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04 City Council Mtg Min 2-12-07 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS February 12, 2007 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, February 12,2007, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Richard Manning Council Members: Curtis Fendley; Mary Ann Fisher, Mayor Pro Tern; Kevin Gray; Jesse James Freelen; and Don Wilson City Staff: Ernie Clark, Interim City Manager; Kent McIlyar, City Attorney; and Janice Ellis, City Clerk Absent: Council Members: Tim Ray 1. Mayor Manning called the meeting to order and introduced Pete Kampfer, Executive Director for PEDC. Mr. Kampfer addressed the Council and told them that he looked forward to working with them. Don McHam gave the invocation. 2. Pledge of Allegiance. Council Member Fendley led the pledge. 3. Receipt of report from the Planning & Zoning Commission. A. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Coplin Square, being number 3070 Lamar A venue. Subject to the engineer's recommendations, a Motion to approve this item was made by Council Member Fendley and seconded by Council Member Gray. Motion carried, 6 ayes - 0 nays. B. Consideration of and action on the Preliminary Plat of The Hills Subdivision, Phase V. Wayne Brown, Applicant, asked that items Band C be withdrawn. A Motion to table items Band C was made by Council Member Fisher and seconded by Council Member Wilson. Kent McIlyar advised Council that appropriate action would be Regular City Council Meeting February 12,2007 Page 2 for the Applicant to withdraw the items, because by law a plat had to be acted upon within thirty days. Council Member Fisher withdrew the motion to table. C. Consideration of and action on the Revised Master Plat of the Hills Subdivision. D. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Starview Addition (City Block 259). Subject to the engineer's recommendations, a Motion to approve this item was made by Council Member Freelen and seconded by Council Member Fendley. Motion carried, 6 ayes - 0 nays. E. Consideration of and action on the Final Plat of Lot 1, Block A, Starview Addition (City Block 259). Subject to the engineer's recommendations, a Motion to approve this item was made by Council Member Freelen and seconded by Council Member Fisher. Motion carried, 6 ayes- o nays. F. Consideration of and action on the Final Plat of Lot 1, Block 1, Lamar Properties. Subject to the engineer's recommendations, a Motion to approve this item was made by Council Member Wilson and seconded by Council Member Gray. Motion carried, 6 ayes - 0 nays. CONSENT AGENDA Mayor Manning inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. Council Member Wilson asked that the approval date for Minutes ofthe Historic Preservation Commission (5-C) and the Airport Advisory Board (5- E) be changed to reflect the correct date. He stated the Minutes had approval dates of February 14th and 15th. Subject to the correction of the Minutes of the Historic Preservation Commission and the Airport Advisory Board, Council Member Fendley made a Motion to approve the Consent Agenda and Council Member Fisher seconded the Motion. The Council voted six (6) for and none (0) opposed to approve and adopt the Consent Agenda, Items 4,5, 5A, 5B, 5C, 5D, 5E, 5F, and 5G as follows: 4. Approval of minutes from previous City Council meetings. (1/22/2007) Regular City Council Meeting February 12,2007 Page 3 5. Receipt of reports and/or minutes from committees, boards, and commissions: A. The Charter Study Committee, Paris, Texas. (1/18/2007) B. Board of Adjustment. (1/3/2007 Special) e. Historic Preservation Commission. (1/10/2007; 1/29/2007) D. Main Street Advisory Board. (12/20/2006) E. Airport Advisory Board. (10/12/2006; 1/18/2007) F. Paris Visitors and Convention Council. (10/19/2006) G. Traffic Commission. (2/5/2007) 6. Consideration of and on proposals from search firms for the position of City Manager. A. Johnson & Associates B. Keller Consulting Group C. Waters-Oldani Executive Recruitment D. The PACE Group Executive Search Consultants Mayor Manning inquired of Council as to their preference regarding search firms. Council Member Fendley asked that the Mercer Group, Inc. be included, because they were very detailed oriented. Mayor Manning expressed he would like to hear from the PACE Group, because they had exhibited good results for PEDe. Council Member Wilson specified he would like to hear from Johnson & Associates, because they had a large client list. Council Member Free1en also stated he liked the Johnson Group, because they had a lot of references in Texas. Council decided to invite Johnson & Associates, the Mercer Group and the PACE Group to give presentations at the next regular meeting. 