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05 City Council MinutesCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 3-13-2008 Council Date: 3-24-2008 Originating Department: City Clerk Presented By: Janice Ellis Agenda Item No.: 5 RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S~: Approval of Official Record of Council BACKGROUND: Council Minutes from the meetings on March 3, 2008 and March 10, 2008 BOARD~COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meetings of March 3, 2008 and March 10, 2008 ACTION: BUDGET INFO: ^ Financial Report ®Minute Order Expense $ ^ Department Report ^ Resolution Budgeted Amt. $ ^ Presentation ^ Ordinance YTD Actual $ ^ Public Hearing ^ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ®City Clerk ^ Community Development ^ EMS/IT ^ Municipal Court ^ Legal ^ Library ^ Police ^ Eng./Public Works ^ Finance ^ Fire ^ Utilities City of Paris Revised 2/04/08 SPECIAL SESSION OF THE CITY COUNCIL, CITY OF PARIS March 3, 2008 The City Council of the City of Paris met for a special session at 5:00 P. M. Monday, March 3, 2008, at the Old City Council Chamber, 135 S.E. First Street, Paris, Texas. Present: Absent: Call meeting to order. Mayor: Jesse James Freelen Council Members: Kevin Gray; Stephen Brown; Will Biard; and Don Wilson City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; and Shawn Napier, City Engineer Council Members: Mary Ann Fisher and Bill Strathern, Mayor Pro Tem Mayor Freelen called the meeting to order at 5:03 p.m. Council Member Brown gave the invocation and Council Member Wilson led the pledge. 2. Hear and deliberate on presentation and request by Paris Independent School District for funding extension of South Collegiate Road between Jefferson Road and Loop 286. Paul Trull, superintendent for Paris Independent School District, told Council an extension was needed on South Collegiate Road along the west boundary of the proposed new Paris High School. Mr. Trull said state legislation prohibited a school district from spending money on land that it did not own. He also stated the school's construction of any roadway must be for school use and not for public use. John Haugen of NATEX Architects displayed a site plan for the proposed new school. He explained their goal was to keep traffic off of the loop. Mr. Haugen said that Collegiate Drive along the western edge would need to be 60 feet wide to accommodate two buses side by side in each direction. He emphasized to Council that the school was looking for a joint venture. Kevin Gray arrived to the meeting at 5:20 p.m. Council discussed the possibility of dedicating an easement, contacting the state representative, and scheduling a meeting with TxDOT. In addition, Council asked for additional information to include the budgeted amount and statutes from attorneys. Kevin Carruth informed Paul Trull if he could get the information to him by March 5"', he could schedule a meeting for March 12"'. Work Session Meeting March 3, 2008 Page 2 Mayor Freelen recessed the Council at 6:02 p.m. and reconvened the Council at 6:05 p.m. 3. Deliberate and act on creation of the Lake Pat Mayse Study Committee and appointment of members. Mayor Freelen informed Council this item was previously tabled and should they wish to discuss the item, he would need a motion to bring it from the table. A Motion to bring the item from the table was made by Council Member Biard and seconded by Council Member Brown. Motion carved, 5 ayes - 0 nays. Mayor Freelen asked Council Members to submit their names for appointees to the Committee. Council Member Fisher selected Dennis Chalaire; Mayor Freelen said that Council Member Strathern had selected Reeves Hayter; Council Member Gray stated he would submit his name on Tuesday; Council Member Biard selected Sharon Nabors; Council Member Brown selected Dan Smith; Council Member Wilson selected Herb Campbell; and Mayor Freelen selected Gene McWaters. After a brief discussion, Council also selected Rick McDougal, Richard Quarles, Jim Noble, Michael Moffit. Joan Mathis was selected to serve as an alternate. Mayor Freelen reminded Council they had previously discussed including ex-officio members. Mayor Freelen suggested they appoint representatives from the industries, a representative from Lamar County Commissioners Court ,and the Chamber of Commerce. After a brief discussion, Council selected Frank Wright as the representative for Kimberly Clark and Brian Bowman from Lamar Power Partners. Council Member Brown said his representative worked for Campbell Soup. Reeves Hayter told Council he could represent Lamar County Water. There was discussion about Lawrence Malone serving as the representative for Lamar County Commissioners Court and Pete Kampfer from the Chamber. Kevin Carruth told Council he would contact the entities to determine who they wanted to serve as their representatives. Council Member Gray made a Motion to approve the appointees as discussed, and Council Member Biard seconded the Motion. Motion carried, 5 ayes - 0 nays. 4. Deliberate on possible future agenda items. Council Member Wilson asked for an item on the next Agenda to discuss the possibility of passing an ordinance to conduct acity-wide election which would allow the citizens to vote on whether or not to sell water, should the Lake Pat Mayse Study Committee determine there was a sufficient amount of water to sell from Pat Mayse Lake. 5. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Brown Work Session Meeting March 3, 2008 Page 3 and seconded by Council Member Biard. Motion carried, 5 ayes - 0 nays. The meeting was adjourned at 6:23 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS March 10, 2008 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, March 10, 2008, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Mary Ann Fisher; Stephen Brown; Will Biard; Don Wilson; and Bill Strathern, Mayor Pro Tem City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Lisa Wright, Community Development Director; Priscilla McAnally, Library Director; and Doug Harris, Interim Director of Utilities Absent: Council Member: Kevin Gray Opening Agenda 1. Call meeting to order. Mayor Freelen called the meeting to order at 6:00 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Fisher led the pledge. 4. Citizens Forum. John House, 1446 Clarksville Street -expressed concern about the theft of copper and asked that changes be made to the Code of Ordinances requiring additional regulations to be imposed on vendors purchasing copper. Mayor Freelen asked Council if it would be agreeable to move item 25 forward. A Motion to bring item 25 forward was made by Council Member Brown and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. Regular City Council Meeting March 10, 2008 Page 2 25. Presentation by Gene Stallings on the Valley of Caddo Museum & Cultural Center. Gene Stallings gave a presentation on the proposed Valley of the Caddo Museum and Cultural Center. He invited everyone to attend the road show and meeting on Apri122, 2008, at Paris Jr. College beginning at 5:00 p.m. Mayor Freelen moved to the Consent Agenda. Consent Agenda Mayor Freelen inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. There were none. Council Member Fisher made a Motion to approve the Consent Agenda and Council Member Biard seconded the Motion. The Council voted six (6) for and none (0) opposed to approve and adopt the Consent Agenda, Items 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18. 5. Deliberate and act on the approval of minutes from the meeting on February 25, 2008. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. City Council Task Force on Code Enforcement (2-5-2008) 7. Deliberate and accept monthly financial report. RESOLUTION N0.2008-011: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE "A" (COARSE BASE), MATERIALS TO R.K. HALL IN THE AMOUNT OF $42.21 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND DECLARING AN EFFECTIVE DATE. 9. RESOLUTION N0.2008-012: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE "B" (BASE), MATERIAL TO R.K. HALL IN THE AMOUNT OF $42.14 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND DECLARING AN EFFECTIVE DATE. 10. RESOLUTION N0.2008-013: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE "D" (FINE MIXTURE), Regular City Council Meeting March 10, 2008 Page 3 MATERIAL TO R.K. HALL IN THE AMOUNT OF $42.26 PER TON, FOR USE, IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 11. RESOLUTION N0.2008-014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B, GRADE 4, UNCOATED) TO MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $2075 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 12. RESOLUTION N0.2008-015: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B, GRADE 5, UNCOATED) TO MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $22.75 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 13. RESOLUTION N0.2008-016: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B, GRADE 5 UNCOATED) TO MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $22.75 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 14. RESOLUTION N0.2008-017: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE 5, GRADE 5, COATED) TO MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $34.70 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 15. RESOLUTION N0.2008-018: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF FLEXIBLE BASE MATERIAL (WHITE ROCK) TO MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $9.40 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN Regular City Council Meeting March 10, 2008 Page 4 EFFECTIVE DATE. 16. RESOLUTION N0.2008-019: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF PORTLAND CEMENT CONCRETE TO COSTON & SON READY MIX IN THE AMOUNT OF $83.00 PER CUBIC YARD FOR CLASS "A", $89.00 PER CUBIC YARD FOR CLASS "C", AND $83.00 PER CUBIC YARD FOR PORTLAND CEMENT GROUT, FOR USE IN THE OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. 