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05/2012155 a MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 14, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, May 14, 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 McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ron Sullivan, Director of Public Works; and Doug Harris, Utilities Director Ouenine Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:31 p.m. and announced that the new City Manager, John Godwin was in attendance. 2. Invocation. Tambarla Savage gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. Mike Womack with Paris Gypsy Motorcycle spoke about motorcycle awareness. 5. Public Announcements. a. Proclamation declaring the month of May as Motorcycle Awareness Month. Mayor Hashmi presented Bill McGill of the Paris Gypsy Motorcycle Group with a proclamation declaring the month of May as Motorcycle Awareness Month. Regular Council Meeting 15-5-3 May 14, 2012 Page 2 Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. There were none. A Motion to approve the Consent Agenda was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 6. Deliberate and act on the approval of minutes from the meeting on April 23, 2012. 7. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Historic Preservation Commission (4 -11 -2012) b. Airport Advisory Board (1 -19 -2012; 3 -15 -2012) c. Main Street Advisory Board (3 -20 -2012) d. Paris Public Library Advisory Board (3 -21 -2012) e. Planning & Zoning Commission (4 -2 -2012) Regular Agenda 8. Tour of City of Paris (5:30 p.m. — 7:00 p.m.) Mayor Hashmi said he would like for Council Members to see various parts of the City that needed improvement. Transportation was provided for Council Members, City Staff and citizens wishing to take the tour, which departed at 5:45 p.m. Those taking the tour returned to the meeting at 6:50 p.m. and Mayor Hashmi moved to item 9. 9. Update and 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 Avila. Motion carried, 7 ayes — 0 nays. A Motion to remove this item from the table was made by Council Member McCarthy and seconded by Council Member Avila. Motion carried, 6 ayes — 0 nays. Shawn Napier told City Council that it had been determined that the portion of Smallwood Road in front of Ms. Palmer's house was within the City of Reno's city limits. He said the City of Reno had a sewer line across Smallwood Road from Ms. Palmer's house and it was possible for Ms. Palmer's house to be connected to the City of Reno's sewer system. Mayor Hashmi asked Ms. Palmer if she would like to speak in regard to this item. Ms. Palmer said the 155`' Regular Council Meeting May 14, 2012 Page 3 City of Paris did not provide sewer services to her home and provided minimum road repair. She said if she went through the City of Paris to hook up to the water and sewer system, it would cost her double. Council Members Frierson and McCarthy expressed concern about the change in city boundaries. A Motion to direct City Staff to move forward with procedures for disannexation of Ms. Palmer's property was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 5 ayes — 1 nay, with Council Member McCarthy casting the dissenting vote. City Attorney Kent McIlyar said that two public hearings would have to be published in the newspaper, and that two readings of the ordinance were required prior to adoption. Mr. McIlyar told Ms. Palmer that City Staff would contact her in order to help her with the public notices. 10. Deliberate and act on purchase of a new telephone system for the City of Paris. IT Director Kent Klinkerman explained that the current telephone system had been in a state of continual repair for the last several years and was last updated in 2005. Mr. Klinkerman said all support had been lost with the last two companies over the last several years ago, because those businesses had gone out of business. After research and presentation of several systems, he said IT was recommending the purchase of a Cisco UCMBE 6000 and the quoted price was $86,000. Mr. Klinkerman said he brought this item forward, because of Council's earlier direction that any capital expenditure over $15,000 be brought to Council for approval. Mr. Klinkerman answered questions from City. Council. A Motion to approve the purchase of a new telephone system was made by Council Member McCarthy and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 11. Deliberate and provide direction to City Staff on permitting software to be used in the Engineering, Planning and Development Department. Shawn Napier said that staff had investigated eight different software programs over the past few months for the purpose of selecting a program that would make the City's permitting process user friendly. Mr. Napier told Council that staff was recommending the mygov software, because it met all ten criteria points. Shawn Napier and Kent Klinkerman answered questions from Council about different modules. Mayor Hashmi questioned the