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10/13/2014MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS October 13, 2014 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, October 13, 2014, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Matt Frierson Council Members: Richard Grossnickle; Aaron Jenkins; Billie Lancaster; Benny Plata; Edwin Pickle; and A.J. Hashmi City Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Jerry McDaniel, Public Works Director; Larry Wright, Fire Chief, Bob Hundley, Police Chief; Doug Harris, Utilities Director; and Kent Klinkerman, EMS Director Opening Agenda 1. Call meeting to order. Mayor Frierson called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Ben Read gave the invocation. 3. Pledge of Allegiance. Council Member Hashmi led the pledge. 4. Citizens' Forum. Jim, Bell, and 720 -39th S.E. — he expressed appreciation to the City staff for their help with the ALDI store. He said he understood that the City was operating under the 2008 Electrical Code and that he thought that was preventing some development, as well as remodeling. He also said he understood that even if the City did not enforce the regulations, that the State would enforce them. Regular Council Meeting October 13, 2014 Page 2 Consent Agenda Mayor Frierson inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. There being none, a Motion to approve the consent agenda was made by Council Member Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 5. Approve the minutes from the City Council meetings on September 15, 2014 (joint meeting with PEDC); September 18, 2014; and September 22, 2014. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Paris -Lamar County Health District (8 -19 -2014) b. Paris Public Library Advisory Board (8 -20 -2014) c. Airport Advisory Board (7 -17 -2014) d. Historic Preservation Commission (8 -25 -2014) 7. Accept the bid and award a contract to Simwick, LLC in the amount of $122,183.89 for the 2014 Downtown Sidewalk Improvements Project, TCF Contract No. 713272. 8. Approve a Final Plat for Summerwood Estates Phase II. Regular Agenda 9. Discuss and act on awarding Contract BI to B. Bray Construction in the amount of $2,425,002.00 for the 2013 Bond Fund Water Sanitary Sewer Replacement Project, and provide staff feedback on future street repairs. City Engineer Shawn Napier told the City Council that seven bids were received and that B. Bray Construction was the low bid and in the amount of $2,383.752. Mr. Napier explained the low bid included additive alternatives 1 -6 to cover the entire street width after the utilities had been installed. He said the first three alternates included a type "F" to mix asphalt repair and bid alternatives 4 -6 included micro - surfacing repairs. He explained the projects for Contract B1 included 1) water and sewer for W. Houston Street from Loop 286 to 34th NW Street; 2) water for Maple Avenue between 17th NW and 13th NW Streets; 3) water and sewer for 19th SW Street starting at W. Kaufinan going south to just past the railroad; and 4) a sewer collector line from Battles Lift Station going south to Bonham Street and another section of sewer from the Campbell Street and 28th N.W. Street intersection west to Loop 286. Mr. Napier said the additions would increase the proposed contract by $42,250 making the total contract amount $2,425.002. Council Member Hashmi confirmed with City Manager John Godwin that this complied with the bond. Mr. Godwin said one issue they needed to discuss was Pine Bluff Street was going to be pretty much destroyed, because there were water lines, sewer lines and drainage issues. He said he wanted to let the Council know that there would need to be quite a lot more money spent on that project than the other projects, and they were about to start the engineering on that road project. Regular Council Meeting October 13, 2014 Page 3 A Motion to approve this item was made by Council Member Hashmi and seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. 10. Receive update on response from Texas Attorney General's office regarding PEDC investigation. Mayor Frierson said he asked that this item be placed on the agenda in follow -up to the public commentary and discussion. He also said they owed it to the citizens to make sure the exact response from the Texas Attorney General's Office was conveyed to the public. Mr. Godwin said he did not have anything new since he sent an e -mail to the Council last week. He said on the Thursday following the last Council meeting he sent the information to the Texas Attorney General's office and that the certified mail receipt was signed by that office on Monday, September 29th. Mr. Godwin reported that on the morning of the 3e he and Captain Gregory traded phone calls and that he received an e -mail from Captain Gregory, which he displayed on the screen. Mayor Frierson said he wanted to make sure the City Manager relayed the exact response to the public. Council Member Hashmi asked if this was for discussion and action. Mayor Frierson said this was not an action item, but just to receive an update. 