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09/28/2015MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 28, 2015 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 28, 2015, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; Benny Plata; Steve Clifford; Matt Frierson; and Edwin Pickle City Staff: Gene Anderson, Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief, Larry Wright, Fire Chief; Doug Harris, Utilities Director; Jerry McDaniel, 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. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Lancaster led the pledge. 4. Citizens' Forum. Kim Lacey — she referenced item 11 and said the contract with the Texas Department of Agriculture did not expire until December and she was in the process of trying to get them to close the current contract, so that the City could apply for the new sidewalk grant. Ms. Lacey said the deadline to file the new application was October 1, 2015. David Nabors — he expressed appreciation to the fire department and volunteer fire departments for participation in the presentation of the new rescue tubes which would be used in grain bins if needed. He also said he was a representative on the Region D Water Planning Group. Regular Council Meeting September 28, 2015 Page 2 Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the consent agenda for discussion and said that he would like to take out the airport board minutes and table until the next meeting when the city manager was present. A Motion to table the airport minutes was made by Mayor Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. Subject to item 6.a., a Motion to approve the consent agenda was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meetings on September 14, 2015 and September 21, 2015. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Airport Advisory Board (7 -16 -2015) b. Main Street Advisory Board (8 -13 -2015) c. Historic Preservation Commission (7 -8 -2015) d. Paris Public Library Advisory Board (8 -19 -2015) e. Paris Economic Development Corporation (8 -25 -2015 & 9 -8 -2015) f. Building and Standards Commission (8 -17 -2015) 7. Receive August monthly financial report. 8. Receive August drainage report. 9. Receive demolition report. 10. Receive code enforcement activity report. 11. Approve RESOLUTION NO. 2015 -037: 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. 12. Approve ORDINANCE NO. 2015 -026: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO COUNTY WASTE COLLECTIONS, LLC, D /B /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 Regular Council Meeting September 28, 2015 Page 3 PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 13. Approve ORDINANCE NO. 2015 -027: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DISANNEXING 566.58 ACRES OF LAND FROM AN AREA LOCATED NORTH AND SOUTH OF FM 1508 /AIRPORT ROAD IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, MORE PARTICULARY DESCRIBED IN FOUR SEPARATE TRACTS IN EXHIBIT "A" ATTACHED HERETO (TRACT 1: 1.378 ACRES OF LAND "FULLER TRACT "; TRACT 2: 21.3 ACRES OF LAND "DEVOSS TRACT"; TRACT 3: 399.9 ACRES OF LAND NORTH OF FM 1508 /AIRPORT; AND TRACT 4: 144 ACRES OF LAND SOUTH OF FM 1508 /AIRPORT ROAD), IN RESPONSE TO LANDOWNER REQUEST FOR DISANNEXTION; ADJUSTING CITY BOUNDARIES TO REFLECT NEW CITY LIMITS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Regular Agenda 14. Consider and take action on status update of Round IV Planning from Region D Water Planning Group — Walt Sears, Executive Administrator and Linda Price, Chair. Walt Sears presented to City Council charts outlining wholesale providers of municipal and manufacturing water supply, citing Paris was one of seventeen and the fifth largest providers. He summarized the water demand in the region and said that the past leaders of Paris made good choices which was why Paris has the great water supply they have today. Mr. Sears said they had done a good job at protecting their water supply. Council Member Lancaster added that water attracts industry and Mr. Sears agreed and said Paris was on the map to attract Fortune 500 companies. In order to continue to protect the water supply, Council Member Lancaster confirmed with Mr. Sears that Paris did not need to make any changes. Mayor Hashmi inquired if the Texas Water Development Board provides funding for projects like Paris was considering doing. Mr. Sears said the board does provide funding for water and wastewater projects. He also said the State agency has with it more than 6 billion dollars' worth of loan capability and he could provide the contact information for the person who works with rural areas. 15. Receive update and discuss the work being done on S. Church Street and 3rd N.E. Council Member Lancaster said she requested this item and that she had questions and after hearing from Mr. McDaniel, that she may have to place it back on the agenda. Public Works Director Jerry McDaniel explained S. Church Street Phase I engineering and design began with Brame Street all the way to Heron and in doing that, some of the lines got cut out and low water pressure was created in that part of town. He said they did a loop off 3rd all the way back to Church Street, which was helpful but it was still not where it needed to be. After researching, he said they found one block that was not in the project at all and that was from Regular Council Meeting September 28, 2015 Page 4 Sherman to Brame. Mr. McDaniel said on that block there was a 6 inch line which was incrusted to a 3 inch line and it came off of a 14 inch main that runs from east to west on Sherman, which was one of the main feeders. He told the Council staff was laying a 10 inch line from Sherman to Brame in an effort to increase those pressures. Mr. McDaniel also explained there was a drainage problem at Brame and Church where there was a storm water inlet box that had 12 inch pipe that was not allowing enough water to flow, but that staff was fixing that. Council Member Lancaster questioned whether or not McInnis Brothers was ever