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09/2012MINUTES OF THE SPECIAL CITY COUNCIL MEETING 16 � 3 OF THE CITY OF PARIS, TEXAS September 4, 2012 The City Council of the City of Paris met for a special session at 5:00 p.m. on Tuesday, September 4, 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 Staff: John Godwin, City Manager; Shawn Napier, City Engineer; Gene Anderson, Finance Director; Kent Klinkerman, EMS Director; and Priscilla McAnally, Library Director 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:02 p.m. 2. Budget workshop — discuss proposed 2012 -2013 Budget. City Council discussed departmental budgets for the Finance Department, City Clerk, Emergency Medical Services, IT, and the Library. 3. Adjournment. There being no further business, a Motion to adjourn was Frierson and was seconded by Council Member Drake. Mot n ca meeting was adjourned at 6:36 p.m. A.J. ICE ELLIS, CITY CLERK by Council Member 7 ayes — 0 nays. The 164 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS . September 5, 2012 The City Council of the City of Paris met for a special session at 5:00 p.m. on Wednesday, September 5, 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 Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Shawn Napier, City Engineer; Gene Anderson, Finance Director; Kent Klinkerman, EMS Director; and Priscilla McAnally, Library Director 1. Call meeting.to order. Mayor Hashmi called the meeting to order at 5:01 p.m. 2. Budget workshop — discuss proposed 2012 -2013 Budget. City Council discussed departmental budgets for the Community Development, Engineering, Cox Field, Fire, Police, City Council, Legal Department and Municipal Court. 3. 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: East Elevated Storage Tank Rehabilitation Project. City Manager John Godwin asked that City Council move to item 5, as an executive session was not needed. 4. Reconvene into open session. 5. Discuss and act on RESOLUTION NO. 2012 -076: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, RESCINDING THE CONTRACT AWARD TO CLASSIC PROTECTIVE COATINGS AND AWARDING A CONTRACT TO MK PAINTING INC. FOR THE REHABILITATION OF THE EAST Special Council Meeting September 5, 2012 Page 2 ELEVATED WATER TANK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Godwin said Classic Protective Coatings still had not executed the contract; they had not given the City a start date; and that staff recommended rescinding the contract to Classic and awarding a contract to MK Painting. A Motion to rescind the contract with Classic and award a contract to MK Painting was made by Council Member Frierson and second by Council Member Jenkins. Motion carried, 7 ayes — 0 nays. 6. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Drake. Motion dried, 7 ayes — 0 nays. The meeting was adjourned at 6:50 p.m. 1 1 A.J. HASHMI, ICE ELLIS, CITY CLERK 1621 6 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 6, 2012 The City Council of the City of Paris met for a special session at 5:00 p.m. on Thursday, September 6, 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 Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Gene Anderson, Finance Director; Doug Harris, Utilities Director; and Ron Sullivan, Public Works Director Call meeting to order. Mayor Hashmi called the meeting to order at 5:00 p.m. 2. Budget workshop — discuss proposed 2012 -2013 Budget. City Council discussed the budget presentation and process. Mayor Hashmi said the budget was good, but in the future he would like to know more about productivity and hear from department heads about plans they have for their departments. Mr. Godwin said that he was not given direction on this budget as to whether or not they wanted to have several budget meetings with department heads to give presentations or if they wanted one long budget meeting. Council Member Drake said that she would like to hear from department heads next year regarding where they wanted their departments to be in five and ten years. Mr. Godwin said planning needs to start with the Council. Council Member Frierson asked that an item be placed on the agenda in the next couple of months about planning. Council Member Wright verified with Mr. Godwin that the plan should come after re- organization and changes with key people in place. City Council discussed departmental budgets for Public Works, Public Utilities and City Manager. Council Member Lancaster asked that $15,000 be added to the animal shelter budget to help with neutering and spaying of animals that were to be adopted. Council Member Grossnickle added they should contact the Meadows Foundation about a possible grant. Special Council Meeting September 6, 2012 Page 2 a 3. Adjournment. 