current on -line citizen complaint system, in that Gov QA reflected that there was a report of a dilapidated structure and twenty minutes later the complaint was closed. Mayor Hashmi inquired how that type of complaint could be closed out so quickly. Mr. Anderson said he would find out and report back to Council. Council Member Pickle said if the contractors did not use the system it would not pay for itself. It was a consensus of the City Council to proceed with the purchase of the new mygov software. Regular Council Meeting May 14, 2012 Page 4 Mayor Hashmi asked that item 22 be brought forward on the Agenda. A Motion to move item 22 forward was made by Council Member Grossnickle and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 22. Deliberate and act on RESOLUTION NO. 2012 -047: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DECLARING THE UTILITY EASEMENT LOCATED ON THE SOUTH SIDE OF LOT 3, BLOCK B, TOWNWOOD ESTATES SUBDIVISION, 1130 LEVI LANE PARIS, LAMAR COUNTY,- TEXAS, ON PROPERTY BELONGING TO EARL AND CARRIE BETHEA, IS NO LONGER NEEDED AND.. IS OF NO USE TO THE CITY OF PARIS AND SHOULD BE ABANDONED; AKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AND DECLARING AN EFFECTIVE DATE. Mr. Napier said that Earl and Carrie Bethea approached the City with a request to abandon a utility easement on property they owned at 1130 Levi Lane. Mr. Napier explained the Betheas were unable to close on the sale of the property, because a portion of the swimming pool was located in an existing 15 -foot utility easement. Mr. Napier said the utility companies did not have any facilities in the easement and did not object to abandonment of the easement. A Motion to abandon the easement was made by Council Member Grossnickle and seconded by Council Member McCarthy. Motion carried, 7 ayes — 0 nays. Mayor Hashmi moved item 14 forward on the Agenda. 14. Mayor Hashmi recessed City Council for dinner break at 7:40 p.m. 15. Mayor Hashmi reconvened the City Council meeting at 8:08 p.m. 12. Deliberate and provide direction to City Staff on repair and use of the old Police Department Building located on Bonham Street. Mr. Anderson said that various uses had been suggested for use of the old Police Department Building including location of the Health Department into the building and other non -profit agencies. Mr. Anderson stated that the building needed a new roof and asbestos removal. He told Council that he thought the County would split the expenses on this project. Council discussed free labor of rehabilitating the building, demolishing the building and building something smaller, cost of asbestos abatement, and the possibility of training staff in asbestos abatement. Mr. Anderson told Council he would study the options and report back to Council. 13. Presentation and deliberation of self - evaluations of the City Council Members /City Council. 1 g�SCO Regular Council Meeting May 14, 2012 Page 5 Mayor Hashmi said that he asked for this item, because he felt there should be some measurement and accountability for the Council. In summary, Mayor Hashmi said he had opened a district office and over seventy -five issues had been resolved through that office; the beautification process had begun and it would be a long term project; a task force committee on dilapidated structures was formed; and that he had initiated a pre - council meeting for his district. He also said he had fallen short of instituting more activities for the youth. Mayor Hashmi said Council met their goal of hiring a new city manager and that the permitting process had been improved. He stated that one of the long term goals was to get a strategic plan in place. Council Member Grossnickle said he had participated in the Health Department discussions; participated in the task force and was continuing to work toward making the City permitting process better. He said his short term goals included a waste water treatment plant; developing Lake Crook; building new infrastructure and resolving the chronic drainage problems. Council Member McCarthy said he wanted to see the City progress. Council Member Avila said he worked with the task force and always tried to do his best. Council Member Wright said he was part of the task force and that he was instrumental in getting pay increases for the employees. Council Member Frierson said he was most proud of the Council for their transparency and the fact that no one had personal agendas. He said he wished that they could have gotten further on a strategic plan. Council Member Pickle encouraged the Council to continue to move forward with replacement of infrastructure and to approve staff's ten year plan. He said they had made a lot of progress over the last year. Council Member Pickle left the meeting at 8:45 p.m. 16. Deliberate and act on RESOLUTION NO. 2012-048: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AN AGREEMENT WITH HAYTER ENGINEERING, INC., FOR AN ENGINEERING PROPOSAL AND AGREEMENT FOR PROFESSIONAL SERVICES FOR THE EVALUATION OF AND THE DESIGN OF THE REPAIR OF AN EMBANKMENT FAILURE ON THE TRAIL DE PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Public Works Director presented Council with Hayter Engineering's proposal for services related to rehabilitation of the Trail de Paris, specifically evaluation of the embankment failure located on the south side of the trail south of the Golden Acres Retirement of the Community. A Motion to approve an agreement with Hayter Engineering in the amount of $20,400 for services related to evaluation and design of the repair on an embankment failure on the Trail De Paris was made by Council Member Frierson and seconded by Council Member Grossnickle. Motion carried, 6 ayes — 0 nays. 17. Deliberate and act on a Resolution accepting the bid and approving a Notice of Award for the TDRA CDBG #729599 Sewer System Manhole Improvements Project in the City of Paris to B. Bray Construction, the lowest responsible bidder; and authorizing the City Manager to negotiate and execute all necessary documents. Regular Council Meeting May 14, 2012 Page 6 1 5 Mayor Hashmi said this item was a duplicate of item 18 and no action was needed. Mayor Hashmi moved to item 18. 18. Deliberate and act on RESOLUTION NO. 2012 -049: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND APPROVING A NOTICE OF AWARD FOR THE TDRA CDBG #729599 SEWER SYSTEM MANHOLE IMPROVEMENTS PROJECT IN THE CITY OF PARIS TO B. BRAY CONSTRUCTION, THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Shawn Napier said this project was for replacement or addition of fifteen manholes in South Central Paris. Mr. Napier said the money for this project came through a grant from TDRA in the amount of $250,000 and required a match of $50,000 from the City. A Motion to accept the bid and award a contract to B. Bray Construction in the amount of $115,269 was made by Council Member Frierson and seconded by Council Member Wright. Motion carried, 6 ayes — 0 nays. 19. Deliberate and act on RESOLUTION NO. 2012 -050: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING A PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES WITH HAYTER ENGINEERING, INC., ASSOCIATED WITH THE CITY'S APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD DRINKING WATER STATE REVOLVING FUND LOAN; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Napier explained that the City had submitted an application to the Texas Water Development Board for a Drinking Water State Revolving Fund loan in the amount of approximately $3.4- million dollars for the replacement of 15 water lines in the City's Capital Improvement Project. He also said the City qualified for a green project, which meant the City qualified for approximately 15% (510,317) loan forgiveness. Mr. Napier stated having the green qualification reduces the loan amount to $2,895,000. A Motion to approve the proposal with Hayter Engineering for services related to the City's application was made by Council Member Grossnickle and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. 20. Deliberate act on RESOLUTION NO. 2012 -051: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING A PROPOSAL FOR PROFESSIONAL SERVICES WITH MCCALL, PARKHURST & HORTON, L.L.P., BOND COUNSEL SERVICES ASSOCIATED WITH CITY'S APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR A DRINKING WATER STATE REVOLVING FUND LOAN; MAKING OTHER FINDINGS AND Regular Council Meeting May 14, 2012 Page 7 PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Grossnickle and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. 21. Deliberate and act on RESOLUTION NO. 2012 -052: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING A PROPOSAL WITH SOUTHWEST SECURITIES FOR FINANCIAL ADVISORY SERVICES ASSOCIATED WITH CITY'S APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR A DRINKING WATER STATE REVOLVING FUND LOAN; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve a proposal with Southwest Securities was made by Council Member Grossnickle and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. 23. Deliberate and act on RESOLUTION NO. 2012 -053: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID FOR THE CONSTRUCTION OF SINGLE - FAMILY HOMES UNDER A HOME PROGRAM GRANT RECEIVED FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA), IN THE CITY OF PARIS, TEXAS TO WHITAKER HOMES, THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Anderson reported that the City had received a HOME Program grant from the Texas Department of Housing and Community Affairs to build up to eleven new homes for qualified low and moderate income homeowners. A Motion to award the bid for the construction of single - family homes under the HOME Program was made by Council Member Frierson and seconded by Council Member McCarthy. Motion carried, 6 ayes — 0 nays. 24. Update on May 2012 meeting dates. City Clerk Janice Ellis said that the State Statute allowed for official canvassing of the votes to be between the dates of May 15 and May 23, and that a special City Council meeting had been scheduled for May 21 at 5:30 p.m. In addition, she said that the second regular scheduled meeting in May fell on a holiday and that the first available date for the second meeting was Thursday, May 31. 