital improvement progam. Mr. Almon added that interest rates were as low as they had been
since the early fifties. Mr. Godwin presented a miscellaneous bond data handout to City Council
and pointed out that over time, replacement of old water and sewer lines would significantly
reduce leaks and inflow and infiltration, and reduce maintenance and operating costs at both
treatment plants. Mr. Godwin said in 2011 real losses cost $252,483 and having to treat non-
sewage at the plan cost approximately $308,733. Mr. Godwin also said replacement of old lines
would reduce leaks resulting in a reduction for repairs to broken lines and damaged streets.
15. Discuss and act on an Ordinance amending Section 26-1 Composition of Department, of
Chapter 26 of the Paris Code of Ordinances, changing titles of positions in the Police
Department.
In comparison to other police departments, Chief Hundley said the corporal rank was not
used widely by other departments. He referenced that the responsibilities of Paris Police
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Regular Council Meeting
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Department lieutenants were the same responsibilities as captains in other police departments.
Chief Hundley explained he wanted to change the titles of ranks to those which were more
commonly used by other departments, specifically changing the title positions to sergeants,
lieutenants and captains and eliminate the corporal title. He said the name changes are three
lieutenants to three captains, nine sergeants to nine lieutenants and four corporals to four
sergeants. Chief Hundley said he was asking for a simple title change of these positions; there
was no increase in salaries; and no difference in the job description. He also said this change
was a step in reorganization of the department, because some divisions were too heavy in
supervision while others were lacking in proper span of control. Chief Hundley said the
restructure would take a few years to complete and would be accomplished by attrition. He
stated the more complex change was civil service and if appropriate at the second reading, staff
would bring an amendment to section 26-9 also changing those titles.
16. Receive report, discuss and possibly act on drainage problem on York Street.
Mr. Napier said they were currently in a holding pattern while waiting far rainfall to
determine how the drainage channel was going to work. He said a couple of staff inembers were
going to attend training in a surveying class between Thanksgiving and Christmas. Council
Member Wright wanted to know if Mr. Napier had spoken with Mrs. Carcuffe's neighbor, Mr.
Hill. Mr. Napier confirmed that he had spoken with Mr. Hill and that Mr. Hill was happy with
everything that had been done so far and relayed to Mr. Napier that several other neighbors were
also pleased with the work.
17. Discuss and act on creation of a storm victim relief fund.
Mayor Hashmi referenced the recent storm in New York and New Jersey and thought it
would be a good gesture if the City of Paris could help them. Mr. Godwin said they could
establish a fund for people to make a donation or set up a donation through water bills. Council
Member Grossnickle wanted to know by what means would it be channeled. Mayor Hashmi said
there was a governor's storm fund or the Council could determine if they wanted to support one
family with the collections each month. It was a consensus of City Council for Mr. Godwin to
bring details to the next City Council meeting for consideration.
18. Discuss agenda policies as related to change orders, plats, resolutions, and requirement of
second readings for ordinances.
Mr. Godwin said they had discussed changing policies in four different areas in an effort
to make council meetings more efficient. He said those areas included the use of resolutions, the
use of ordinances, approval of plats and how to deal with capital projects and change orders. Mr.
Godwin presented proposed policy changes to Council. (See Exhibit "A") Mr. Godwin
reviewed the proposed changes and informed City Council that some of the changes would
require amendments to current ordinances. It was a consensus of City Council to follow the
proposed policy changes.
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19. Discuss and act on policies for use of the Old Depot Building.
Since the Chamber of Commerce's lease of the old depot building expired, Mr. Godwin
told Council that management of the community room had become the responsibility of city
staff. Mr. Godwin told Council he had developed a policy for Community Room Use, which
provided for reservations, deposits, fees and included discounts for local non-profit groups and
agencies. He said staffls recommendation was that the PEDC, the Chamber and Lamar County
Genealogy Section continue to meet in the Community Room each month free of charge.
A Motion to approve the policy was made by Council Member Drake and seconded by
Council Member Frierson. Motion carried, 7 ayes — 0 nays.
