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05-APPROVAL OF MINUTES FROM 2/28/11CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 03/03/2011 Council Date: 03/14/2011 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 meeting of February 28, 2011. BOARD/COMMISSION RECOMMENDATION: . EXHIBITS: The attached minutes from the meeting ACTION: BUDGET INFO: ❑ Financial Report ~ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Lng./1'ublic Works ❑ Utilities City of Paris I Revised 2/04/08 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS February 28, 2011 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, February 28, 2011, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Will Biard Council Members: John Wright; Stephen Brown; Edwin Pickle; and Rhonda Rogers City Staff: Gene Anderson, Interim City Manager/Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Ronnie, Grooms Fire Chief; Steve McFadden; Interim Public Works Director; and Priscilla McAnally, Library Director Absent: Council Members: Joe McCarthy and Jason Rogers Opening Aizenda Call meeting to order. Mayor Biard called the meeting to order at 5:32 p.m. 2. Invocation. Shawn Napier gave the invocation. 3. Pledge of Allegiance. Council Member Edwin Pickle led the pledge. 4. Citizens' forum. No one spoke. 5. Public Announcements. a. Proclamation designating 2011 as the Second Century Celebration Year of Boy Scouts of America and declaring February as Official Boy Scout month. 2 Regular Council Meeting February 28, 2011 Page 2 Mayor Biard read the proclamation and presented it to Troop 3990. Consent Agenda Mayor Biard inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. There were none. A Motion to approve the Consent Agenda was made by Council Member Pickle and seconded by Council Member Brown. The Council voted five (5) for and none (0) opposed to approve and adopt Consent Agenda Items 6, 7, 8& 9. 6. Deliberate and act on the approval of minutes from the meeting on February 14, 2011. 7. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. PEDC minutes (1-12-2011) b. Planning and Zoning minutes (1-3-2011) c. Paris Historic Preservation Commission minutes (1-24-2011) d. Paris Public Library Advisory Board minutes (1-19-2011) 8. Deliberate on January monthly financial report. 9. Deliberate on drainage ditch maintenance report. Regular Agenda A Motion to move items 15 and 16 forward was made by Council Member Rhonda Rogers and seconded by Council Member Wright. Motion carried, 5 ayes - 0 nays. 15. Convene into Executive Session: a. Pursuant to Section 551.087 of the Texas Government Code to (1) discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). b. Pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease or value of real property. c. Pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice form the City Attorney about pending ar 3 Regular Council Meeting February 28, 2011 Page 3 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, to-wit: Ceclia Kane vs. Paris-Lamar County Health Department of Paris, Texas, et al, Civil Action No. 4: l OCV281. Mayor Biard convened City Council into Executive Session at 5:38 p.m. 16. Reconvene into open session to deliberate and possibly act on matters discussed in Executive Session. Mayor Biard reconvened City Council into open session at 6:20 p.m. A Motion to accept the proposed settlement on the Ceclia Kane vs. Paris-Lamar County Health Department issue was made by Council Member Rhonda Rogers and seconded by Council Member Brown. Motion carried, 5 ayes - 0 nays. A Motion to move item 12 forward was made by Council Member Brown and seconded by Council Member Rhonda Rogers. Motion carried, 5 ayes - 0 nays. 12. Deliberate on Paris Economic Development Corporation's 2010-11 Plan of Work/Quarterly Report. PEDC Director introduced Economic Consultant Rickey Hayes. Mr. Hayes gave a presentation regarding economic development possibilities for the City of Paris. Council Member Pickle left the meeting at 6:30 p.m. A Motion to move item 13 forward was made by Council Member Rhonda Rogers and seconded by Council Member Brown. Motion carried, 4 ayes - 0 nays. 13. Deliberate and possibly act on RESOLUTION NO. 2011-016: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND RED RIVER VALLEY VETERANS' MEMORIAL INC. FOR A.9022 ACRE TRACT OF LAND OUT OF THE GEORGE W. COX SURVEY, ABSTRACT NO. 164, CITY OF PARIS, LAMAR COUNTY, TEXAS; AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; 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 Rhonda Rogers and seconded by Council Member Wright. Motion carried, 4 ayes - 0 nays. ~ Regular Council Meeting February 28, 2011 Page 4 10. Public hearing, first reading, deliberate and possibly act on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED TO REZONE LOTS 5& 6, BLOCK 1, SMITH'S 2ND ADDITION TO THE CITY OF PARIS, LAMAR COUNTY, TEXAS, ALSO KNOWN AS 165 WEST CENTER STREET, FROM LIGHT INDUSTRIAL DISTRICT (LI) TO A PUBLIC LANDS AND INSTITUTION DISTRICT (PLI) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Biard opened the public hearing and asked for anyone wishing to speak in favor of this item, to please come forward. City Engineer Shawn Napier spoke in support of this item, citing that the City wished to convert the building into the City warehouse. Mayor Biard asked for anyone wishing to speak in opposition of this item, to please come forward. With no one else speaking, Mayor Biard closed the public hearing. This item was re-scheduled far the March 14th meeting, because a quorum of the City Council was not present and action could not be taken. 11. Presentation of the annual report on racial profiling policy. In absence of Dr. Eric Fritsch from the University of North Texas at Denton, Chief Hundley presented the report written by Mr. Fritsch. In summary, the report reflected that the Paris Police Department was fully in compliance with State Laws that relate to racial profiling and based on the analysis performed Dr. Fritsch and Dr. Trulson, there was no evidence of racial profiling within the Paris Police Department. 14. Deliberate on an amendment to Section 21-7 Limitation on Burials, of the Code of Ordinances and provide direction to staff. Mayor Biard said that one of the cemetery associations had requested that the City amend this ordinance to mirror State Law. Mayor Biard asked that staff bring an ordinance to the next City Council meeting for a second reading and action. 17. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Rhonda Rogers said there was an upcoming ribbon cutting for St. Paul's Academy. 5 Regular Council Meeting February 28, 2011 Page 5 18. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Brown and was seconded by Council Member Wright. Motion carried, 4 ayes - 0 nays. The meeting was adjourned at 6:46 p.m. WILL BIARD, MAYOR JANICE ELLIS, CITY CLERK 6