responsible for that section. Mr. McDaniel said it was never in the plan and he did not know how that one block got missed. Mayor Hashmi inquired if McInnis was taken off the contract. Council Member Lancaster said the contract was closed without McInnis completing the work and the city had to deal with it and Church Street was still a mess. Council Member Lancaster expressed concern that the City closed out the contract and paid McInnis almost everything that was owed under the contract. Council Member Lancaster questioned whey McInnis was paid and whether or not they had a bond. Mr. McDaniel said normally the bond process was filed if a contractor does not get the job done, but that he did not know the history. Council Member Lancaster said he understood that Mr. McDaniel was not here then and that she may have to take it up with the city manager to find out what happened. She also said this wasn't just Church Street, but included W. Kauffman Street and 3rd Street, almost to the fairgrounds. Mr. McDaniel said staff was doing work in -house from Sherman to Brame on Church Street, and estimated it to be completed in about 5 weeks. He also said when McInnis laid the 20 inch water main from Henderson all the way to Sherman Street; they left the old main in the ground and never capped it off causing a problem. He said the new main ran parallel to the old main. Council Member Lancaster said nothing was ever done about any of it until she started asking about the double fire hydrants and the fact they were all painted the same color. She said she wondered how the fire department knew which hydrants to use. She also said when the change order was done there was a line item that reflected the City had to pay $5,500 to find out where the City valves were. Council Member Lancaster said she was concerned that such a bad job was done on Church Street, the City paid for it and now the City was going to have pay for it again. Mr. McDaniel said to date the City had spent $35,000 on killing out the line. Council Member Lancaster expressed concern about the money that was given to the City for this project and the City having liability in not going after McInnis' bond. Council Member Lancaster said she remembered talking to Mr. Napier and that he said they had done a really bad job and she questioned why we were paying them. She said as she recalls, Mr. Godwin said there was one more payment still left and that she told him not to pay the company, and make them fix it. She said it was paid anyway. Mayor Hashmi said it was his understanding McInnis was not going to be paid. Mr. McDaniel said the contract was for $1,815,202.91 and they were paid 1,794,894.62, about a $20,000 difference. Council Member Lancaster said that street was going to cost more than 20,000. Mayor Hashmi said he thought the Council told Mr. Godwin not to make the last payment. Council Member Frierson said his recollection of a conversation with John Godwin was there was about $150,000 that McInnis was not paid. Gene Anderson said his research shows they were paid and he found a resolution from the December 8, 2014 meeting that approved a change order reducing the contact by about $20,000 and the resolution authorized final payment. Mayor Hashmi asked that that the minutes of that meeting be pulled. Council Member Lancaster said she may choose to place this back on an agenda to discuss with John. Regular Council Meeting September 28, 2015 Page 5 16. Receive update on sale of the old police building and the old health department building. Finance Director Gene Anderson informed the Council that the County was agreeable to the sale of the old Health Department building and that he had contacted Rene Bates Auctioneers about information necessary to auction the two pieces of property. He also said staff had contracted with Chaney Engineering to obtain an updated survey. Mayor Hashmi inquired about the possibility of getting an asbestos estimate prior to putting the old police station to auction, in an effort to speed up the process of selling it. He said if they could get a free estimate he thought they should do so. It was a consensus of Council to get an asbestos estimate if the City was not going to be charged for it. 17. Discuss and act on one appointment to the Historic Preservation Commission. City Clerk Janice Ellis said there was one vacancy and Mayor Hashmi asked for nominations. Council Member Lancaster nominated Pat Conrad and Council Member Pickle nominated Anne Biard. Mayor Hashmi called for a vote on the nomination of Ms. Conrad. Ms. Conrad received four votes appointing her to the Historic Preservation Commission. 18. Discuss and act on two appointments to the Main Street Advisory Board. Ms. Ellis informed Council there were two vacancies on this board. Mayor Hashmi asked Council if there was a consensus to appoint the two applicants to the two vacancies. With no comment being made, Mayor Hashmi asked for a vote on Laurie Redus and Ms. Redus received seven votes appointing her to the Main Street Board. Mayor Hashmi asked for a vote for Harriet Wilson and Ms. Wilson received five votes appointing her to the board. 19. Discuss and act on RESOLUTION NO. 2015 -038: A RESOLUTION OF THE CITY COUNICL OF THE CITY OF PARIS, TEXAS, NOMINATING A CANDIDATE OR CANDIDATES FOR MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE LAMAR COUNTY APPRAISAL DISTRICT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Hashmi said Jim Noble was currently serving on the board and said he would like to nominate Mr. Noble. Mayor Hashmi asked for any other nominations and there were none. A Motion to nominate Jim Noble to serve on the board of directors was made by Mayor Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 20. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. None were referenced. Regular Council Meeting September 28, 2015 Page 6 21. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Hashmi and was seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 6:30 p.m. NICE ELLIS, CITY CLERK