1627 There being no further business, a Motion to adjourn was made by Council Member Wright and was seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 5:28 p.m. \ N ICE ELLIS, CITY CLERK MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 10, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 10, 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 Staff- John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief, Ronnie Grooms, Fire Chief, Gene Anderson, Finance Director; Ron Sullivan, Public Works Director; Kent Klinkerman, EMS Director; and Doug Harris, Utilities Director Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Reverend James Price gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. William McGill, of the Gypsy Motorcycle Club — he expressed appreciation for motorcycle awareness signs. He said in the last twelve months there had been motorcycle accidents involving fourteen injuries, eight non - accident injuries and one fatality. Mr. McGill presented the Council with yard signs. Charles Richards - he said that there were several members of the PJC basketball team present. Regular Council Meeting September 10, 2012 Page 2 Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from ttl e` Consent Agenda for discussion. There were none. A Motion to approve the Consent Agenda was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 5. Deliberate and act on the approval of minutes from the meetings on August 13, 2012; August 22, 2012; and August 27, 2012 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Visitors and Convention Council (5 -24 -2012) b. Paris Public Library Advisory Board (6 -27 -2012 and 7 -18 -2012) c. Paris -Lamar County Board of Health (7 -24 -2012) d. Board of Adjustment (7 -17 -2012) e. Historic Preservation Commission (8 -8 -2012) Regular Agenda Mayor Hashmi asked to move item 19 forward on the Agenda. A Motion to move item 19 forward was made by Council Member Grossnickle and seconded by Council Member Frierson. 19. Discuss and act on RESOLUTION NO. 2012 -079: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACKNOWLEDGING AND APPROVING THE RENEWAL OF A LOAN AGREEMENT AND PROMISSORY NOTE BY AND BETWEEN THE PARIS ECONOMIC DEVELOPMENT CORPORATION "BORROWER" AND CAPITAL ONE, N.A. BANK "LENDER" FOR A REVOLVING LINE OF CREDIT IN THE AMOUNT OF TWO MILLION DOLLARS ($2,000,000.00); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. PEDC Executive Director Steve Gilbert explained this was a renewal of an existing two million dollar line of credit. Mr. Gilbert said EDC had this line of credit available if needed for an economic development project. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 7. Public hearing on the proposed budget for fiscal year 2012 -2013 for the City of Paris. Regular Council Meeting September 10, 2012 Page 3 Mayor Hashmi opened the public hearing and asked anyone wishing to speak with regard J to this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. Council Member Drake said she understood that they could not budget the cost of living raise for retires this year, but would like for it to be considered in the budget next year. Mayor Hashmi said it was a good budget and expressed appreciation to those who assisted in preparation of the budget. Mayor Hashmi also said he would like the presentation of the budget to be different next year and that he and the City Manager had discussed it. 8. Discuss and act on RESOLUTION NO. 2012 -077: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2012 -2013; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mayor Hashmi said they needed to discuss any amendments to the budget and schedule a public hearing if needed. City Manager John Godwin said there was one change they discussed last week and that was the additional $15,000 in the Police budget line item 215 -31. Mr. Godwin said it was for the animal shelter specifically to be used for vouchers so that adopted pets could be spayed or neutered and for an educational program. He also said line item 508 -44 would be reduced from $7,000 to zero. A Motion to approve the budget with the exception of the monies that was being saved for the bond, specifically the 2.2 million dollars; that a plan be developed as to how the money would be used; that the City Manager bring the plan back to the Council for approval prior to money being spent was made by Council Member Wright and seconded by Council Member Grossnickle. Council Member Frierson asked for clarification about the 2.2 million, because John had allocated it and 1.2 million dollars was for water and waste water lines and the rest had been allocated. He asked about what type of plan Council Member Wright was hoping to find. Council Member Wright said they did not know what water lines or what else might show up. Council Member Wright said he would like for Mr. Godwin to prioritize. Council Member Frierson asked Council Member Wright if Mr. Godwin had done that, if he had identified the water and wastewater lines. Council Member Frierson said he assumed there was a master plan with engineering. Council Member Wright told Council Member Frierson that he might have been satisfied, but that Mr. Godwin had not made a plan. Council Member Frierson wanted to know if Council Member Wright had asked John Godwin. Council Member Wright replied no, but that he had been at all of the meetings. Council Member Frierson asked Council Member Wright why he didn't ask John at the time. Mayor Hashmi asked for the discussion to be limited. Council Member Frierson said no, that this was part of