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03/2012MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS 1489 March 5, 2012 The City Council of the City of Paris met for a special session at 5:30 p.m. on Monday, March 5, 2012, at the City Council Chambers Conference Room, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Joe McCarthy; Robert Avila; John Wright; Richard Grossnickle; Matt Frierson; and Edwin Pickle City Staff: Gene Anderson, Interim City Manager/Finance Director; Kent McIlyar, City Attorney; and Janice Ellis, City Clerk 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:31 p.m. 2. Convene into Executive Session pursuant to Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as follows: conduct interviews of candidates for the position of City Manager. Mayor Hashmi convened City Council into Executive Session at 5:32 p.m. 3. Reconvene into open session, deliberate and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 7:35 p.m. Mayor Hashmi said all three candidates were good candidates for the city manager position, but that candidates two and three both had more experience. He asked Council who was in favor of offering the position to candidate one. He asked Council who was in favor of offering the position to candidate two, and Council Member Wright, Council Member Avila and Mayor Hashmi all favored candidate two. Mayor Hashmi asked Council who was in favor of offering the position to candidate three and Council Member Pickle, Council Member McCarthy, Council Member Grossnickle and Council Member Frierson all favored candidate three. Mayor Hashmi called candidate three and offered him the position of city manager and told him that Gene Anderson would contact him with the details. Council expressed that they liked candidate three's leadership skills, honesty, experience and progress made in his current city. 1490 4. Adjournment. Special Council Meeting March 5, 2012 Page 2 There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:50 p.m. qhNIfE ELLIS, CITY CLERK k1 !, MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS March 12, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, March 12, 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; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief, Ronnie Grooms, Fire Chief; Ron Sullivan, Public Works Director; and Priscilla McAnally, Library Director Absent: Council Members: Edwin Pickle Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:31 p.m. 2. Invocation. Pastor Van Lazaroff gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. No one spoke. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Mayor Hashmi said he would like to discuss item 6 b. and inquired about the $5,000.00 bonus given to PEDC Executive Director Steve Gilbert. He 1492- Regular Council Meeting March 12, 2012 Page 2 specifically wanted to know how the amount was derived. Mr. Anderson said he did not know the basis, because the PEDC Board made that decision. Mr. Anderson said that future performance awards could be addressed by the City Council during PEDC's budget presentation. A Motion to approve the Consent Agenda was made by Council Member Frierson and seconded by Council Member Avila. Motion carried, 6 ayes — 0 nays. 5. Deliberate and act on the approval of minutes from the meetings on February 13, 2012; February 20, 2012; February 27, 2012; and March 5, 2012. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Airport Advisory Board minutes (11 -17 -2011) b. PEDC minutes (1 -10 -2012) c. Historic Preservation Commission minutes (2 -8 -2012) d. Task Force on Substandard Structures minutes (2 -10 -2012 and 2 -24 -2012) e. Planning and Zoning Commission minutes (2 -6 -2012) Regular Agenda 7. Deliberate and act on the request for a curb and gutter variance; the Preliminary Plat and Final Plat of Lot 1, Block A, Southside Baptist Church, 188 -E Addition, located at 790 Jefferson Road. A Motion to approve this item was made by Council Member Wright and seconded by Council Member Grossnickle. Motion carried, 6 ayes — 0 nays. 8. Deliberate on the Roger Stripland ditch drainage problem; and provide direction to City Staff. Mayor Hashmi said that he requested this item be placed on the agenda, because the rainy season was upon us and this item had been on the drainage ditch report for some time. Shawn Napier reported that on two different occasions Roger Stripland said that water had been within five feet of his house, but did not flood his house. In summary, Mr. Napier said City Staff was going to survey the finished floor elevation (FFE) of the Stipland home, Clement Road and NE 34th near the curve. Mr. Napier said if the curve in the road was higher than the Stripland's FFE then he was going to propose the curve be lowered until the FFE was several inches above the road. With approval from the City Council, Mr. Napier said he would like to bring this back to Council in a month. Regular Council Meeting March 12, 2012 Page 3 9. Presentation of the annual report on racial profiling policy. Chief Hundley introduced Dr. Eric Fritsch from the University of North Texas, who presented the annual report on racial profiling policy. Dr. Fristch went over details of the report and stated that a comprehensive review of the Paris Police Department's bias based profiling policy reflected that the Paris Police Department was fully in compliance with applicable Texas Law. Further, Dr. Fristch stated that the Paris Police Department did not receive any complaints in reference to racial profiling for the year 2011. 