7. Citizens Forum. Jerry Rose, 2710 W. Brame Street - he told Council they needed to do something to retain good employees. He expressed concern about the water office having all new people and the length of time citizens had to wait in line. ."... ~ .. Regular City Council Meeting February 12,2007 Page 4 8. Consideration of and action on the following ordinances: A. ORDINANCE NO.2007-002: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THA T THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING THE TRAFFIC CONTROL MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31-65 OF SAID CODE; PROVIDING FORA PENAL TYNOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF MARCH 1,2007. A Motion to approve this item was made by Council Member Fendley and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. 9. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2007-009: A RESOLUTION ORDERING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF PARIS, PARIS, TEXAS TO BE HELD ON THE SECOND SA TURDA Y IN MAY, 2007, SAME BEING THE 12TH DAY OF MAY, 2007, BETWEEN THE HOURS OF 7:00 O'CLOCK A.M. AND 7:00 O'CLOCK P.M., BY THE QUALIFIED VOTERS OF DISTRICTS 4, 5 AND 7 OF THE CITY OF PARIS, PARIS, TEXAS, WITH EARL Y VOTING FOR THE SAME BEING CONDUCTED IN THE CITY HALL ANNEX WEST, FROM THE 30TH DAY OF APRIL, 2007, THROUGH THE 8TH DAY OF MAY 2007, MONDAY THROUGH FRIDA Y, BETWEEN THE HOURS OF 8:00 O'CLOCK A.M. AND 5:00 O'CLOCK P.M., WITH ADDITIONAL HOURS OF 8:00 O'CLOCK A.M. UNTIL 8:00 O'CLOCK P.M. ON THE 30TH DAY OF APRIL, 2007 AND THE 1 ST DAY OF MAY 2007, FOR THE PURPOSE OF ELECTING THE COUNCIL MEMBERS FROM EACH OF SAID DISTRICTS TO SERVE AS MEMBERS OF THE CITY COUNCIL FOR THE ENSUING TWO YEARS. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Wilson. Motion carried, 6 ayes - 0 nays. B. RESOLUTIONNO. 2007-010: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE EXEMPTION FOR THE CITY'S ELECTION PRECINCT FROM THE BILINGUAL REQUIREMENT OF THE TEXAS ELECTION CODE; AND PROVIDING AN EFFECTIVE DATE. Council Member Wilson inquired about the cost of having Spanish ballots. Janice Ellis informed Council that an estimate could not be obtained, until there was a final document to r-' .. Regular City Council Meeting February 12,2007 Page 5 be presented for translation. Kent McIlyar reported that he had requested pre-clearance from the Justice Department. He informed Council a pre-clearance Spanish exemption was approved by the Justice Department in 1988, because the Hispanic population was less than 5%. Kent further reported that according to the 2000 Census, Paris' Hispanic population was still under 5%. Council Member Fendley wanted to know if interpreters would be available on election day. Janice Ellis answered in the affirmative. Council Member Freelen asked if interpreters would be available for early voting. Janice Ellis replied interpreters would also be on call during early voting. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Fendley. Motion carried, 6 ayes - 0 nays. C. RESOLUTION NO. 2007 -011: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE GRANTING OF AN EASEMENT TO SBC/A T &T FOR UPGRADING THEIR CURRENT TELECOMMUNICA TIONS FACILITIES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Freelen. Council Member Wilson wanted to know who would follow-up to make sure that the landscaping and/or fence was placed around the parameter. He said it was a high visibility area and indicated a need for both landscaping and fencing around the parameter. Council Member Freelen withdrew his motion. Council Member Wilson asked Kent McIlyar if that could be done and Kent answered in the affirmative. Subject to deleting the word "or," Council Member Freelen made a Motion to approve this item and Council Member Fisher seconded the Motion. Motion carried, 6 ayes - 0 nays. D. RESOLUTION NO. 2007-012: A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING ADDENDUM NO. THREE TO LEASE AGREEMENT DATED SEPTEMBER 10,2001 BETWEEN THE CITY OF PARIS, PARIS, TEXAS, AND ARC~RS FOR CHRIST PROVIDING FOR THE ADDITION OF THAT TRACT OR PARCEL OF LAND DESIGNATED AS AREA NO. 8-A LOCATED AT LAKE CROOK TO THE EXISTING LEASE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Fendley questioned current use of the property, as it related to duck hunting. Shawn Napier told Council that duck hunting was prohibited on the lake itself, but Regular City Council