20. Discuss and act on advertisement for promotion of Cox Field Airport.
Mayor Hashmi announced that he wished to meet with the airport board about this item
prior to discussing it.
21. 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.
• Boomer Trends Magazine & Kenneth Kammer v. the City of Paris; Cause No.
81922, 62"d Judicial District Court, Lamar County, Texas.
Mayor Hashmi convened City Council into executive session at 7:10 p.m.
22. Reconvene into Open Session and possibly take action on those matters discussed in
Executive Session.
Mayor Hashmi reconvened City Council into open session at 7:21 p.m. Mayor Hashmi
said one of the matters discussed was the Jack Besteman claim. A Motion to authorize the City
Manager to negotiate a final settlement amount was made by Council Member Grossnickle and
seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays.
23. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
Nothing was referenced.
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Regular Council Meeting
November 12, 2012
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24. 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, 7 ayes — 0 nays. The
meeting was adjourned at 7:21 p.m.
JANICE ELLIS, CITY CLERK
A.J. HASHMI, MAYOR
�•�
RESOLUTIONS
City council resolutions shall generally not be required except for the following:
1. To approve submittal of a grant or loan, or in any instance in which a resolution is required by a
grantor or lender.
2. To approve an interlocal agreement with another jurisdiction, special district, or different level
of government.
3. When delegating to the mayor, the city manager, or the city attorney the authority to execute
an agreement or contract that is not yet in its final form at the time of approval.
4. To ratify the employment or dismissal by the city council of the city manager, city attorney, or
city judge.
5. To create or modify city council policies.
6. To create or modify advisory boards, commissions, and committees, unless said bodies are
created or modified by ordinance.
7. To authorize certain actions pertaining to the issuance of debt, consistent with state and federal
law thereon.
8. At any time a resolution is required by law.
9. At any time a resolution is required by the mayor, city manager, or city attorney.
�'�� '� � �
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ORDINANCES
City ordinances shall not be required to be read twice prior to adoption except for the following:
1. An ordinance adopting or amending the city's operating budget.
2. An ordinance authorizing the expenditure of an amount greater than $50,000 unless that
expenditure has previously been approved as part of the city's annual operating budget.
3. An ordinance annexing or disannexing property into or out of the city.
4. An ordinance authorizing the sale of certificates of obligation.
5. An ordinance increasing the real ad valorem tax rate.
6. An ordinance adopting new or modified fees and/or fines.
7. When a double vote is required by state or other law.
�
CAPITAL PROJECTS
Any project with a cost of more than $50,000 shall require formal bids. Award of such a bid shall require
action by the city council.
Budgeted projects under $50,000 may be reviewed, approved, and executed administratively.
Unbudgeted projects over $15,000 but less than $50,000 shall not be required to be formally bid, but
must be approved by the city council.
Capital projects shall require execution of a contract in a form approved by the City and proof of
commercial liability insurance from contractor in an amount determined by the City, but in no event less
than $250,000 per occurrence and $500,000 aggregate. The City of Paris, its elected officials, officers
and employees shall be added as additional insured on Contractor's liability policy; Contractor shall also
provide proof of workers compensation insurance as require by State law.
Capital projects in excess of $25,000 shall require a payment bond and in excess of $100,000 shall
require a performance bond in a form approved by the City.
Contractors shall be required to pay retainage of 5% on each pay application for projects greater than or
equal to $400,000, and retainage of 10% for all projects with a contract amount greater $50,000 but less
than $400,000.
Contracts must be reviewed and approved by the city attorney. Where possible, the city shall use a
standard contract template developed by the attorney.
A change order is a type of a contract amendment, and must therefore be processed in a specific
manner. A request for a change order must include the following information before approval:
• The reason for the change;
• A description of the change in the plans and/or the work;
• Quantities or units of time, materials, etc. requisite to complete the change;
• A description of items as either existing or new, with a justification of the unit cost for any new
item; and
• The cost and additional time needed to complete the change(s), with explanations of each.
A change order may be approved administratively if it does not change the basic scope or purpose of the
project, and:
Carries no fiscal impact; or
Does not increase the council-approved contract amount by more than $20,000 or 10�0; or
Does not decrease the council-approved contract amount by more than $30,000 or 20%; or
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• The cumufative effect of multiple change orders does not change the councii-approved contract
amount by more than 25%a.
State law prohibits the original contract price from being increased by more than 25% without a re-
negotiation of the contract, and from being decreased by more than 25% without consent of the
contractor.
In order to minimize change orders and to better ensure sufficient budgetary resources are allocated,
project allowances may be included in bid proposals and resulting contracts for certain targe
construction projects. Such allowances shall not exceed $50,000 or 10% of the original contract
amount, whichever is smaller. The use of allowances shall require the concurrence of the contractor
and the city manager, the evidence of which shall be in writing.
Upon completion of a project, if the contract required council authorization, final payment, release of
retainage, and the acceptance of any public improvements must also be authorized by the city council.
The contractor shall be required to submit a maintenance bond in an amount equal to for 100% of the
value of the contract, good for a period of two years. On an every six months basis, the city clerk shall
ensure the bond is still valid.
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LAND USE & PLATS
1. Building permits may generally not be issued until a lot, tract, or parcel is platted.
2. A preliminary plat must meet certain requirements as described in City of Paris ordinances. A
Preliminary Plat Review form summarizes these requirements; a Preliminary Plat Submittal
Checklist is to be submitted with the preliminary plat application in order to help ensure all parts
to the plat are completed. '
3. The planning & zoning commission shall review all preliminary plats and shall publicly vote to
approve, modify, or deny such plats brought before it within 30 days of their original filings with
the city.
4. Upon approval of a preliminary plat by the planning & zoning commission, a developer or land
owner shall submit a final plat, which shall also meet certain requirements as described in City
of Paris ordinances. A Final Plat Review form summarizes these requirements; a Final Plat
Submittal Checklist is to be submitted with a final plat application in order to help ensure all
parts to the plat are completed.
5. The commission shall review all final plats and shall publicly vote to approve, modify, deny, or
deny with prejudice such plats brought before it.
6. The city council shall subsequently review all final plats forwarded to it by the commission, and
shall likewise publicly vote to approve, modify, deny, or deny with prejudice such plats.
7. Final plat requests that meet all legal requirements shall generally be placed on the council's
consent agenda for ministerial approval without need for discussion.
8. The city council shall, upon the affirmative recommendation of the city engineer, also approve
the acceptance of all dedicated public improvements concurrent with approval of final plats,
also typically as part of its consent agenda.
9. A request for plat approval should be submitted at least 17 days before the �rst Monday of the
month in order to provide sufficient time to review the plat for completeness and accuracy.
10. The planning & zoning commission typically meets once per month, but is always authorized to
meet in special session as often as needed, with full authority to act on any matter before them.
11. Minor plats, that is, those that contain four or fewer lots facing a public street and including no
public easement or ROW dedications, may be approved administratively once all platting
requirements are met.
12. Amending plats are intended only to correct minor errors to an approved plat, and may also be
approved administratively.
13. Replats are new plats of a portion of a previous plat, and must meet all legal and procedural
requirements as an original plat request, including commission and council approval, except that
no preliminary plat is required and certain notification requirements may be waived.
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14. Vacating plats terminate a plat and require a simple statement of vacation if no lots have been
sold. If lots have been sold, a vacating plat requires signatures from all property owners and
action by the planning & zoning commission and city council.
15. Civil work shall generally not be permitted until a preliminary plat is approved by the P&Z and a
site plan has been approved by the city engineer.
16. Site plans and construction plans must be submitted for review and administrative approval. A
Development Plan Review form summarizes requirements for any civil site work.
17. All infrastructure that is to be dedicated to the city shall be constructed according to city
standards and specifications.
18. Developers may request variances from the construction of the normally required curbs and
gutters.
19. A building permit will not be issued until the final plat is approved and filed.
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