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05-Approval of minutes from 4/11/11- 4/14/11 CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 04/18/2011 Council Date: City Clerk Janice Ellis 5. 04/25/2011 RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meetings of April 11, 2011 and April 14, 2011. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meetings 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 ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS April 11, 2011 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, April 11, 2011, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor Pro-Tem: Joe McCarthy Council Members: Jason Rogers; John Wright; Stephen Brown; Edwin Pickle; and Rhonda Rogers City Staff: Gene Anderson, Interim City Manager/Finance Director; Kent Mcllyar, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Ronnie, Grooms Fire Chief, Shawn Napier, City Engineer; and Steve McFadden, Interim Public Works Director Absent: Mayor: Will Biard Opening Agenda 1. Call meeting to order. Mayor Pro-Tem McCarthy called the meeting to order at 5:34 p.m. 2. Invocation. Pastor Van Lazaroff gave the invocation. 3. Pledge of Allegiance. Mayor Pro-Tem McCarthy led the pledge. 4. Citizens' forum. Kevin Carruth, 3930 Alpine - Mr. Carruth addressed item 19 on the Agenda. Mr. Carruth said it was his understanding that the Council was contemplating not paying the full amount of the lump sum to him as agreed in the separation agreement. He said it would be illegal for City Council not to pay him, as well they would be breaking their word. 2 Regular Council Meeting April 11, 2011 Page 2 5. Public Announcements. a. Proclamation declaring April as Autism Awareness Month. Mayor Pro-Tem McCarthy read the proclamation and presented it to Dr. Anderson. Dr. Anderson expressed her appreciation. Consent Agenda Mayor Pro-Tem McCarthy 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 Rhonda Rogers and seconded by Council Member Pickle. The Council voted six (6) for and none (0) opposed to approve and adopt Consent Agenda Items 6 and 7. 6. Deliberate and act on the approval of minutes from the meeting on March 28, 2011. 7. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Building and Standards Commission minutes (2-21-2011) b. Board of Adjustment minutes (3-1-2011) c. Paris Economic Development Corporation minutes (2-8-2011) d. Paris Historic Preservation Commission minutes (3-9-2011) Retiular Agenda 8. Deliberate and act on the Final Plat of Lot 1, Block A, Loop 286 GBB Addition, located at 2015 Loop 286 N.E. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Wright. Motion carried, 6 ayes - 0 nays. 9. Deliberate and act on the Re-plat of Lot 7, Block A, Townwood Estates #1, located in the 1000 Block of Cannon Place. City Engineer Shawn Napier said that the owner had requested the re-plat be pulled from the City Council Agenda, because the sale of one of the lots was not completed. Mr. Napier recommended denial of this item. A Motion to deny this item was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. Regular Council Meeting April 11, 2011 Page 3 10. Deliberate and act on the Re-plat of Lot 4-A, Block A, Morningside North #1, located at 30-42nd Street S.E. A Motion to approve this item was made by Council Member Rhonda Rogers and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 11. Deliberate and possibly act on RESOLUTION NO. 2011-035: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING AND APPROVING A NEW SECTION 2 - EQUAL OPPORTUNITY & HARASSMENT POLICY TO THE CITY OF PARIS' PERSONNEL POLICIES AND PROCEDURES MANUAL TO ADDRESS ALL FORMS OF UNLAWFUL HARASSMENT IN THE WORKPLACE AND TO ADOPT PROCEDURES TO IMPLEMENT THIS POLICY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. It was a consensus of the City Council that the new policy would become effective July 1, 2011. A Motion to approve this item was made by Council Member Jason Rogers and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 12. Deliberate and possibly act on RESOLUTION NO. 2011-036: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A JOINT ELECTION AGREEMENT BETWEEN THE PARIS INDEPENDENT SCHOOL DISTRICT AND THE CITY OF PARIS TO SHARE COMMON POLLING PLACES FOR THE MAY 14, 2011 ELECTION; 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 Pickle and seconded by Council Member Rhonda Rogers. Motion carried, 6 ayes - 0 nays. 13. First reading, deliberate and possibly act on ORDINANCE NO. 2011-007: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, DECLARING AN UNOPPOSED CANDIDATE IN CITY COUNCIL DISTRICT 5 FOR THE MAY 14, 2011, GENERAL ELECTION BE ELECTED TO OFFICE; DETERMINING THAT NO GENERAL ELECTION BE HELD IN DISTRICT 5; DIRECTING THAT A COPY OF THIS ORDINANCE BE POSTED AT THE APPROPRIATE POLLING PLACE; DIRECTING THAT A CERTIFICATE OF ELECTION BE ISSUED TO THE UNOPPOSED CANDIDATE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 4 Regular Council Meeting April 11, 2011 Page 4 A Motion to invoke the super majority rule was made by Council Member Wright and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. A Motion to approve this item was made by Council Member Rhonda Rogers and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 14. Deliberate on