Meeting February 12,2007 Page 6 not on the shore. Council Member Wilson wanted to know the length of the lease. Kent McIlyar explained the original lease was a five year term, with one year options for five years thereafter. Council Member Wilson asked if they were maintaining the fencing and roads, as agreed upon. Shawn Napier said they were doing a good job maintaining the fencing and roads. Council Member Freelen said that an individual called him inquiring about a right-of- way into property owned by the individual. He further stated that the individual maintained the road and was concerned about being cut off from his property. Shawn Napier said it was his understanding that Tony Williams had granted the individual and his family members permission to ingress/egress through the City's property to get to his property. Ernie Clark told Council that staff needed to research the matter and bring it to Council. A Motion to approve this item was made by Council Member Fendley and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. Kent McIlyar announced he wanted to clarify the Lease with Archers for Christ. He stated that Tracts I and 7 were on one year renewable terms and that Tracts 2, 4, 5 and 6 were on a ten year fixed term from 200 I through 2011. E. RESOLUTION NO. 2007-013: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING THE OFFICIAL LAKE CROOK HUNTING DISTRICT MAP, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. F. RESOLUTION NO. 2007-014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, LAMAR COUNTY, TEXAS, ACCEPTING A GRANT AWARD FOR A JUSTICE ASSISTANCE GRANT PROGRAM (JAG) GRANT FOR A LAMAR COUNTY FELONY CRIMES UNIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Chief Louis told Council this was the Grant they had been awaiting a reply. He affirmed it was a $227,000.00 grant, which worked two officers from the Police Department and one officer from the Sheriff s Department. Ernie Clark asked Chief Louis to explain the disbursement of the funds, upon closing down the Regional Drug Task Force. Chief Louis explained the funding was distributed equally among the parties and that the money could be Regular City Council Meeting February 12,2007 Page 7 utilized as part of the Felony Crimes Unit. He further explained that the Federal Government added an additional $30,000.00 for overtime of officers working on cases relating to ATF. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Gray. Motion carried, 6 ayes - 0 nays. 10. Discussion and possible action regarding additional funding for MIS Fiber Project. Ernie Clark recommended that the $7,900.00 discussed at the last meeting, be added to the lease and the cost be spread among the departments that would benefit from it. Kent Klinkerman estimated the cost to be approximately $110.00 per department. Council Member Freelen made a motion to add the $7,900.00 to the lease and a second was made by Council Member Fisher. Motion carried, 6 ayes - 0 nays. 11. Discussion of Monthly Financial Report. Ernie Clark said he had asked Gene to prepare a summary reflecting fees that were above or behind what staffhad expected, and it was included in their packets. Council Member Fendley inquired why the $7,900.00 was not taken out of the contingency fund. Gene Anderson replied that the Charter prohibited using the fund until the last ninety days of the budget year. Council Member Wilson clarified that the City was $227,000.00 behind in the water and sewer fund expenditures, after all adjustments were made. Ernie Clark stated in the future, he wanted an item on the Agenda wherein Council reviews and accepts the financial report. 12. Recognition of the Certificate of Achievement for Excellence in Financial Reporting awarded to the City of Paris and the A ward of Financial Reporting Achievement presented to W.E. Anderson, Director of Finance by the Government Finance Officers Association of the United States and Canada. Ernie Clark communicated the award to be very important to the City, especially when selling bonds. He remarked it was not an easily obtainable award. In addition, Mr. Clark informed the Council that the City had received at least six ofthese awards and recommended they be displayed at City Hall. Mayor Manning presented the Certificate of Achievement for Excellence in Financial Reporting to Gene Anderson. 