the discussion and it had been there for three days. Council Member Frierson said he was okay if it had been identified and maybe it could be answered at that time instead of having to come back later. Mr. Godwin said there was a water and sewer bond that was paid off earlier in the year and there was increase of available Regular Council Meeting September 10, 2012 Page 4 revenues of right at 2.2 million dollars and in the proposed budget there was 1.2 million dollars for water and sewer lines, $600,000 for each which was not an exact number as discussed last week. Mr. Godwin also said there was about $400,000 in capital equipment and those were the things that Doug Harris spoke about last Thursday. He said there was about $400,000 that was not allocated at all and they could move forward on any of those or wait. Mr. Godwin said he and the Mayor had a meeting the upcoming Wednesday with an engineering firm to discuss planning. Mayor Hashmi inquired if they moved forward in the manner Council Member Wright suggested, would that create a hurdle for Mr. Godwin. Mr. Godwin said it would not. Mayor Hashmi asked if it would delay the process and that his thoughts were that money allocated for specific purposes could still be done from the general fund. Mr. Godwin said all of the items were utility funds and hoped they could do it within the same fiscal year. Mayor Hashmi said this was a large amount of money and that Mr. Godwin had selected some of the firms which were involved in major infrastructure repair work to hopefully assess the City and give them better direction. Mayor Hashmi called for a vote and the motion carried, 6 ayes — 1 nay, with Council Member Frierson casting the dissenting vote. Mr. Godwin said it was not on the Agenda to approve the budget. Mr. McIlyar said they needed to vote on the resolution calling the public hearing on proposed amendments. A Motion to call a public hearing for September 24th was made by Council Member Wright and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 9. First public hearing on a petition for disannexation filed by Teri Palmer for 5.025 acre tract of land, described as Lo Fifteen (15) of the Wildwood Estates Subdivision, a part of the Wesley Askins Survey, No. 7, City of Paris, Lamar County, Texas recorded in Envelope 321 -A, Lamar County Plat Records. Mr. Napier told City Council this was the first public hearing; that the second public hearing was scheduled for September 17th; and action on this item was scheduled for October 8th. Mayor Hashmi asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. 10. First public hearing on a petition for disannexation filed by Robert and Robyn Zimmerman for a 3.00 acre tract of land and a 10.001 acre tract of land, out of the Reddin Russell Survey 3A -786, and being a part of tract #2, a called 48 acre tract of land conveyed to William Bud Newman et ux by deed recorded in vol. 576, Page 562, in the Deed Records of Lamar County Plat Records and as further described in two separate Deeds from Judith Ann Newman, Grantor to Robert O. Zimmerman and wife, Robyn L. Zimmerman, Grantees, recorded as Document #071555 -2009 and Document #2002- 00004906, Lamar County Official Deed Records. Regular Council Meeting 16 u 4, September 10, 2012 Page 5 `r Mr. Napier informed City Council this petition for disannexation was on the same ' schedule as item 9. , Mayor Hashmi asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. 11. Discuss and act on a curb and gutter variance request and the Final Plat of Lot 1, Block A, Farris 235 -A Addition, located at 1818 West Henderson. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 12. Discuss and act on the Preliminary Plat of Lots 18, 19, 20, 21 and 22, Block A, Stone Ridge Phase 7. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 13. Discuss and act on a curb and gutter variance request and the Final Plat for Victory Baptist Church CB 316, Lots 1, Block A, located at 3155 Pine Mill Road. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 14. First reading, discuss and possibly act on ORDINANCE NO. 2012 -022: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND /OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Public Works Director Ron Sullivan said this was an annual application that would allow a solid waste permit to Sanitation Solutions for collecting and transporting solid waste from commercial and industrial units within the city limits. A Motion to invoke the super majority rule was made by Council Member Wright and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. A Motion to approve this item was made by Council Member Wright and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. Regular Council Meeting September 10, 2012 Page 6 15. First reading, discuss and possibly act on ORDINANCE NO. 2012 -023: A633 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO WASTE MANAGEMENT OF TEXAS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND /OR TRANSPORTING SOLID WASTE FROM _ COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. A Motion to approve this item was made by Council Member Drake and was seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 16. Discuss and act on RESOLUTION NO. 2012 -078: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING A PROPOSAL FROM PARIS LIVING, INC. FOR MANAGEMENT SERVICES FOR THE HOMEBUYER ASSISTANCE PROGRAM FUNDED THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Napier said this program would be different than last year, in that the City did not know how many houses would be built. He said the State would have the funds and would decide upon construction of a house based upon the application. Council Member Grossnickle inquired about costs to the City. Mr. Napier said it would cost the City money up -front but the City would receive reimbursement. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 17. Receive report, discuss and possibly act on the drainage problem on York Street. Mayor Hashmi said Council Member Wright requested this item. Council Member Wright asked Mr. Napier for a progress report, specifically what had been done, what was being done and what would be done in the future. Mr. Napier displayed photos of the drainage ditch north of the property and said that it had been cleaned up. He said piles of concrete had been placed in the ditch by the City in attempt to fill the ditch up and those had been removed. He also said a flume had been cleaned out. Mr. Napier said in speaking with neighbors, the water actually had to build up on York Street above a certain elevation before it could drain out of the 1634 Regular Council Meeting September 10, 2012 Page 7 flume and flow to the back. He said they removed the massive amount of debris and it was now flowing smoothly. Mr. Napier said he would continue to work with Mr. Hill, owner of adjoining property and they would continue to work with him to reshape that area so that it would flow all the way to the FM road at a gradual slope, so it would not act as a retention pond. Mr. Napier also said some initial surveying had been done at the back of Ms. Carcuffe's property and Mr. Hill's property but that the data collector said all data was lost due to faulty equipment. He said they were getting new equipment and would resurvey some of the property to ensure that they could make the area drain. Mayor Hashmi said he was glad it was done, but would like future issues to be taken care of in a timely manner. Council Member Wright added it had taken two years and part of the equipment was lost. 18. Discuss dilapidated structure report. Mayor Hashmi said he requested this item to receive an update on progress of the dilapidated houses. Mr. Napier reported 56 structures had been ordered to be demolished by the Buildings and Structures Commission; that 38 structures had been given to Sanitation Solutions to be demolished; that 18 structures had been demolished by Sanitation Solutions; and that 25 structures were scheduled to be presented to Building and Standards in September. Mr. Napier provided City Council with a flow chart of the Substandard Structures process. Code Enforcement Robert Talley informed City Council that Building and Standards Commission does sometimes gives the property owners ninety days to comply. 20. 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. City Council took a brief recess at 6:12 p.m. to meet the PJC basketball players in attendance and then convened into Executive Session. 21. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 6:37 p.m. 22. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Mayor Hashmi said City Council would have a special meeting September 17I' at 5:30 p.m. to conduct a second public hearing for items 9 and 10. Regular Council Meeting September 10, 2012 f Page 8 23. Adjournment. 1635 There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 6:36 p.m. s%, 9JIC�%E44EOLLIS, CITY CMZK MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 17, 2012 The City Council of the City of Paris met for a special session at 5:30 p.m. on Monday, September 17, 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 Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; and Shawn Napier, City Engineer Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. Regular Agenda 2. Second public hearing on a petition for disannexation filed by Teri Palmer for a 5.025 acre tract of land, described as Lot Fifteen (15) of the Wildwood Estates Subdivision, a part of the Wesley Askins Survey, No. 7, City of Paris, Lamar County, Texas recorded in Envelope 321 -A, Lamar County Plat Records. A Motion to recuse Council Member Grossnickle was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. A Motion to return Council Member Grossnickle to the meeting was made by Council Member Frierson and seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. 