17. RESOLUTION N0.2008-020: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF SAND TO RICHARD DRAKE IN THE AMOUNT OF $8.85 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 18. Ratify the appointment of District 2 appointee to Lake Pat Mayse Study Committee. City Council ratified Council Member Gray's appointment of John Kunforad to the Lake Pat Mayse Study Committee. Regular Agenda 19. Receive report of City Clerk regarding Certification of an Initiative Petition proposing an ordinance prohibiting the authorization of the power to negotiate for the sale of raw water from Lake Pat Mayse and Lake Crook to be transported beyond the boundaries of Lamar County, Texas, filed February 25, 2008. City Clerk, Janice Ellis reported that she determined the initiative petition to be invalid, because it did not meet the requirements of Section 277.002 of the Texas Election Code. She stated that the petition did not contain the signer's date of birth or voter registration number, nor did it contain the date of signing. 20. Deliberate on possible future actions after conclusion of lake studies as they relate to the sale of water. Council Member Wilson stated if the Study Committee determined the sell of water from Pat Mayse was not in the best interest of the community, that an Ordinance would prohibit the Council from selling the water. Council Member Wilson said they needed to let the Committee do their job and eliminate Council involvement. Mayor Freelen said should the Committee deem there is not enough water to sell to other entities, then no further action would take place. Mayor Freelen also said should the Committee decide there was sufficient water to sell to other entities, then Council Regular City Council Meeting March 10, 2008 Page 5 would call an election allowing the citizens to vote on the issue. He said he thought the Committee should make the recommendation to the Council and then the Council could approve or disapprove the recommendation. Council Member Strathern expressed concern about Council abrogating the future responsibility of the Council and passing it on to the citizens. Kevin Carruth said he saw no problem with the Committee making a recommendation and Council making the decision. Kent McIlyar told Council they could delegate authority to the Committee as an advisory board, but it was his opinion that Council could not delegate authority to the Committee to create ordinances or to mandate that the Council adopt ordinances. Mr. McIlyar stated the Council could consider the recommendations, but that Council would need to deliberate and make a decision as to whether or not to pass any ordinances. Council Member Wilson inquired about passing an ordinance that would require Council to call an election should the Committee decide there was sufficient water to sell. He went on to say this action would let citizens know in advance that they would be given the opportunity to vote on the issue. Council Member Strathern said the petition would allow a vote on the issue, if the petition contained enough signatures. Council Member Wilson said the Committee needed time to study this issue. Council continued discussing the possibility of passing an ordinance. Kent McIlyar reiterated that it was his opinion that he did not think Council should delegate authority to the advisory committee that would be binding on the Council. Council Member Brown expressed concern about binding a new Council. Kevin Carruth suggested a Resolution. Kent McIlyar said he was comfortable with Council taking action with a resolution, but not an ordinance for the reasons set out. Kevin Carruth said the resolution could state the intent of the Council. Mr. McIlyar advised Council they might want to consider a resolution that would give due consideration and weight to the findings and recommendations ofthe Lake Pat Mayse Water Study Committee. Council Member Wilson said he wanted language in the resolution that would give the voters the opportunity to approve or disapprove the findings and recommendations of the Council. Mayor Freelen said he also thought there should be wording in the resolution giving citizens the opportunity to vote if there was water available to sell. Council Member Strathern said he understood the new petition was to insure that the citizens would be allowed to vote on the