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03 City Council Mtg Min 4-9-07 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS April 9, 2007 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, April 9,2007, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Richard Manning Council Members: Tim Ray; 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 1. Mayor Manning called the meeting to order. Ernie Clark gave the invocation. 2. Pledge of Allegiance. Council Member Ray led the pledge. 3. Recognition of retirement of City employee, Tiny Freelen. Ernie Clark recognized Tiny Freelen for twenty-three years of service to the City of Paris. In addition, Mayor Manning presented a plaque to Mr. Freelen. 4. Presentation to City of Paris by Archers for Christ. On behalf of the Archers for Christ, Mark Rothfuss commended the word done by Mayor Manning, Beth Golden, Shawn Napier and Becky Semple. Council Member Freelen added to that list Greg Skidmore. Mr. Rothfuss presented a plaque of appreciation to the City of Paris. CONSENT AGENDA Mayor Manning inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. There were none. Council Member Fendley made a Motion to approve the Consent Agenda and Council Member Fisher seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 5, 6, 6A, 6B and 6C, as follows: 5. Approval of minutes from previous City Council meetings. (3/26/2007 Regular Meeting) . --1' Regular City Council Meeting April 9, 2007 Page 2 6. Receipt of reports and/or minutes from committee, boards, and commissions: A. Charter Review Committee. (3/8/2007) B. Main Street Advisory Board. (2/20/2007) C. Paris Public Library Advisory Board. (2/21/2007) 7. Paris Economic Development Corporation quarterly status report by Peter D. Kampfer, Director. Pete Kampfer gave a power point presentation outlining the objectives of PEDC. 8. Citizens Forum. David Nabors, 1822 E. Polk - Mr. Nabors asked Council to give authority to Gene Anderson to finalize the Pat Mayse Project. He also asked Council to use diligence in selection of a city manager. 9. Police Chief report regarding enforcement of the curfew ordinance and impact on crime and public safety. Lt. Danny Huff reported there were one-hundred fifty-three night-time violations between the years 2002-2006. He further reported there were four day-time violations in 2005 and two in 2006. Without a day-time curfew, Lt Huff said the police department would rely on the truancy law. He further explained the truancy laws allowed for three or four un-excused absences from school in one month, or ten violations within six months. Lt. Huff said the night-time curfew had a positive impact on criminal activity. He reported it was the position of the police department that both curfews were equally important. 10. Second Public Hearing to review and consider City of Paris Children's Curfew Ordinance, being Article III to Chapter 21 of the Code of Ordinances in order to determine whether this ordinance should be continued, modified, or abolished. Mayor Manning opened the public hearing and asked for anyone speaking in favor of this item to do so. No one spoke in support of this item. Mayor Manning asked for anyone speaking against this item to do so. Phillip Hamilton, 1734 Margaret, spoke on behalf of the Texas Homeschoolers Coalition. Mr. Hamilton opposed the day-time curfew ordinance as written, citing that it did not contain language requiring officers to determine if an affirmative defense applied prior to issuance of a warning or citation. Lt. Huff said that home-schooled children were exempt from the day-time curfew and pointed out that the proper procedure was for the officer to verify the child was home-schooled before issuing a warning or citation. Mr. Hamilton said he was aware of one case in which procedure was not followed and the parents were required to go to court. With no one Regular City Council Meeting April 9, 2007 Page 3 else speaking, Mayor Manning closed the public hearing. 11. 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 of legal 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. Legal advice regarding the Curfew Ordinance for the City of Paris. Mayor Manning convened Council into Executive Session at 7:18 p.m. 12. Reconvene in Open Session for discussion and possible action on readopting, modifying, or abolishing Article III to Chapter 21 of the Code of Ordinances of the City of Paris entitled "Curfew Ordinance for Children". Mayor Manning reconvened Council in open session at 7:40 p.m. A Motion to modify the curfew ordinance to require law enforcement to consider affirmative defenses, before issuing a citation or making an arrest for juvenile curfew ordinance violators was made by Council Member Freelen and seconded by Council Member Fendley. Motion carried, 7 ayes - 0 nays. Council Member Wilson clarified they were not passing the ordinance, and that a revised ordinance would be brought back to Council. 13. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2007-043: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A PROCLAMATION DECLARING THE MONTH OF APRIL AS FAIR HOUSING MONTH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Freelen. Motion carried, 7 ayes - 0 nays. B. RESOLUTION NO. 2007-044: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DECLARING CERTAIN PERSONAL PROPERTY SURPLUS; APPROVING AN AUCTIONEER SERVICE AGREEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Fendley. Motion carried, 7 ayes - 0 nays. . .- -~.'T Regular City Council Meeting April 9, 2007 Page 4 C. RESOLUTION NO. 2007-045: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE CITY MANAGER TO AUCTION, SELL, OR SALVAGE THE DUMPSTERS ABANDONED BY SOUTHERN DISPOSAL, INC.; 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 Wilson. Motion carried, 7 ayes - 0 nays. 14. Consideration of and action on selecting an executive search firm for the position of City Manager from the following: A. Johnson & Associates B. The Pace Group Executive Search Consultants C. Waters-Oldani Executive Recruitment, A Division of The Waters Consulting Group. Mayor Manning asked if there was a motion. A Motion to engage the services of the Pace Group was made by Council Member Fisher and seconded by Council Member Ray. Mayor Manning inquired if there was discussion. Council Member Fendley stated all three firms were qualified; however, he could not justify spending twice as much money for the Pace Group. Mayor Manning expressed the Pace Group did an outstandingjob for PEDC. Council Member Wilson said the Pace Group had conducted very few searches for city manager positions. Council Member Fisher communicated she liked what she had heard about the Pace Group and she was comfortable with them. Mayor Manning asked for a vote on the Motion. Motion carried, 4 ayes - 3 nays, with Council Member Fendley, Council Member Wilson and Council Member Freelen casting the dissenting votes. 15. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 16. Referrals. T Regular City Council Meeting April 9, 2007 Page 5 There were none. 17. Staff Report: A. Director of Finance report on Pat Mayes Lake water rights. Gene Anderson reported he had contacted Congressman Hall's office and was advised the City's proposal was included in House Resolution 1495, which is the Water Resources Development Act of 2007. B. Director of Finance report on legal fees. Gene Anderson reported payments were made to two law firms in March, one to the Moore Law Firm regarding the Oglesby case and one to Monte Akers for the charter revision. C. City Manager report and observations on City management and operations. Ernie Clark outlined his observations since being appointed Interim City Manager. They included updating the sign ordinance, updating community development codes, updating fire safety codes, updating the plan review process, and combining the two pay plans. In closing, he complimented Paris on being a unique community with latent possibilities to prosper. 18. Possible future agenda items. None were referenced. 19. Information Items. A. Verification of funds for the Pine Mill Grade Separation Project. B. City of Paris Boards and Commissions - Schedule of Meetings: · Airport Advisory Board scheduled 04/19/07,5:30 p.m. at Cox Field Airport · Board of Adjustment Meeting scheduled 04/1 0/07, 12:00 p.m. in the City Council Chambers. · Building and Standards Commission scheduled 04/16/07, 4:00 p.m. in the City Council Chambers - T Regular City Council Meeting April 9, 2007 Page 6 · Historic Preservation Commission Special Meeting scheduled 04/11/07, 12:00 p.m. in the City Council Chambers. · Historic Preservation Commission Meeting scheduled 04/23/07, 4:00 p.m. in the City Council Chambers. · Main Street Advisory Board Meeting scheduled 04/17/07, 4:00 p.m. in the City Council Chambers · Paris Library Advisory Board Meeting scheduled 4/18/07, 4:00 p.m. in the Library Gallery. · Planning & Zoning Commission Meeting schedule 5/7/07, 5:30 p.m. in the Council Chambers. 20. Adjournment. There being no further business, Council Member Ray made a Motion to adjourn and Council Member Fisher seconded the Motion. The meeting was adjourned at 8:06 p.m. RICHARD MANNING, MAYOR JANICE ELLIS, CITY CLERK ----T'