13. Staff Reports: A. Report by City Engineer regarding TxDOT plans to widen Hwy 271 South from Loop 286 to County Road 15400. Regular City Council Meeting February 12,2007 Page 8 Shawn Napier explained that the City of Paris would participate in the right-of-way acquisition; however, the job was not scheduled to let until May of2009. He stated the cost to the City for purchase of the right-of-way would be 10%. Shawn displayed a map of the proposed plan. B. Report by City Engineer regarding Regional Mobile Authority. Shawn Napier reported to Council that the packet was currently being reviewed by TxDOT staff and upon completion, city staff would receive the information. Shawn affirmed the next step would be public hearings, and subsequently a presentation to TxDOT for final approval and granting of an RMA. Shawn specified their main project for this RMA was the widening of State Highway 24, between Hunt County line and Cooper. C. Report by Director of Finance regarding ongoing attorney fees. Gene Anderson reported there had been no change from last month regarding legal fees paid to the Moore Law Firm. He said there were additional invoices from the firms ofLynn, Pham & Ross, as well as Bovey, Akers & Bojorquez. D. Report by Police Chief regarding update on CAD System at the Police Department. Chief Louis reported that the process was taking longer than anticipated, as they were looking at different options and awaiting several unanswered questions. He advised Council that Ernie Clark, as well as the Fire Chief, and Director of EMS would be involved in the decision making process. He told Council he planned to have something back to them within the next sixty days. 14. Convene in Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive advice of legal counsel pertaining to pending or possible litigation and to receive advice oflegal counsel pursuant to the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding the following matters: A. Billy C. Brown v. City of Paris, Historical Preservation Commission and Thomas Haynes, Cause No. 4:04CV81, U.S. District Court - Eastern District, Sherman Division. Mayor Manning convened Council into Executive Session at 6:56 p.m. 15. Reconvene in Open Session to authorize further action on the part of the City Attorney regarding those matters discussed in the Executive Session. Regular City Council Meeting February 12,2007 Page 9 Mayor Manning reconvened in open session at 7 :03 p.m. Council Member Fendley made a Motion to instruct the City Attorney to move forward with the settlement of the case and Council Member Freelen seconded the Motion. Motion carried, 6 ayes - 0 nays. 16. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 17. Possible future agenda items. Council Member Freelen requested an update of the Audit on the next Agenda, so they could make a decision about the CAD System. Gene Anderson said he expects to have a report of the Audit at the next meeting. Council Member Fendley requested an item on the next Agenda to clarify the Ordinance on dust-free parking lots. 18. Information Items: A. Sudden Link letter - Notice of Price Changes in Paris. Council Member Fisher inquired if Sudden Link was the only group they could have in Paris. Kent McElyar advised it depended on whether or not they had an exclusive franchise. Mayor Manning asked him to research the matter and get back to Council. Council Member Wilson inquired if they had any recourse with regard to inadequate services, as complained about by citizens. Mr. Clark informed Council that he was going to meet with the Assistant City Manger for Sudden Link. B. CAPP Board memos - Price Lock for 2007. Council Member Wilson inquired if the City participated in CAPP. Gene Anderson informed Council the City did participate. C. Lamar County Day in Austin. Mayor Manning referred Council to the information in their packets. D. Midcontinent Express Pipeline letter - Proposal to construct and operate a new 500-mile natural gas pipeline system. Regular City Council Meeting February 12,2007 Page 10 Council Member Freelen asked about the rights of citizens, who did not want the pipeline to come through their property. Kent McIlyar advised it was not a good scenario, because the pipeline had the right to condemnation. 19. Referrals. Alan Whitley - 6245 Clarksville Street - currently zoned as agriculture - requesting zoning change in order to put in a crematory. 20. City Manager Report regarding assessment of first three weeks of employment. Ernie Clark gave a report regarding his first three weeks of employment. 21. Adjournment. There being no further business, Council Member Freelen made a Motion to adjourn and Council Member Fendley seconded the Motion. The meeting was adjourned at 7:25 p.m. RICHARD MANNING, MA YOR JANICE ELLIS, CITY CLERK r - ..