11. Return of oversight of the PEDC to the City Council, history of loss of over - sight, Possible directions to return such oversight. Discuss and possibly act. Council Member Lancaster said she was interested in how oversight was lost on PEDC and had done much research on it. She said she agreed with Council Member Pickle, in that they needed to have as much oversight as possible over the PEDC and get back on track. Council Member Lancaster said she did find that Mr. Gilbert hired attorney Jeff Moore to give him talking points to the City Council to reduce the oversight. She also said the attorney's bill was $409.00, which was received September 10, 2012. She said Mr. Anderson could clarify there was some change in PEDC's bookkeeping. Mr. Anderson said PEDC made some changes to their account names and how they tracked expenses. Mr. Anderson also said it was his understanding that new accounts were added to match consultant Richard Seline's recommendations. Mr. Anderson said these changes made it difficult to tell exactly what fell under line items, because they were so broad or generic. He also said PEDC could put a lot of different types of things in those line items. Council Member Lancaster confirmed with Mr. Anderson that details were not as clear. Mr. Anderson said it was difficult to tell what was spent for different things. Council Member Lancaster confirmed more items were lumped together. Mr. Anderson stated PEDC had previously used the same basic accounts that the City used. Council Member Lancaster said that was what she had seen too. Council Member Lancaster said Mr. Moore's talking points were concerns that might impact the ability of the EDC if City Council was required to approve all projects. She also said Mr. Moore said taking all projects to City Council exposed projects to political barriers. Council Member Lancaster said one of Mr. Moore's talking points was the City Council typically does not have time nor takes the time to deliberate on economic development project details and that is why they had EDC's. Council Member Lancaster said the lack of oversight is what led to Regular Council Meeting October 13, 2014 Page 4 some misuse, questionable use and that she certainly wanted to put that back on the City Council. She said it would take some time, but then maybe things that happened in the past would not happen in the future. Council Member Lancaster recommended that they make changes which would include the City Council receiving more detail as to what was going on. She said she did not mind taking the time and it was important. Council Member Pickle said two weeks ago that he, Janice Ellis, Shannon Barrentine, Rebecca Clifford and Don Wilson went to visit the Kilgore and Tyler EDCs and it was very informative. He said he thought the group came back with a lot of information, which he provided to the mayor and city manager. Council Member Pickle informed the City Council that the KEDC enters into an annual contract with the City of Kilgore and the employees of the KEDC are employees of the City. He said the PEDC Board continues to make recommendations and he did not want to diminish the responsibility of the PEDC but thought there needed to be better controls. Council Member Pickle said the financial part of it could go through Finance Director Gene Anderson. He also said the City Council needs to make good decisions as to who they place on the Board. Council Member Pickle said the PEDC had not met yet about this information and asked that any action be deferred. 12. Convene into Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about pending or contemplated litigation and /or on matters in which the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, clearly conflict with this chapter, as follows: • Claim for reimbursement of health insurance premiums • Paris Warehouse 107, Inc. Tax Abatement Agreement. Mayor Frierson convened City Council into executive session at 5:59 p.m. 13. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Frierson reconvened City Council into open session at 6:22 p.m. and stated that the city attorney had given the Council an update on the two posted items. 14. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Mayor Frierson invited everyone to attend the Festival of Pumpkins, which is scheduled for Saturday, October 25 in downtown. Council Member Pickle encouraged everyone to participate in the ongoing United Way Campaign. Regular Council Meeting October 13, 2014 Page 5 15. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Members Plata and Jenkins. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 6:25 p.m. MATT FRIERSON, MAYOR 9AA NICE �EL L I � I CLK ER