25. Deliberate and act on RESOLUTION NO. 2012 -054: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE CONTRACT FOR THE REHABILITATION OF THE EAST ELEVATED STORAGE TANK TO Regular Council Meeting May 14, 2012 Page 8 CLASSIC PROTECTIVE COATINGS, INC., THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Sullivan said rehabilitation of the east elevated storage tank was included in this year's Capital Improvements Budget and the lowest responsible bidder was Classic Protective Coatings. A Motion to award a contract in the amount of $808,334 to Classic Protective Coatings, Inc. for rehabilitation of the east elevated storage tank was made by Council Member Grossnickle and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. 26. 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: Courtney Akard vs. City of Paris; Cause No. C- 11135; County Court at Law, Lamar County, Texas. Mayor Hashmi convened City Council into executive session at 9:12 p.m. 27. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 9:23 p.m. 28. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. 29. Adjournment. There being no further business, a Motion to Frierson and was seconded by Mayor Hashmi. Motion was adjourned at 9:23 p.m. A.J. ANICE ELLIS, CITY CLERK made by Council Member yes — 0 nays. The meeting 5"0 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 21, 2012 The City Council of the City of Paris met for a special session at 5:30 p.m. on Monday, May 21, 2012, at the City Council Chamber, 107 E. Kaufinan, 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; and Janice Ellis, City Clerk Absent: Council Member: Edwin Pickle Ouenine Agenda 1. Call meeting to order, Mayor Hashmi called the meeting to order at 5:41 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. Regular Agenda 4. Deliberate and act on a RESOLUTION NO. 2012 -055: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CANVASSING THE RETURNS FOR THE MAY 12, 2012, GENERAL ELECTION FOR COUNCIL DISTRICTS 1, 2, 3 AND 6; DECLARING THE WINNERS IN SAID ELECTION; DECLARING THE TERMS OF OFFICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Clerk Janice Ellis gave the official election results as follows: In District One, Aaron Jenkins received a total of 36 votes and Don Shelton received a total of 27 votes. Aaron Jenkins was declared the winner in District One. In District Two, Billie S. Lancaster received a total of 35 votes and Robert Avila received a total of 17 votes. Billie S. Lancaster was declared the winner in District Two. In District Three, John Wright received a total of 61 votes and Special Council Meeting May 21, 2012 Page 2 Marvin Wroten received a total of thirty -four votes. John Wright was declared the winner in District Three. In District Six, Cleonne Holmes Drake received a total of 209 votes and Edwin Pickle received a total of 128 votes. Cleonne Holmes Drake was declared the winner in District Six. A Motion to approve the election returns for the Regular Municipal Election was mad by Council Member Grossnickle and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. _ 5. Recognition of outgoing Council Members for their service. On behalf of staff, City Council and citizens of the -City of Paris, Mayor Hashmi thanked Council Members Joe McCarthy, Robert Avila and Edwin Pickle for their service on the City Council and presented plaques to Mr. McCarthy and Mr. Avila. Mayor Hashmi asked Ms. Ellis to make sure that Mr. Pickle received his plaque. 6. Issuance of Certificate of Election; Administer Statement of Elected Officer to Council Members; and Administer Oath of Office to newly elected Council Members. Ms. Ellis issued the Certificate of Election; administered the Statement of Elected Officer; and administered the Oath of Office to Council Members Aaron Jenkins, Billie S. Lancaster and Cleonne Holmes Drake. 7. Election by City Council of Mayor and Mayor Pro -Tem to serve the City of Paris for the next year. Mayor Hashmi opened the floor to accept nominations for Mayor. A Motion to nominate A.J. Hashmi by acclamation for Mayor was made by Council Member Grossnickle and seconded by Council Members Lancaster and Wright. Mayor Hashmi asked if there was any opposition and there was none. Mayor Hashmi asked for a vote on the Motion. Motion carried, 6 ayes — 0 nays. Mayor Hashmi closed the floor for nominations for Mayor and opened the floor to accept nominations for Mayor Pro -Tem. A Motion to nominate Richard Grossnickle by acclamation for Mayor Pro -Tem was made by Mayor Hashmi and seconded by Council Member Frierson. Mayor Hashmi asked if there was any opposition and there was none. Mayor Hashmi asked for a vote on the Motion. Motion carried, 6 ayes — 0 nays. Special Council Meeting May 21, 2012 Page 3 Adjournment. There being no further business, a Motion to ad'ourn was made by Council Member Frierson and was seconded by Council Member Drake. otio-A c ed, 6 ayes — 0 nays. The meeting was adjourned at 6:52 p.m. � N 17' A.J. HASjIMf-0FA„YOR ANICE ELLIS, CITY CLERK f i E k MINUTES OF THE REGULAR CITY COUNCIL MEETING 1563 OF THE CITY OF PARIS, TEXAS May 31, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Thursday, May 31, 2012, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; John Wright; and Matt Frierson; and Cleonne Drake City Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Randy Tuttle, Assistant Police Chief; Ronnie Grooms, Fire Chief; Ron Sullivan, Public Works Director; Kent Klinkerman, EMS Director; and Doug Harris, Public Utilities Director Absent: Council Member: Richard Grossnickle Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Reverend Bob Bush gave the invocation. 3. Pledge of Allegiance. Council Member Frierson led the pledge. 4. Citizens' forum. Steve Gilbert, PEDC Director — he presented PEDC Board Member Doug Wehrmann with a t -shirt. Robyn Zimmerman, 4605 Stillhouse Road — she spoke in support of item 14, the disannexation of her property and cited lack of services. Skyler Burchinal, 1801 FM 1510, Brookston, Texas — he said he had researched tax foreclosed properties and learned that the City has 115 properties available to be sold. Mr. Regular Council Meeting May 31, 2012 Page 2 Burchinal stated that some of the liens amounted to five or six times more than what the property would bring at fair market value. He asked the City Council to review the City's policy of attaching and releasing mowing, maintenance and demolition liens on these properties, because the liens were hindering some of these properties from being sold and placed back on the tax rolls. Gene Anderson, Interim City Manager — he said that Mr. Burchinal was told if he was willing to construct something on the property, that the City would be willing to forego any liens on the property. Mr. Anderson said he told Mr. Burchinal that the City was not going to forego the lien just so he could resale the property and make a profit. Stan McKee, Oncor Electric Delivery Manager — he said the economic plan for Paris /Lamar County was the most comprehensive and dedicated plan that he had seen in all of the communities of which he had worked. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Frierson asked that the April monthly financial report be pulled for discussion. He asked for an update on the LaQuinta hotel/motel tax and Mr. Anderson told him they were current according to the agreement. Mayor Hashmi said that PEDC had asked that their minutes of April 26, 2012 be pulled from the Consent Agenda. Subject to the removal of PEDC's minutes of April 26, 2012, A Motion to approve the Consent Agenda was made by Council Member Wright and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. 5. Deliberate and act on the approval of minutes from the meetings on May 14, 2012 and May 21, 2012. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Planning and Zoning (5 -7 -2012) b. Historic Preservation Commission (4 -23 -2012) c. Airport Advisory Board (4 -19 -2012) d. Paris Public Library Advisory Board (4 -18 -2012) e. Paris Economic Development Corporation (4 -10 -2012; 4 -16 -2012; & 4 -26 -2012) 7. Deliberate on April monthly financial report. 8. Deliberate on April drainage ditch maintenance report. Regular Council Meeting May 11,2'012 Page 3 9. Deliberate on dilapidated structure report. Regular Agenda 15 6 5 10. Recognition of Gene Anderson for his service as Interim City Manager. On behalf of City Council, city staff and the citizens of Paris, Mayor Hashmi expressed appreciation to Mr. Anderson for his service as Interim City Manager and presented Mr. Anderson with a plaque. 11. Administer Oath of Office to City Manager John Godwin. Mayor Hashmi announced that Mr. Godwin had already taken the oath of office and explained this was for ceremonial purposes only. City Clerk Janice Ellis administered the oath. 12. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2012-014: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS AS IT PERTAINS TO LOT 12, CITY BLOCK 259, CITY OF PARIS, LAMAR COUNTY, TEXAS, LOCATED AT 700 BLOCK OF NORTH COLLEGIATE DRIVE, PARIS, TEXAS, FROM RETAIL TO LOW - DENSITY RESIDENTIAL MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY 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. 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. City Engineer Shawn Napier told the Council that East Paris Baptist Church requested a zoning change to allow them to utilize a lot for parking. Mr. Napier said the Future Land Use Plan Map would have to be amended prior to Council considering zoning change. A Motion to invoke the super majority rule was made by Council Member Wright and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. A Motion to amend the Future Land Use Plan Map was made by Council Member Frierson and seconded by Council Member Wright. Motion carried, 6 ayes — 0 nays. 13. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2012-015: 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 LOT 12, BLOCK 259, CITY OF 1. y r �G. Regular Council Meeting May 31, 2012 Page 4 PARIS, LAMAR COUNTY, TEXAS LOCATED IN THE 700 BLOCK OF NORTH COLLEGIATE DRIVE, FROM A PLANNED DEVELOPMENT DISTRICT (PDal -b) COMMERCIAL CENTER OR HOUSING DEVELOPMENT TO A ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2) 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. 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. A Motion to invoke the super majority rule was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 6 ayes — 0 nays. A Motion to amend the Future Land Use Plan Map was made by Council Member Frierson and seconded by Mayor Hashmi. Motion carried, 6 ayes — 0 nays. 14. Deliberate and provide direction to City Staff on request from Dr. & Mrs. Zimmerman to disannex approximately 13 acres located on the west side of Stillhouse Road. Mayor Hashmi asked to be recused from discussion of this item and asked that Council Member Wright preside during his absence. A Motion to recuse Mayor Hashmi was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. Council Member Wright asked for anyone wishing to speak in support or opposition of this item, to please come forward. No one spoke. A Motion to direct staff to move forward with disannexation of this property was made by Council Member Wright and seconded by Council -- Member Frierson. Motion carried, 5 ayes — 0 nays. City Attorney Kent Mellyar advised that prior to disannexation, State Law required two public hearings during a specific time period and that notices must be published in the newspaper. A Motion to return Mayor Hashmi to the meeting was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 5 ayes — O'nays. 15. Report from J. Stowe & Company on the results of the annual water and sewer rate cost of service study. Gene Anderson said that some of the current water contracts required the City to have an annual water and sewer rate cost study. Regular Council Meeting May 3r1, -1012 Page 5 1567 Mr. Anderson introduced Chris Ekrut from J. Stowe & Co., who gave a report to the Council. In summary, Mr. Ekrut reported that the City's current wastewater rates were not sufficient to meet the test year budgeted revenue requirements and the City's Rate Maintenance Policy. He recommended that the City increase its current retail wastewater rates by 6.3 %. Mayor Hashmi asked Council Member Frierson to study the report and summarize it for Council, similar to what he had done last year. 16. Presentation by Dr. Debra Cherry on grant funding for Paris and Lamar County. Dr. Cherry stated they had been awarded a DSHS Transforming Texas grant for Lamar and Hopkins Counties. She said it was a five -year grant and the overreaching goals were to reduce death and disability due to tobacco use by 5 %; reduce the rate of obesity through nutrition and physical activity interventions by 5 %; and reduce death and disability due to heart disease and stroke by 5 %. Dr. Cherry said there was the possibility of this grant funding an update to the City of Paris Parks Master Plan. 17. Presentation by Hayter Engineering on establishment of a drainage improvement district; and provide direction to Staff. Shawn Napier said the City had a list of ongoing drainage issues and one of the major problems was funding. Mr. Napier said the creation of a drainage improvement district and assessing a storm water fee would be helpful in resolving more drainage problems. Reeves Hayter of Hayter Engineering presented City Council several options in creating a district and assessing fees. Mr. Hayter suggested a consultant be hired to study and assess the situation. Council Member Frierson said he was in favor of moving forward, but wanted to know more about what was involved. Council Member Wright said he first wanted a firm commitment on the costs involved. A Motion to instruct staff to explore the possibility of establishing a utility improvement district was made by Council Member Frierson and seconded by Council Member Lancaster. Motion carried, 4 ayes — 2 nays, with Mayor Hashmi and Council Member Wright casting the dissenting votes. 18. Presentation by Steve Gilbert of Paris Economic Development Corporation's report. PEDC Director Steve Gilbert gave a presentation on the Paris Economic Development Corporation beginning with year 1993 through the present. He gave a history of the board duties, past board members, successful projects, unsuccessful projects; the numbers of jobs PEDC was instrumental in creating and/or retaining, revenue, and a project summary of expenses. Mayor Hashmi said the Kimberly Clark and Paris Regional jobs should not have been included in the presentation, because those two companies did not receive funds from PEDC. Council Member Frierson complimented PEDC on being a good tool for economic development. Council Member Wright said it was the desire of everyone to have more and better jobs and that Regular Council Meeting May 31, 2012 Page 6 everyone need to continue to do better. Council Member Jenkins reiterated Council Member Wright. Mayor Hashmi said he was glad that the discussions had begun. 19. Deliberate and act on RESOLUTION NO. 2012 -056: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID -TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; SUPPORTING STATUTORY REFORM OF THE TEXAS GRIP STATUTE, FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Anderson said staff was recommending that they deny Atmos Mid -Tex's proposed rate increase pending further settlement discussions, which would prevent Atmos' proposed rate increase from automatically taking effect on June 11, 2012. A Motion to approve the resolution denying Atmos's proposed rate increase was made by Council Member Frierson and seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. 20. Deliberate and act on RESOLUTION NO. 2012 -057: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING APPLICATION FOR FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; AND DECLARING AN EFFECTIVE DATE. Mr. Napier said at the Council meeting of May 14th, agreements were approved for bond counsel, a financial advisor and engineering firm. Mr. Napier said the formal application is due before June 15th and that this project had been qualified as a green project, which qualified the City for approximately 15% loan forgiveness. He said the loan amount was reduced to $2,895,000 at a current interest rate of approximately 2.1 %. A Motion to approve the application was made by Council Member Frierson and seconded by Mayor Hashmi. Motion carried, 6 ayes — 0 nays. 21. Deliberate and act on RESOLUTION NO. 2012 -058: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH RICHARD DRAKE CONSTRUCTION COMPANY TO EFFECT REPAIRS TO THE 24TH SE STREET BRIDGE AT SANDY CREEK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Council Meeting May 31,2012 Pagb 7 Public Works Director Ron Sullivan said there was extensive erosion adjacent to the southeast abutment and staff was concerned that continued erosion would undermine the roadway approaching the bridge. A Motion to authorize the City Manager to enter into a contract with Richard Dra56 Construction to make repairs to the 24`x' Street Bridge at Sandy Creek was made by Council Member Wright and seconded by Mayor Hashmi. Motion carried, 6 ayes — 0 nays. 22. Deliberate and act on RESOLUTION NO. 2012 -059: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DECLARING THREE (3) HOLMATRO PERSONAL POWER PUMPS, (PPU'S) WITH COMBI -TOOLS (SPREADERS /CUTTERS) TO BE SURPLUS PROPERTY AND AUTHORIZING DONATION OF THE SURPLUS PROPERTY TO THE LAMAR COUNTY VOLUNTEER FIRE DEPARTMENT ASSOCIATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Chief Grooms told the Council that the Fire Department had replaced the three personal power pumps with new tools and wanted to donate the old equipment to the local Volunteer Fire Departments. A Motion to declare the three personal power pumps as surplus property and donate the pumps to the Lamar County Volunteer Fire Department Association was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. 23. Deliberate and act on bids opened for the Water Treatment Plant Filter Gallery Pipe Painting. Utility Director Doug Harris said the City received a single bid from 7 -H Construction Co. and it was $124,901.00 over the budgeted amount. Mr. Harris recommended rejecting the bid, reviewing the project specifications and re- bidding the project. A Motion to reject the bid, review the project specifications and re -bid the project was made by Council Member Lancaster Lancaster and seconded by Mayor Hashmi. Motion carried, 6 ayes — 0 nays. 24. Report on Gov Q A System questions. Mr. Anderson gave a follow -up report to Mayor Hashmi's questions from the previous Council meeting. He said messages #1094 and #1095 were closed, because the message senders were anonymous and could not follow up on the complaints. Mr. Anderson said that City Staff did check out the complaints and a certified letter was sent with regard to one of the complaints. Mayor Hashmi said a complaint should not be closed until it had been resolved. Mr. Anderson said the new system should solve these types of problems. ® Regular Council Meeting May 31, 2012 Page 8 "{ 25. Deliberate and provide direction to City Staff on an individual's request for purchase of city property located at 1060 N. Main Street. Mr. Anderson said the City had been approached by an individual about purchasing a city owned lot located at 1060 N. Main Street. He said the lot was originally acquired to extend MLK Blvd. to N. Main Street, but it was not used for that purpose and the City did not need to retain it for a future project. Mr. Anderson said if the City desired to sell the property, that State Law required the use of sealed bids after publication of notice of sale. Following a brief discussion, it was a consensus of City Council for the Staff to proceed with sale of the property. 26. Deliberate on possible future amendments to the City of Paris Charter. Mayor Hashmi informed the new Council Members that the City could only have a Charter Election every two years and this item was a reminder for Council Members wishing to bring an item forward to be placed on the ballot for the next Charter Election. 27. Deliberate and provide direction to City Staff on creation of a Board of Appeals. Mayor Hashmi said that he had requested this item as a result of meetings with the builders, contractors and realtors. It was a consensus of City Council for City Staff to proceed with the creation of a Board of Appeals. 28. Update on the City of Paris' separation with the Paris Lamar County Health Department. Mr. Anderson told the Council that there was a consensus of the Health Department Board that a new relationship needed to be formed between the City of Paris, the Health Department, and Lamar County. He said the City Attorney drafted a Cooperative Agreement and the Health Department delayed acting on the agreement, because they wanted the new administrator to offer input on the agreement. Mr. Anderson said the new administrator was hired April 28th and was in the process of reviewing department operations. He also said the goal was to have the new agreement adopted by the end of the current fiscal year, but the new administrator may need additional time to reorganize the department. Mr. Anderson introduced the new administrator Gina Prestridge, who gave Council an overview of the status of her plans for the Health Department. Ms. Prestridge said the major issue they were faced with was their building, because it was in such bad shape. 29. Deliberate and provide direction to City Staff regarding the Old Police Department Building on Bonham Street. Mayor Hashmi expressed his appreciation to Council Member Frierson for questioning the cost difference between rehabilitation of the old building and construction of a new building, because there was not much difference between the two options. Mr. Anderson said Gina was Regular Council Meeting May 31;2012 Page 9 currently looking at another building, because the old police building was rapidly deteriorating. 15.71 He said that he would be bringing additional information during budget workshops. 30. First reading, deliberate and possibly act on ORDINANCE NO. 2012 -016: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 7 -50 OF ARTICLE III OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO ALLOW THE HISTORIC PRESERVATION COMMISSION TO REVIEW ALL BUILDINGS AND STRUCTURES IN THE HISTORICAL DISTRICT, FOR ALL DESIGNATED LANDMARK BUILDINGS AND STRUCTURES WITH A FEDERAL, STATE OR LOCAL LANDMARK DESIGNATION, AND FOR ALL BUILDINGS AND STRUCTURES FIFTY (50) YEARS OR OLDER THAT ARE CONSIDERED DANGEROUS BY THE CITY'S CODE INSPECTORS TO DETERMINE WHETHER SUCH BUILDING OR STRUCTURE CAN BE REHABILITATED OR DESIGNATED; AND AMENDING SECTIONS 7- 50(f)(g)(h) OF ARTICLE III, CHAPTER 7 OF THE CODE OF ORDINANCES TO INCREASE THE NUMBER OF DAYS GIVEN TO THE HISTORIC PRESERVATION COMMISSION TO DEVELOP A PLAN FOR SAVING, PRESERVING OR REHABILITATING THE SUBSTANDARD STRUCTURE FROM NO LESS THAN NINETY (90) CALENDAR DAYS TO NO LESS THAN ONE HUNDRED EIGHT (180) CALENDAR DAYS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mr. Napier said this change was requested by the City Council Task Force on Substandard Buildings, which would allow Historic Preservation Commission to act on all buildings and structures in the historical district. Mr. Napier said the change also included the number of days of deferment on any order of demolition for the building or structure from at least ninety calendar days to one - hundred eight (180) calendar days. With regard to funds for structural engineers, Council Member Wright said that Mr. Anderson recommended that funds be taken out of the general fund for the immediate time and address structural engineer funds in the upcoming budget process. A Motion to invoke the super majority rule was made by Council member Frierson and seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. A Motion to approve the amendments was made by Council Member Wright and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. 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 conflicts with this chapter. Regular Council Meeting May 31, 2012 Page 10 Mayor Hashmi said there was nothing to be discussed in executive session and moved to item 33. 31. Reconvene into open session and possibly take action on those matters discussed in Executive Session. 32. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. No future events referenced. 33. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Mayor �lashmi.\ otion carried, 6 ayes — 0 nays. The meeting was adjourned at 7:53 p.m. �\ ICE ELLIS, CITY CL RK