3. Second public hearing on a petition for disannexation filed by Robert and Robyn Zimmerman for a 3.00 acre tract of land and a 10.001 acre tract of land, out of the Reddin Russell Survey #A -786, and being a part of tract #2, a called 48 acre tract of land conveyed to William Bud Newman et ux by deed recorded in Vol. 576, Page 562, in the Deed Records of Lamar County Plat Records and as further described in two separate Deeds from Judith Ann Newman, Grantor to Robert O. Zimmerman and wife, Robyn L. Special Council Meeting September 17, 2012 Page 2 Zimmerman, Grantees, recorded as Document #071555 -2009 and Document #2002- 00004906, Lamar County Official Deed Records. Mayor Hashmi asked Council Member Wright to preside over this item. A Motion to 1637 recuse Mayor Hashmi and Council Member Grossnickle was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. .� Council Member Wright opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Council Member Wright closed the public hearing. A Motion to return Mayor Hashmi and Council Member Grossnickle to the meeting was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 5 ayes — 0 nays. 4. Public hearing to receive comments regarding the completion of the 2010 Texas Capital Fund Main Street Project. City Engineer Shawn Napier said this was a public hearing for closing out the Clarksville Street Project and was required prior to make another grant application. Mr. Napier told City Council that the contract close -out document would be on the September 240' Agenda. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. Adjournment. There being no further business, a Motion to Frierson and was seconded by Council Member Drake meeting was adjourned at 5:37 p.m. i gInCE"EIRLIS, CITY CLERK adjourn was made by Council Member . Motion carried, 7 ayes — 0 nays. The MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 24, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 24, 2012, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; John Wright; Richard Grossnickle; Matt Frierson; and Cleonne Drake City Staff- John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief, Gene Anderson, Finance Director; Ron Sullivan, Public Works Director; and Kent Klinkerman, EMS Director Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Bob Bush gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. Pat Conrad, 665-26h S.E. — she inquired when new sidewalks, lights and trash cans were going to be installed west of the Plaza. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Wright asked that item 11 be pulled for discussion. He said first three change orders were brought to Council but not change order four and that the process should be consistent. Regular Council Meeting September 24, 2012 page 2 :R A Motion to approve the Consent Agenda was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 5. Discuss and act on the approval of minutes from the meeting on September 4, 2012; September 5, 2012; September 6, 2012; September 10, 2012; and September 17, 2012. 6. Receive and discuss reports and/or minutes from the following boards, commissions, and committees: a. Airport Advisory Board (6 -21 -2012 & 7 -19 -2012) b. Planning and Zoning Commission (7 -2 -2012) c. Traffic Commission (8 -7 -2012) d. Paris Economic Development Corporation (8 -14 -2012) 7. Discuss August monthly financial report. 8. Discuss August drainage ditch maintenance report. 9. Discuss dilapidated structure report. 10. Discuss possible future amendments to the City of Paris Charter. 11. Discuss and act on a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING CHANGE ORDER NO FIVE TO THE CONTRACT BETWEEN BOBBY SMALLWOOD CONSTRUCTION CO., INC. AND THE CITY OF PARIS, TEXAS IN THE AMOUNT OF TWO HUNDRED SEVEN THOUSAND SIX DOLLARS AND 62/100 ($237,006.62) FOR CLARKSVILLE STREET DOWNTOWN SIDEWALK PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Reeular Agenda 12. Discuss, public hearing and act on RESOLUTION NO. 2012 -081: A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF PARIS, TEXAS, APPROVING AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF AGRICULTURE TEXAS CAPITAL FUND MAIN STREET PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. _... Mr. Napier explained this project was for replacement of sidewalk on both sides of Bonham Street from First Street to Second Street, and a portion of sidewalk in front of the YWC that had trip hazards. Mayor Hashmi said he did not favor the ideal of replacing sidewalks without also replacing the infrastructure. Mr. Napier said they could not place infrastructure 7 1640 Regular Council Meeting September 24, 2012 , Page 3 under sidewalk on this specific project because of location of basements. Council Member Grossnickle suggested they look at other options for replacing infrastructure and emphasized that the City did not want to lose this grant opportunity. Council Member Wright expressed concerns about safety hazards prior to replacement of the sidewalks. Mr. Godwin said the City would initiate measures to ensure safety. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak of support of this item, to please come forward. Mayor Hashmi asked for anyone wishing to speak of opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. A Motion to approve an application for funding for a sidewalk improvement project was made by Council Member Grossnickle and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 13. Public hearing on proposed amendments to budget for fiscal year 2012 -2013 for the City of Paris. City Manager John Godwin said the only amendment was the addition of $15,000 for the animal shelter for education purposes and vouchers for the spay and neuter program. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak of support of this item, to please come forward. Mayor Hashmi asked for anyone wishing to speak of opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. 14. First reading, discuss and possibly act on ORDINANCE NO. 2012 -024: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS; APPROPRIATING THE VARIOUS AMOUNTS THE_ REOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. A Motion to adopt the budget except for the money saved on the bond, that any project the manager deems necessary be fixed or allowed, and the expenses come out of the general fund was made by Council Member Wright and seconded by Mayor Hashmi. Council Member Frierson asked for clarification. Council Member Wright said he wanted to approve the budget subject to reserving the funds saved from the bond, the 2.2 million to be used for the infrastructure when they get the plan, but allow any project the Manager deems necessary to be Regular Council Meeting September 24, 2012 Page 4 paid for out of the general fund. Council Member Frierson confirmed it had to be deemed necessary by the City Manager. Mr. Godwin confirmed that items such as SCADA, was to be funded from the general fund reserves. Council Member Frierson inquired about the money allocated for the water and sewer line projects. Council Member Wright said that would come out of the general fund. Mayor Hashmi confirmed that whatever the City Manager decided to spend that he could spend out of the general fund, but the 2.2 million bond money would not be spent until a plan was in place for infrastructure. Council Member Frierson also confirmed that the City Manager was authorized to start the work October 1St. Mayor Hashmi said he seconded the Motion and asked if anyone was. opposed. Motion carried, 7 ayes — 0 nays. 15. First reading, discuss and possibly act on ORDINANCE NO. 2012 -025: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, FIXING THE TAX RATE AND THE TAX LEVY AND LEVYING AD VALOREM TAXES FOR THE CITY OF PARIS FOR THE CALENDAR YEAR 2012 UPON ALL TAXABLY PROPERTY WITHIN THE CITY OF PARIS IN CONFORMITY WITH THE CHARTER PROVISIONS AND ORDINANCES OF THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin said the tax rate was 41.487 cents per $100 of value and debt service cost was 9.620 cents per $100 value. Mr. Godwin also said that the tax rate was 51.107, which was a reduction of almost a penny. Mr. Godwin informed City Council that this tax rate was the lowest it had been since 1993. Mayor Hashmi expressed appreciation to the City Manager John Godwin and Finance Director Gene Anderson for their work on the budget. A Motion to invoke the super majority rule was made by Council Member Lancaster and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 16. First reading, discuss and possibly act on ORDINANCE NO. 2012 -026: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER FUNDS FROM UNENCUMBERED APPROPRIATION BALANCES TO OVER - EXPENDED ACCOUNTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Finance Director Gene Anderson explained this was an annual year -end housekeeping ordinance the increased certain departmental budgets to cover anticipated expenditures. Mr. Anderson said the increases were offset by decreasing other departmental budgets and the total budget remained unchanged. Regular Council Meeting September 24, 2012 Page 5 A Motion to invoke the super majority rule was made by Council Member Wright and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. A Motion to approve this item was made by Council Member Lancaster and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 17. First reading, discuss and possibly act on ORDINANCE NO. 2012 -027: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO GLENN AND DEBI BOLYARD DB /A TRASHY BUSINESS FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND /OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council Member Wright and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 18. Discuss and act on RESOLUTION NO. 2012 -082: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING A MEMBER TO THE MAIN STREET ADVISORY BOARD TO SERVE THE UNEXPIRED TERM OF KARI DANIELS, WHICH EXPIRES JUNE 30, 2014; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to appoint Fred Green to serve the unexpired term of Kari Daniels was made by Council Grossnickle and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. 19. Receive report, discuss and possibly act on drainage problem on York Street. City Engineer Shawn Napier said they had finished a plan to redo the drainage behind the property and had been trying to get in touch with the property owner, Mr. Hill. Mr. Napier said Mr. Hill would need to approve re- grating the channel. He said they had done training on their new survey equipment and hoped to survey the area behind Ms. Carcuffe's property within the week. Council Member Wright asked about a completion date. Mr. Napier said if Mr. Hill would sign off on their plan, they would try to proceed as soon as possible. Council Member Wright thanked Mr. Napier and also expressed appreciation on behalf of Ms. Carcuffe. 