10. Presentation and deliberation on water facilities for the City of Paris. Council Member Frierson gave a presentation on the water treatment facility, including the construction and expansion dates, the budget, capacity, employee positions, detailed operations, current goals and long range goals. 11. Deliberate and act on RESOLUTION NO. 2012 -024: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT OF THE CLARKSVILLE STREET SIDEWALK PROJECT, IN THE CITY OF PARIS TO BOBBY SMALLWOOD CONSTRUCTION, THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Engineer Shawn Napier said the low bidder was Bobby Smallwood Construction Co. and that his bid was $237,006.62 for this project. Mr. Napier said the projected consisted of reconstruction of the sidewalks and placing conduit for utilities to be placed underground on Clarksville Street. He further said that the original bid must be awarded as submitted, because the City received a grant in the amount of $150,000.00 He also said that he would be bringing a change order to the March 26th City Council meeting that would reduce the base bid of $186,875.72 to $169,396.47 citing a shortfall for the base bid in the amount of $38,443.87 and $100,637.07 for the overall project. A Motion to accept the bid and award the contract in the amount of $237,006.62 to Bobby Smallwood Construction Co. was made by Council Member Frierson and seconded by Council Member McCarthy. Motion carried, 6 ayes — 0 nays. 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. 1494 Regular Council Meeting March 12, 2012 Page 4 • Pursuant to Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, to -wit: City Manager position. Mayor Hashmi convened City Council into Executive Session at 6:24 p.m. 13. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 6:34 p.m. Mayor Hashmi asked Council Member Grossnickle to brief everyone on the city manager status. Council Member Grossnickle reported that contract amendments were sent to the city manager candidate and negotiations were proceeding forward. 14. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Mayor Hashmi said the Lamar County Chamber of Commerce and the City of Paris were hosting a Fireman's Ball to honor fire fighters in Lamar County, as well as the fire departments who assisted the City of Paris in the 1916 fire. He said the event would be held March 31, 2012, at 6:00 p.m. at the Love Civic Center. Council Member Grossnickle informed everyone about the upcoming training being hosted by the Main Street Advisory Board on Monday, March 19th at the City Council Chambers beginning at 5:30 p.m. 15. Adjournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and was seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 6:37 p.m. I NICE ELLIS, CITY CLERK MINUTES OF THE SPECIAL CITY COUNCIL MEETING v, s OF THE CITY OF PARIS, TEXAS March 20, 2012 The City Council of the City of Paris met for a special session at 5:30 p.m. on Monday, March 20, 2012, at the City Council Chambers Conference Room, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Joe McCarthy; Robert Avila; John Wright; Richard Grossnickle; Matt Frierson; and Edwin Pickle City Staff: Gene Anderson, Interim City Manager /Finance Director; Kent Mcllyar, City Attorney; and Janice Ellis, City Clerk 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Convene into Executive Session pursuant to Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as follows: City Manager contract negotiations. Mayor Hashmi convened City Council into Executive Session at 5:30 p.m. 3. Reconvene into open session, deliberate and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 6:51 p.m. Mayor Hashmi stated that the negotiations with Mr. Godwin were ongoing and this matter would be placed on the next City Council Agenda. 4. Adjournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and was seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 6:51 p.m. 1496 9NICE ELLIS, CITY CLERK Special Council Meeting March 20, 2012 Page 2 MINUTES OF THE REGULAR CITY COUNCIL MEETING 4 9 OF THE CITY OF PARIS, TEXAS March 26, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, March 26, 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; Matt Frierson; and Edwin Pickle City Staff: Gene Anderson, Interim City Manager/Finance Director; Kent Mcllyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; Ron Sullivan, Public Works Director; and Priscilla McAnally, Library Director Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Chief Ronnie Grooms gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. Ray Banks, 3450 Robin Road — he opposed the city manager salary and the candidate. Pete Dalrymple, 620 S.E. 391h Street — he referenced an article in the newspaper written by Don McCaskill and said that no one understood why this city manager candidate was so much better than the other candidates. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Mayor Hashmi said he had a question about item 10 and asked Regular Council Meeting March 26, 2012 Page 2 Council Member Wright if the Task Force on Dilapidated Structures would be meeting again. Council Member Wright said they would not be meeting again unless needed, and that the Task Force would be presenting something to the City Council. A Motion to approve the Consent Agenda was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 5. Deliberate and act on the approval of minutes from the meeting on March 12, 2012. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Historic Preservation Commission (2 -27 -2012) b. Paris Economic Development Corporation (2 -14 -2012; 2 -27 -2012) 7. Deliberate and act on RESOLUTION NO. 2012 -025: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A PROCLAMATION DECLARING THE MONTH OF APRIL AS FAIR HOUSING MONTH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 8. Deliberate on February monthly financial report. 9. Deliberate on February drainage ditch maintenance report.. 10. Deliberate on dilapidated structure report. 11. Deliberate on possible future amendments to the City of Paris Charter. Regular Agenda 12. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2012-010: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE PARTS OF LOT 13, BLOCK 35, CITY OF PARIS, LAMAR COUNTY, TEXAS LOCATED AT 1415 N.W. 19' STREET, FROM A ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A COMMERCIAL DISTRICT (C) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. No one spoke in support of this item. Mayor Hashmi asked for anyone wishing to speak in opposition to this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. Regular Council Meeting March 26, 2012 Page 3 A Motion to invoke the super majority rule was made by Council Member Frierson and seconded by Council Member McCarthy. Motion carried, 7 ayes — 0 nays. City Engineer Shawn Napier explained that owner Ronny Bolton had requested thel% 9 zoning change and that the Comprehensive Land Use Plan Map recommends this property be zoned Commercial. A Motion to approve the zoning change from a One - Family Dwelling District No. 2 to a Commercial District was made by Council Member McCarthy and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 13. Deliberate on application for disannexation filed by Terri Palmer; and provide direction to City Staff. Council 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 Member Frierson. Motion carried, 7 ayes — 0 nays. Council Member Grossnickle left the room. Mr. Napier said City Staff was recommending denial of this request for disannexation. Mr. Napier told the City Council that water was supplied by Lamar County Water Supply District; that the resident was paying for City of Paris trash pickup; and that the Paris Police Department had responded to 11 calls at 4300 Smallwood Road since September 2008. Mr. Napier answered questions from City Council. Mayor Hashmi said he was not in favor of disannexation, but thought that all City residents should be provided services. Mr. Napier said in addition to the services he previously stated, the resident was also receiving Fire and EMS services from the City. Resident Teri Palmer said they were disannexed in 1997 and did not know they were going to be disannexed. She said they were not provided a choice with regard to sewer. Ms. Palmer also said the City of Reno informed her they could put in a line and provide water at a nominal charge, but the City of Paris was going to charge $25,000.00 to run the line. Mayor Hashmi asked Gene Anderson if sewer could be put in for less and Mr. Anderson said that Staff could explore options. A Motion to table this item until the next meeting at which time Staff will bring back options, was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 6 ayes — 0 nays. A Motion to return Council Member Grossnickle to the meeting was made by Council Member Frierson and seconded by Council Member Avila. Motion carried, 6 ayes — 0 nays. Council Member Grossnickle returned to the room. 14. Deliberate and act on Resolutions accepting bids and awarding contracts for the purchase of roadway materials required by the Public Works Department of the City of Paris Regular Council Meeting March 26, 2012 r, Page 4 during the twelve month period beginning April 1, 2012, and authorizing the City Manager to negotiate and execute all necessary documents. Public Works Director Ron Sullivan said that