participating in a joint diversity training project with PEDC and Texas Workforce Commission. PEDC Director Steve Gilbert said that PEDC and Northeast Texas Workforce Commission had been working on a project together and invited the City to find a way to participate. Mr. Gilbert said the community came together during the Turner Pipe crisis. He also said that the community needed to be more pro-active, because the things that happen in the community can have a negative effect on industries and jobs. He said one of the ideas that were brought forward during the PEDC Plan of Work was to undertake a diversity leadership summit. Mr. Gilbert stated that it was important for companies of all sizes to be pro-active in diversity, and that small companies did not have the resources for training. Mr. Gilbert said they had also talked about putting together a youth summit and bring in some motivational folks to educate the young people. Mr. Gilbert said he subsequently talked to Workforce Solutions and they liked the idea. He also said approximately eighteen months ago Workforce Solutions, PEDC, and the Industrial Managers developed a video training program titled "Workforce Recruits." Mr. Gilbert said the idea is to put money together and work together. He said PEDC and the Workforce Commission Directors staff discussed this and developed an RFP. Mr. Gilbert said that on April 14, 2011 at 3:00 at the Depot Community Room, that PEDC was going to conduct a joint meeting with the City Council. He said that the Workforce Review Committee and the three bidders would be at the meeting to make presentations about their proposals. Mr. Gilbert said there were two bidders from Texas, one local and one from Houston in addition to one from the State of Washington. He said he wanted to give Council a head's up and if they had any questions, he would try to answer them. Mr. Gilbert said once a bidder is selected, that they would like to be able to work with the City and look for an opportunity for the City to help put some resources into match the PEDC's resources and the Workforce Solutions' resources. Council Member Jason Rogers asked if there was a limited number that could attend the training. Mr. Gilbert said they were not to that point yet. Mayor Pro Tem McCarthy encouraged City Council to participate. 15. Second reading, deliberate and possibly act on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADDING A NEW CHAPTER 35, WRECKER, TOWING, AND STORAGE FACILITIES TO THE CODE OF ORDINANCES OF THE CITY OF PARIS, REGULATING PROCEDURES AND POLICIES PERTAINING TO THE OPERATION OF WRECKER, TOWING, AND STORAGE FACILITIES IN THE CITY OF PARIS, TEXAS; MAKING THIS ORDINANCE CUMULATIVE OF STATE AND FEDERAL LAWS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE; A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 5 Regular Council Meeting April 11, 2011 Page 5 A Motion to bring this item from the table was made by Council Member Rhonda Rogers and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. Chief Hundley explained that the police department received complaints from insurance adjusters regarding fees charged by wrecker companies. He also said that the police department received complaints from wrecker companies regarding other wrecker companies and their service operations. Chief Hundley stated that this ordinance would regulate wrecker services and the accompanying storage facilities in Paris. Council Member Pickle asked Chief Hundley if he had spoken with the wrecker companies about this ordinance and Chief Hundley said that he had not heard from any of the wrecker company representatives. Council Member Pickle said it appeared that the City of Paris was charging less than other cities. Jerry Pitcock, owner of Pitcock Wreckers, said he did not have a problem with the ordinance, but the State had imposed many regulations on the wrecker companies. He also said that insurance companies would have problems despite what they do. He asked that City Council review the DTR fee schedules. Council Member Pickle suggested they table this item and give the wrecker companies and Chief Hundley time to meet and discuss this ordinance. Mayor Pro-Tem McCarthy asked Council Member Pickle to meet with Chief Hundley and the wrecker companies to review and discuss this ordinance. City Clerk Janice Ellis asked Council when they wanted to reschedule this item and Council Member Pickle said he would notify staff when to place the item back on the Agenda. A Motion to table this item was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 6 ayes - 0 nays. 16. First reading, deliberate and possibly act on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AMENDING CHAPTER 24 ARTICLE 11 SPECIAL EVENTS OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, AND AMENDING CHAPTER 3 ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO PROVIDE NEW RULES AND REGULATIONS FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT AN EVENT REQUIRING A SPECIAL EVENTS PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Gene Anderson said that the Mayor had asked that this item be addressed, because staff had been approached by several different groups seeking permission to sell alcoholic beverages at their special events located on City property. Council Member Wright asked Chief Hundley how it would affect his budget, because off-duty officers would be working the events. Chief Hundley said that the officers would be paid an hourly rate of $25.00, and it would work best if the event holder paid the money directly to the officer instead of going through the police department. Mr. Anderson said that could be arranged. Council Member Brown expressed concern about alcohol being sold where children are present. Council Member 6 Regular Council Meeting April 11, 2011 Page 6 Jason Rogers expressed the same concern. Council Member Rhonda Rogers said the application would have to be made sixty days in advance for the special events and did not think that it would happen on a regular basis. Council Member Rhonda Rogers also said events would attract tourism and bring revenue to the City. 17. Convene into Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about pending or 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. Mayor Pro-Tem McCarthy recessed City Council at 6:42 p.m. for a break and convened City Council into executive session at 6:45p.m. 18. Reconvene into open session and possibly take action on those matters discussed in Executive Session. Mayor Pro-Tem McCarthy reconvened City Council into open session at 7:16 p.m. 19. Deliberate and possibly act on the separation agreement between the City of Paris and former City Manager, Kevin Carruth. Subject to Kevin Carruth executing a Release to the City of Paris acknowledging full and final payment from the City of Paris, a Motion to authorize the City Manager to issue a check in the net amount of $70,486.63 as full and final payment due under the Separation Agreement with the City of Paris was made by Council Member Jason Rogers and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 20. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No events were referenced. 21. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 7:17 p.m. JOE McCARTHY, MAYOR PRO-TEM JANICE ELLIS, CITY CLERK MINUTES OF THE JOINT MEETING OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AND THE PARIS ECONOMIC DEVELOPMENT CORPORATION April 14, 2011 The City Council of the City of Paris, Texas, and the Paris Economic Development Corporation met for a special joint session at 3:00 p.m. on Thursday, April 14, 2011, at the Depot Community Room, 1125 Bonham Street, Paris, Texas. Present: Mayor : Will Biard Council Members: Joe McCarthy; John Wright; Edwin Pickle; and Rhonda Rogers City Staff: Gene Anderson, Interim City Manager/Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; and Shawn Napier, City Engineer Absent: Council Members: Jason Rogers and Stephen Brown Present: PEDC Chairman: Pike Burkhart, Sr. Board Members: Doug Wehrman, Dan Smith, and Rick Poston PEDC Staff: Steve Gilbert and Shannon Barrentine Absent: Board Members: Chad Brown 1. Call meeting to order. Mayor Biard called the City Council meeting to order at 3:08 p.m. Chairman Pike Burkhart called the PEDC meeting to order at 3:08 p.m. and announced that the purpose of the joint meeting was item number 5b. and moved the item forward on the Agenda. Mr. Burkhart said that Council Member Jason Rogers had recused himself, because of a possible conflict. 5. New Business: b. Discussion and possible action regarding Diversity Training RFP bidder presentation. 8 Special Council Meeting April 14, 2011 Page 2 EDC Director Steve Gilbert said they would hear from three companies in response to the RFP's sent out regarding Diversity Training. He further said that each company would have fifteen minutes to do their presentation and in the absence of the other companies. Mr. Gilbert presented everyone with a score sheet to be completed on each company. Those present at the meeting heard from the following: 1) Kenneth Rogers, Sr. and Kenneth Rogers, Jr. from The Right Talent, Inc.; 2) Janet Bashen, Laura Haas, and Ty Ragland from Bashen Corp.; 3) Tracy Brown from Executive Diversity Services. Mr. Gilbert asked everyone to complete their score sheets, so that he could turn them into the Texas Workforce Commission for tabulation. He reported that the Executive Diversity Services was the low bid coming in at a base rate of $59,009; that The Right Talent, Inc. was next coming in with a base bid of $89,000; and that the Bashen Corporation was the high bidder coming in at $245,000, which included a software link. Mr. Gilbert explained that the evaluation team would finish the process and give recommendations to PEDC and the City Council. Chairman Burkhart said he hoped that the Texas Workforce Commission, PEDC, and the City Council could work together to get this project moving forward. City Manager Gene Anderson inquired if the County had been approached and Mr. Burkhart said he did not know the answer. Mr. Anderson asked if there was any reason that the County could not be approached. Mr. Gilbert said there was no reason. Items 2 through 6 were items to be considered by PEDC only. 7. Adjournment. There being no further business of the City Council, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Wright. Motion carried, 5 ayes - 0 nays. The meeting was adjourned at 5:08 p.m. WILL BIARD, MAYOR JANICE ELLIS, CITY CLERK 9