20. Discuss and provide direction on policy requiring two readings of an ordinance and other agenda processes. Regular Council Meeting September 24, 2012 Page 6 Mayor Hashmi said his initial suggestions were items such as preliminary plats be placed on the consent agenda. Mayor Hashmi said he was opposed to conducting two public hearings for disannexations on the same night because of perception. Mr. Godwin agreed. Mayor Hashmi said the decision setting rank and file within the Police and Fire Departments should continue to be made by the City Council. John Godwin said City Council might want to consider the requirement of second readings for ordinances, because it would allow them to be placed on the consent agenda. Council also discussed the policy of requiring any item over 15,000 coming back to the Council for approval. It was a consensus of the City Council that if an item was already budgeted and pre- approved by the Council that it did not need to go to Council for approval again. It was also a consensus of City Council that staff did not need to bring expenses that were over $50,000 to Council for approval unless it was required by State Law. Mayor Hashmi and Council Member Wright expressed concern about multiple changes orders that exceeded the limit. Mr. Godwin said he would bring a policy for review by City Council with regard to certain plats, changes orders and second readings of ordinances. 21. Discuss merit raises for city employees. Mayor Hashmi said that Council Member Wright requested this item. Council Member Wright said they had some fantastic city employees, that merit raises were good, and that people who qualified should be recognized. He also said he thought there should be a policy as to the decision reached for awarding merit raises. Mayor Hashmi said he would like to know which employees got the merit raises and he would like to recognize them in a Council meeting for their hard work. Council Member Frierson said individuals might get tension or stress from their co- workers. Mr. Godwin said he would like to brag on those employees, but some of those employees would not want to be publically recognized for a merit raise. Mr. Godwin also said it did not mean that the 80% of the employees who were not getting raises were not good employees and it could hurt their feelings. Mr. Godwin said he had been on the job for three and one -half months and this first year had depended on supervisors' opinions and for the most part followed those recommendations. Council Member Wright wanted to know if any consideration was given as to whether or not they got a step pay increase along with the merit raise. Mr. Godwin said raises should be based on merit, so that you could get a merit raise and a step increase both in the same year. Council Member Wright asked Mr. Godwin if he found out differently to let them know. On behalf of the employees receiving merit raises, Mr. Godwin thanked the Council. 22. Convene into Executive Session: Mayor Hashmi convened City Council into Executive Session at 6:29 p.m. a. Pursuant to Section 551.072 of the Texas Government Code, to discuss the purchase, exchange, lease, or value of real property. b. Pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about pending or Regular Council Meeting September 24, 2012 Page 7 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, as follows: • Cause No. 81106; Ceclia Kane vs. Paris -Lamar County Health Department and Anthony Bethel; 62nd Judicial District Court, Lamar County, Texas. • Jack Besteman claim. 23. Reconvene into open session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 7:52 p.m. and said that Council was going to discuss item 22 a. in open session. Andy Faskin, residing at 4095 Sunset View said he represented the 'RAM Foundation and they were trying to help the Health Department and New Hope Shelter get into a new facility. Mr. Faskin said his understanding was that the City was interested in helping purchasing a building, but the County was not and that RAM Foundation would like to step in and help. Mr. Faskin told the Council they were flexible as to how to set it up. Mayor Hashmi asked Mrs. Prestridge about the estimated cost of rehabilitation of the building. She informed the Council she had met with Bobby Smallwood and the bid was $107,500 but that they could cut some expenses reducing it to $100,000. Mrs. Prestridge said the cost of the building was $200,000. Council Member Drake said she would first like to see an appraisal of the building. Council Member Grossnickle asked if grants had been pursued and Mr. Faskins said they were working on options. City Council Members expressed appreciation to Mr. Faskins and decided to postpone this item to a future meeting pending additional information. 24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Mr. Godwin reminded everyone that the fair would open the following day. 25. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:04 p.m. \ I k A.J. HASHMI, ICE ELLIS, CITY CLERK