annual bids for roadway materials had been opened and his recommendation was to accept the bids and award contracts to the lowest responsible bidders. Mayor Hashmi asked if the City could get the same prices that TxDOT was able to get on any or all of the materials. Mr. Anderson and Mr. Sullivan said they had not explored that, but could do so by the end of the week. Mr. Sullivan said he could report at the next City Council meeting and that it would not create a hardship. A Motion to table this item until the next Council meeting was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 15. Deliberate and act on RESOLUTION NO. 2012 -026: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE BID AND AWARDING THE CONTRACT FOR THE REPLACEMENT OF CONCRETE CURB & GUTTERS, DRIVEWAY APPROACHES AND REINFORCED CONCRETE SIDEWALKS IN THE CITY OF PARIS, TEXAS TO POWER JACK FOUNDATION REPAIR, INC., THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve the bid and award the contract to Power Jack was made by Council Member Pickle and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. 16. Deliberate and act on RESOLUTION NO. 2012 -027: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING CHANGE ORDER NO. ONE TO THE CONTRACT BETWEEN BOBBY SMALLWOOD CONSTRUCTION CO., INC. AND THE CITY OF PARIS, FOR CLARKSVILLE STREET DOWNTOWN SIDEWALK PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Shawn Napier said this change was a deduction of $17,479.25 from the original bid amount. A Motion to approve Change Order No. One was made by Council Member Pickle and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. 17. Convene into Executive Session pursuant to Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as follows: City Manager contract negotiations and City Manager candidates. Regular Council Meeting March 26, 2012 Page 5 Mayor Hashmi convened City Council into Executive Session at 6:10 p.m. 18. Reconvene into open session, deliberate and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 6:55 p.m. and said there had been quite a bit of deliberation on this item. Mayor Hashmi asked the Council for their input on the City Manager candidate. Council Member Pickle said the Council had reviewed almost 100 applications and resumes, interviewed between 15 and 20 applicants and spent many hours in deliberation. He said it was necessary that the Council spent the time needed to find the right person and best value for the longer vision. Council Member Pickle encouraged everyone to embrace the Council's decision and the new City Manager. Council Member Frierson said this decision had weighed heavily on Council Members as it was an important decision that would shape the future of the City for the coming years. He also said that the Council wanted a City Manager who was employed and had a proven track record in dealing with issues that the City of Paris was going to be facing in the next three to ten years. Council Member Frierson said he believe that due diligence was completed. Council Member Grossnickle said-the candidate he favored had a credible track record, started as a high school educator and coach, had been in several cities in Texas as Assistant City Manager; and had been in cities that dealt with growth. He said that the candidate had experience in dealing with problems and finding the best solutions. Council Member Grossnickle said the candidate had abilities far beyond the initial round of applicants. Council Member Wright said he was not in favor of this candidate simply because of the vast difference in compensation the employees and department heads were receiving in comparison to the new City Manager. Council Member Avila said the Council had worked hard and he was basing his decision on what was best for the City and the citizens. Council Member McCarthy said the decision to bring Mr. Godwin on board would be great for the City of Paris, because he thought Mr. Godwin could take the City of Paris to a greater height. Mayor Hashmi said he had struggled with his decision and that he had favored a different candidate earlier, because of the ties he had to Paris. He also stated there were not many candidates willing to come to Paris unless the City made it attractive for them. He expressed that Mr. Godwin was a good candidate and thought that he would do a good job. A Motion to direct the SGR Firm to bring back an executed employment agreement from John Godwin for approval by the City Council at the next regular meeting on April 9h was made by Council Member Grossnickle and seconded by Council Member Pickle. Motion carried, 6 ayes —1 nay, with Council Member Wright casting the dissenting vote. 19. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. 15004 Regular Council Meeting March 26, 2012 Page 6 Council Member McCarthy reminded everyone of the Fireman's Ball taking place on Saturday, March 31St 20. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:15 p.m. 9r � NNINCAE-gEILLIS, CITY CLERK