water issue prior to the City selling any water to any entity outside Lamar County. Council Member Wilson said if Council passed a resolution that stated the citizens would have a vote on this issue prior to any action being taken by Council, that should resolve it. Mayor Freelen and Council Member Wilson both stated that it would be costly to conduct two elections, one as a result of the resolution and one as a result of the petition. Mayor Freelen also stated that if the Committee determined there was not a sufficient amount of water to sell, then it would not be necessary to spend money on an election. Council Member Strathern stated this should have been explained earlier to the citizens. He said the purpose of the petition was to slow the process, until all of the information was collected. Mayor Freelen asked Kent McIlyar for a resolution. Mr. McIlyar said this item was not posted to take action on a resolution, but could recommend language. Mayor Freelen asked Mr. McIlyar to give Council wording that could be used in a resolution. Mr. McIlyar suggested the following language "Be it Resolved by the City Council of the City of Paris, that the City Council will give due consideration and weight to the findings and recommendations of the Lake Pat Mayse Water Study Committee, and if the Committee finds that Regular City Council Meeting March 10, 2008 Page 6 excess water is available to be sold outside Lamar County, then this City Council would urge the future City Council to consider putting the issue to a vote before the citizens of Paris before selling said water." Mr. McIlyar told Council he would bring a resolution to the next meeting for their consideration. 21. Deliberate on request by Paris Independent School District regarding the new high school and request for funds to construct an extension of Collegiate Drive from Love Civic Center to Loop 286. Paul Trull, Superintendent for Paris Independent School District and John Haugen ofNATEX Architects addressed the City Council. Following a brief discussion, Mayor Freelen directed city staff to put together a meeting between the City, Paris Independent School District, and TxDOT and subsequently bring information back to Council. Mayor Freelen also suggested that the district engineer for TxDOT and Pete Kampfer be asked to attend the meeting. 22. Deliberate and act on the Preliminary for Paris Independent school District (Proposed High School) of Lot 1, City Block 350, being number 2255 S. Collegiate Drive. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. 23. ORDINANCE N0.2008-006: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN AMENDED SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT-RETAIL SHOPPING CENTER (PD-a), PREVIOUSLY ESTABLISHED BY THE ADOPTION OF ZONING ORDINANCE NO. 2059, FOR LOT 3, CITY BLOCK 287, BEING MIRABEAU SQUARE, LOCATED AT 3516 LAMAR AVENUE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mayor Freelen 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 Freelen asked for anyone speaking against this item to do so. With no one speaking, Mayor Freelen closed the public hearing. Lisa Wright told Council the site plan was being amended to show proposed expansion of the old Beall's building to house Hobby Lobby and for the proposed future retail pad on the east side of the parking lot. She also said the proposed site plan would address additions made in previous years. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. Regular City Council Meeting March 10, 2008 Page 7 24. RESOLUTION N0.2008-021: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING SUBMISSION OF AN APPLICATION FOR $60,000.00 OF RURAL BUSINESS ENTERPRISE GRANT-REVOLVING L ON FUND (RBEG-RLF) FUNDS TO PURCHASE A COMMERCIAL BUILDING IN ORDER FOR A LOCAL BUSINESS TO EXPAND ITS OPERATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Biard asked to be recused. A Motion to recuse Council Member Biard was made by Council Member Brown and seconded by Council Member Wilson. Motion carried, 5 ayes - 0 nays. Council Member Biard left the room. Lisa Wright explained the City of Paris was the recipient of $200,000.00 in Rural Enterprise Grant -Revolving Loan Fund (RBEG-RLF) funds to assist small and emerging business. She went on to say the City had provided a $100,000.00 loan to Charles Fulbright in 2003, leaving a balance of $100,000.00 funds available to the City. Ms. Wright stated Kenneth White d/b/a White's Flooring Depot had inquired about assistance in the amount of $60,000.00, to help him purchase a new building in order to expand his business. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Fisher. Motion carried, 5 ayes - 0 nays. A Motion to return Council Member Biard to the meeting was made by Council Member Fisher and seconded by Council Member Brown. Motion carried, 5 ayes 0 nays. Council Member Biard returned to the room. 26. Presentation of the annual report on status of racial profiling policy. Dr. Eric Fritsch presented the Paris Police Department's Annual Racial Profiling Analysis Report. Dr. Fritsch reported that the Paris Police Department was fully in compliance with Texas Law and based on the analysis, there was no evidence of racial profiling within the Paris Police Department. 27. ORDINANCE N0.2008-007: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, REVISING SECTION 26-6(a)(2) TO ARTICLE 1, CHAPTER 26 OF THE CODE OF ORDINANCES, ENTITLED ASSIGNMENT PAY; CHANGING THE RATE OF ASSIGNMENT PAY FOR FIELD TRAINING OFFICERS WITHIN THE PARIS POLICE DEPARTMENT TO COINCIDE WITH 12 HOUR WORK DAYS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Chief Louis stated this was not an increase in pay, but a housekeeping issue. He said it was necessary to synchronize the assignment pay for Field Training Officers with the change from 8 hour to 12 hour shifts. Regular City Council Meeting March 10, 2008 Page 8 A Motion to approve this item was made by Council Member Brown and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. 28. Hear, deliberate, and receive FY 2006-2007 Comprehensive Annual Financial Report. Tom Hensel with McClanahan and Holmes, presented the annual report. Mr. Hensel explained the various sections of the report and answered questions from Council. 29. RESOLUTION N0.2008-022: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING A LEASE ON PROPERTY LOCATED ON PART OF LOTS 6 AND 7, CITY BLOCK 251 A, BEING NUMBER 1227 N. MAIN STREET, PARIS, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE ON SAID PROPERTY; DECLARING THE 12'X24' ALUMINUM SIDED STRUCTURE ON THE PROPERTY AS SALVAGE PROPERTY AND AUTHORIZING THE SALE OF THIS STRUCTURE TO KENNETH MARSHALL PURSUANT TO HIS BID PROPOSAL; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Gene Anderson informed Council that bids were received in February 2008, and Kenneth Marshall was the only bidder. Mr. Anderson pointed out that the bid included buying the 12'x24' structure for $100.00; month-to-month ground lease for $50.00 per month; demolition of an outbuilding; disposal of accumulated tires; maintaining appropriate insurance; and maintaining the lot. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 30. Deliberate and act on a reduction in the membership of the Code Enforcement Task Force. Lisa Wright said the Code Enforcement Task Force was experiencing a problem attaining a quorum and recommended decreasing the membership by two members, in order to give the Task Force a better chance of attaining a quorum. After review of the attendance sheet, it was decided to take Chris Brown and Oscar Johnson off of the Task Force Committee. A Motion to reduce the Task Force by two members was made by Council Member Strathern and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. 31. Deliberate on City of Paris payroll trends. Due to the length of the meeting, Council Member Wilson said he wanted to move this item to the next Agenda. A Motion to table this item was made by Council Member Wilson and seconded by Council Member Biard. Motion carried, 6 ayes - 0 nays. Regular City Council Meeting March 10, 2008 Page 9 32. 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 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, and litigation exception under Texas Open Meetings Act regarding the following matter: A. To receive Attorney advice on pending litigation, City of Paris v. City of Clarksville, Cause No. 74469. A Motion to convene into Executive Session was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. Mayor Freelen convened Council into Executive Session at 8:29 p.m. 33. Reconvene in Open Session to possibly deliberate or take action regarding those matters discussed in the Executive Session. Mayor Freelen reconvened Council into Open Session at 8:37 p.m. and announced there was no action to be taken at the time. 34. Deliberate on possible future agenda items. Deliberate on City of Paris payroll trends to be placed on the next Agenda. Council Member Strathern wanted to make sure that the Lake Pat Mayse Water Study Committee will have access and work fully with city staff. Kevin Carruth assured him that would be the case. Council Member Wilson said he wanted staff to schedule a meeting for the Lake Pat Mayse Water Study Committee. Kevin Carruth said he had contacted industry leaders and was lining up the remainder of the representatives. 35. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Fisher and seconded by Council Member Strathern. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 8:43 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK