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05 - APPROVE MINUTES FROM COUNCIL MEETING ON 03/09/2015Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS March 9, 2015 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, March 9, 2015, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Matt Frierson Council Members: Richard Grossnickle; Aaron Jenkins; Sue Lancaster; Benny Plata; Edwin Pickle; and A.J. Hashmi City Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Jerry McDaniel, Public Works Director; Bob Hundley, Police Chief, Doug Harris, Utilities Director; Priscilla McAnally, Library Director; and Kent Klinkerman, EMS Director Opening Agenda Call meeting to order. Mayor Frierson called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Jenkins led the pledge. 4. a. Citizens' Forum. Tammy Siegfried, 206 -19th SE. — she said they had recently moved to Paris and had been impressed with city services, but did note a lack of pride in some homeowners as to trash around their homes. She asked that a children -at -play sign be installed at 19th S.E. and Walker Streets. James Price, 1230 Shiloh — he referenced page 5 of the Charter and stated they needed to have a city -wide election to elect the mayor. He said the way the mayor is elected now was a dictatorship and they needed to get rid of the good ole boy system. Sue Lancaster, 1020 Bonham Street — she said at the last City Council meeting she spoke to them about the PEDC, in that people were told unless they were in complete agreement with the PEDC Board, they needed to find something else to do with their time. Mrs. Lancaster said Regular Council Meeting March 9, 2015 Page 2 people do not have to agree with each other all the time. She also said everyone has a right to their opinion with which way this publically funded organization should go. Mrs. Lancaster said public input was needed and should be desired. She said a public forum was needed for this and all other City committees and that true transparency was needed, instead of circumventing the process or hiding the facts. Mrs. Lancaster asked the Council to create an opportunity for every committee or board. She asked for the same transparency from local media. She also said news media was a precious thing and that most of the world does not enjoy freedom of the press. Mrs. Lancaster said the media should not be threatened with a loss of business in order to control the narrative and said she was sorry to report that not only did that happen, but the very sanctity of the church was invaded to achieve a political gain. She said they believed in government and their way of life, and these principals were being threatened with selfish manipulation. Mrs. Lancaster said the city was suffering, the city's growth was being threatened, and the city's resources were being used by a few for their gain. She asked that all Paris citizens get involved and bring the city back on track. b. Recognition of the Paris Police Department for designation of Storm Ready by the National Weather Service. Chief Hundley and Assistant Chief Tuttle explained that the police department was recognized by the National Weather Service as a Storm Ready Community. Assistant Chief Tuttle told the Council this meant Paris was better prepared when severe weather strikes. Consent Agenda Mayor Frierson inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Hashmi asked that items 10 and 11 be pulled for discussion. Council Member Pickle asked that item 6 be pulled for discussion. Council Member Pickle inquired about council liaisons for the Historic Preservation Commission and the Traffic Commission. Mayor Frierson said he was the liaison for HPC and Council Member Jenkins said he was the liaison for the Traffic Commission. Council Member Pickle encouraged Council Members to attend the meetings. With regard to item 10, Council Member Hashmi said he thought the Pounders Firm had done a great job, but favored a two year extension as opposed to a five year extension of the contract. A Motion to approve the consent agenda was made by Council Member Pickle and Council Member Hashmi asked if they could consider item 11 separately. Council Member Pickle amended his Motion to approve the consent agenda with the change of a two year contract for Mr. Pounders and to exclude item 11. The Motion was seconded by Council Member Hashmi. Motion carried, 7 ayes — 0 nays. 5. Approve the minutes from the City Council meeting on February 25, 2015. Regular Council Meeting March 9, 2015 Page 3 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Historic Preservation Commission (1 -14 -2015) b. Traffic Commission (2 -3 -2015) 7. Approve RESOLUTION NO. 2015 -011: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE PRIVATE RE -SALE OF ONE TRACT OF TRUSTEE TAX PROPERTY (EAST PARK ADDITION, BLOCK C, LOT 2) TO MR. ABNER GLOVER FOR $225.00, AUTHORIZING THE MAYOR TO EXECUTE DEEDS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 8. Approve RESOLUTION NO. 2015 -012: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE PRIVATE RE -SALE OF THREE TRACTS OF TRUSTEE TAX PROPERTIES (EAST PARK ADDITION, BLOCK A, LOT 14, AND EAST PARK ADDITION, BLOCK A, LOT 20) TO MR. KEYON MITCHELL FOR $675.00, AND AUTHORIZING THE MAYOR TO EXECUTE DEEDS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 9. Approve RESOLUTION NO. 2015 -013: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE PRIVATE RE -SALE OF SIX TRACTS OF TRUSTEE TAX PROPERTIES (CITY OF PARIS, BLOCK 83, LOT 2 & 2a; CITY OF PARIS, BLOCK 84, LOT 16; CITY OF PARIS, BLOCK 84, LOT 25; CITY OF PARIS, BLOCK 84, LOT 26; CITY OF PARIS, BLOCK 86, LOT 2; AND CITY OF PARIS, BLOCK 100, LOT 4) TO REV. JAMES PRICE FOR $1,800.00, AND AUTHORIZING THE MAYOR TO EXECUTE DEEDS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 10. Approve RESOLUTION NO. 2015 -014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, EXTENDING THE INITIAL TERM OF A SERVICES CONTRACT WITH THE POUNDERS LAW FIRM, PLLC, FOR THE COLLECITON OF DELINQUENT PROPERTY TAXES; MAKING OTHER FINDINGS AND PROVISIONS AND DECLARING AN EFFECTIVE DATE. 11. Approve the Final Plat of Lot 1, Block A, Paris Lakes Medical Center LLC Addition 346, located at 2675 SE 41" Street and approving a Subdivision Improvement Agreement with Developer. Council Member Hashmi thanked Mr. Parker for being at the meeting, and thanked him for starting the project. Council Member Hashmi said as Council Members, they had a responsibility to the City and he had questions of the City Manager and the City Engineer about this item. He questioned Mr. Napier as to why a final plat was being accepted before the entire infrastructure was complete. Mr. Napier said a subdivision agreement allows that step of the Regular Council Meeting March 9, 2015 Page 4 process to be skipped and in this instance, everything would be private except the water line and the agreement was for the water line only. Council Member Hashmi said his question was do they approve final plats normally for most people without infrastructure being complete. Mr. Napier answered that the ordinance allows for this process. Mr. Godwin said there were two different routes and that it was more common to not do it this way. Mr. Godwin said he thought they had only done it twice since he had been at the City. Council Member Hashmi told Mr. Napier that his memo stated the agreement would be provided at the council meeting and then he asked Mr. Napier if the City Attorney received it in advance. Mr. Napier said the City Attorney received it at the same time the City Council received it. Mr. Napier also said it was a standard form which was created in the attorney's office. Council Member Hashmi inquired of Mr. McIlyar if he had read the agreement in detail. Mr. Godwin said Mr. McIlyar had not, but that he was the one who created it. Mr. McIlyar said he created the form and it had been used in prior years and that on this project they were waiting on the details of the project, such as the cost of the infrastructure because that had to be part of the agreement. Council Member Hashmi questioned Mr. Napier why City Council was just now getting it at the last minute when he had a whole week to get it done. Mr. Napier explained that staff had not received all of the information until last week so it could not make it in their packets and in fact, staff was still receiving information on Friday. Council Member Hashmi questioned why the final plat application was accepted when it was incomplete. He expressed concern if they found a problem and they tabled the item that it would be automatically approved in 30 days whether they approved it or not. Council Member Hashmi asked if incomplete final applications were normally accepted. Mr. Napier asked if he was referring to the P &Z memo he wrote and Council Member Hashmi said he was not. Council Member Hashmi asked Mr. Napier when developers applied for a final plat did he accept incomplete applications all the time. Mr. Napier said they did not. Council Member Hashmi inquired why it was accepted this time. Mr. Napier said the subdivision agreement was separate and not actually part of the final plat itself. Council Member Hashmi said he understood that and expressed concern over accepting incomplete applications. He asked Mr. Napier if this process did not put the City at risk because if they found a problem and tabled the item, would it not be automatically approved within thirty days. Mr. Napier said according to State Law, it would be approved thirty days from the date it was submitted if they did not act on it. Mr. Napier said they could approve or deny it, but that tabling it was the same thing as approving it. Council Member Hashmi said that was his point and that if they did not normally accept incomplete applications, why were they just getting the agreement today. He said it was not right for them to accept the application until they had the agreement and that it put the City at risk when accepting the application without the agreement, specifically they had not had a chance to review the agreement. Mr. Napier said the final plat contained everything except the water line and it could be approved that way, because the ordinance allowed it via a subdivision improvement agreement when things could be dedicated to the City such as a water line. Council Member Hashmi told Mr. Napier he understood that but still questioned was why he accepted an incomplete application. Council Member Hashmi said he would like time to review the agreement that they had just received and that he had a couple of more questions. He asked what kind of guarantee the City was getting from the developer that everything was going to be built according to code, specifically referencing if the City took over any of the roads several years from now, he want to make sure everything met standards. Mr. Napier said everything would have to be built to a code, buildings, sewer, roads, etc. and that staff would be Regular Council Meeting March 9, 2015 Page 5 inspecting all of it. Council Member Hashmi said Church Street was supposed to have been inspected by the City as well. He asked Mr. Napier if that was true and Mr. Napier answered in the affirmative. Council Member Hashmi question what happened when the infrastructure was being built on Church Street and questioned. Council Member Hashmi wanted to know why the water line was the only public improvement that was going to be dedicated to the City. Mr. Napier explained because otherwise you would have to have a very large water meter and you would have to pay for every bit of water and it became a cheaper item for the developer. Council Member Hashmi inquired if the roads would be private roads and Mr. Napier answered in the affirmative. Council Member Hashmi said so the police department would not be patrolling. [Ron Parker speaking from the audience — portions inaudible] Mr. Parker questioned Council Member Hashmi if he had a conflict discussing this item, because he worked for a local hospital and was trying to purchase another hospital. Council Member Hashmi said he did not have a conflict, in that the hospital he was acquiring was in a different city and that he did not work for Steve Grubbs, CEO of the local hospital. Council Member Hashmi said he had a few more questions. He asked if there was a bank guarantee required for infrastructure or a cashiers' check required. Mr. Godwin said a letter of credit was required and also bonds required as the process proceeded. Council Member Hashmi inquired if the City had those documents. Mr. Godwin said no, because they had not started any work but those documents would be required before any work began. Council Member Hashmi asked if once the final plat was approved could they begin the work. Mr. Godwin said no, because with this type of plat an agreement was required and the agreement required them to do all of the financial things and that was what protects the city, because the final plat is being approved early. Council Member Hashmi asked Mr. Napier if he had reviewed the water drainage and the flood zones and if everything was correct. Mr. Napier said none of the first phase was in the flood zone but that the plan did show a possible parking lot in the flood zone and that would be addressed at the time they got to that phase. Council Member Hashmi said he thought the City Attorney should be given time to review this contract prior to Council approving the final plat. Mayor Frierson asked the City Attorney if this was boiler plat contract and Mr. Mcllyar answered in the affirmative. Mr. Mcllyar said in this situation he was familiar with contract, because it was generated from his office, but the City needed to get the financial security prior to work commencing. He also said the financial security is what guarantees those water lines are going to be completed according to Code. Mr. Godwin said Mr. Mcllyar was familiar with the contract. Council Member Hashmi said he understood, but was still unclear as to why the City would accept an incomplete application and he thought the attorney should be given time to review the completed contract. A Motion to approve agenda item 11 was made by Council Member Pickle and seconded by Council Member Plata. Motion carried, 5 ayes — 2 nays, with Council Member Hashmi and Council Lancaster casting the dissenting votes. Regular Agenda 12. Receive annual report from Paris Economic Development Corporation. Regular Council Meeting March 9, 2015 Page 6 Interim Executive Director Shannon Barrentine presented a month -by -month of the Plan of Work for 2013 -14. Council Member Hashmi confirmed that the PEDC was not reimbursed for the $46,000 loan to the algae company. PEDC Board Member Don Wilson presented charts outlining and comparing manufacturing job facts for the second quarters of years 2012 and 2014, comparing Paris to nine other cities. Specifically, Mr. Wilson pointed out the chart reflected Paris had the highest increase in net change between 2012 and 2014 for payroll. He explained they were trying to figure out how PEDC was doing in comparison to other cities, because they needed a bench mark. Council Member Hashmi asked if the jobs were full -time and Mr. Wilson said yes, on the 12th of the month each month is when that was reported. Council Member Hashmi asked about the trend prior to 2012. Mr. Wilson said the web -site only went back two years, because it was currently under construction but when it is available again, they should be able to get statistical information for the last ten years. PEDC Board Chair Steve Grubbs presented the projected cash flow and prospect support over the last four years. As Board Members, Council Member Hashmi asked for suggestions to increase the current manufacturing and industries located in Paris. Mr. Wilson said more job training needed to be provided in order to yield a better work force. He said there was an EB5 Industry coming to town and they needed a site ready building. Mr. Wilson also said economic incentives made companies understand that the community was behind them. He also said tax abatements were important and that the taxing entities played a bigger role with abatements than did the PEDC. 13. Discuss, conduct a public hearing and act on ORDINANCE NO. 2015 -004: 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, SO AS TO REZONE LOT 4A, CITY BLOCK 354, BEING LOCATED AT 4100 S.E. LOOP 286, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A NEIGHBORHOOD SERVIC DISTRICT (NS) TO A COMMERCIAL DISTRICT (C); DIRECTING A CHANGE ACCORDINLY 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. Mr. Napier explained the applicant wanted to develop the lot for commercial business, the Planning and Zoning Commission approved the request and staff was recommending the zoning change. Mayor Frierson opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. Don Howell spoke in support of the zoning change. With no one else speaking, Mayor Frierson closed the public hearing. A Motion to approve this item was made by Council Member Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. Regular Council Meeting March 9, 2015 Page 7 14. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2015 -005: 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, SO AS TO REZONE LOT 1, BLOCK A OF THE PARIS LAKES MEDICAL CENTER, LLC ADDITION 346, BEING LOCATED AT 2675 41sT S.E. IN THE CITY OF PARIS, LAMAR COUNTY TEXAS, FROM AN AGRICULTUREAL (A) AND ONE - FAMILY DWELLING DISTRICT (SF -2) TO A COMMERCIAL DISTRICT (C); 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. Mr. Napier explained that Mr. Parker was requesting a change in zoning from an Agricultural and One - Family Dwelling District to a Commercial District and the proposed land use was for a hospital, medical offices, hotel, restaurant, helicopter landing pad and retail shopping area. Mr. Napier said the zonings for all of the proposed property uses fit into either General Retail or Commercial with the exception of the helicopter pad which was only allowed in Commercial zoning. Mr. Napier said staff recommended approval of the zoning change. Council Member Hashmi pointed out that the memo contained two different addresses and confirmed with Mr. Napier that the actual address was 2675 41St Street. S.E. A Motion to approve this item was made by Council Member Hashmi and seconded by Council member Pickle. Motion carried, 7 ayes — 0 nays. 15. Receive presentation from the Main Street Advisory Board about the accomplishments of the Main Street Program. Main Street Coordinator Cheri Bedford said the Main Street Program had a very successful year and was nationally recognized for their program. Mrs. Bedford expressed appreciation to the Board, the volunteers and the community. Mrs. Bedford recognized board members Jill Drake, Missy Starnes, Jerry Coyle, Nancy Waldrum and Becky Semple of the VC &C. The Board gave a presentation that included their various sub - committees and responsibilities, their events, their fundraising efforts that benefit downtown, and their goals and missions. 16. Discuss and possibly act on RESOLUTION NO. 2015 -015: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; ACTING ON THE FINDINGS AND RECOMMENDATIONS OF THE CITY PLANNING AND ZONING COMMISSION PURSUANT TO SEC. 8 -109 OF THE CITY ZONING ORDINANCE REGARDING THE PROPER ZONING CLASSIFICATION FOR A NEW AND UNLISTED USE DESCRIBED AS A FLEA MARKET; MAKING OTHER DETERMINATIONS CONCERNING THE CLASSIFICATION OF SUCH USE; DIRECTING THAT A ZONING ORDINANCE AMENDMENT BE PREPARED AND BROUGHT FORWARD CONSISTENT WITH THIS RESOLUTION; MAKING Regular Council Meeting March 9, 2015 Page 8 OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Napier said Mr. Allen Hughes was in the process of purchasing the Old Rubber and Superior Switchboard properties located on NW Loop 286. He also said Mr. Hughes wanted to clean up the properties and create a flea market similar to Canton, Texas or Traders Village. Mr. Napier said in order to move forward, a new zoning use classification would have to be created for a flea market. Mr. Napier recommended a flea market use be created that would be allowed in Planned Development zoning and Light Industrial zoning with a Specific Use Permit. Council Member Pickle inquired about the Gene's Flea Market and Mr. Napier said it was grandfathered in. Council Member Lancaster inquired if someone else wanted to come to town and put in a flea market could they do the same thing and Mr. Napier said it would have to go through Planning and Zoning, a public hearing would have to be conducted, and it would have to go to the City Council for consideration. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Hashmi. Motion carried, 7 ayes — 0 nays. 17. Discuss and act on ORDINANCE NO. 2015 -006: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AMENDING SECTION 3 -5, CHAPTER 3 ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO ALLOW THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT LAKE CROOK PARK DURING SPECIAL EVENTS WITH APPROPRIATE TABC 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. Mr. Godwin explained that the local VFW wanted to host an April event at Lake Crook Park which would include the sale or consumption of alcoholic beverages. He said the Code of Ordinances prohibited the consumption of any alcoholic beverage on any public property with the City except for the Love Civic Center and Red River Valley Fairgrounds. Mr. Godwin also said that Bud Mackey has requested that the Council amend Chapter 3, Alcoholic Beverage, of the Code of Ordinances to include Lake Crook Park in the list of exemptions. Council Member Hashmi inquired who was responsible for clean -up of the park and if a deposit would be required. Mr. Godwin said the people who rent the facility will be responsible and he was not sure about the deposit. Council Member Hashmi also inquired about safety and liability. Mr. Godwin said a public safety plan would be required and Mr. McIlyar said a certificate of liability insurance would be required as well. A Motion to approve this item was made by Council Member Plata and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. Regular Council Meeting March 9, 2015 Page 9 18. Discuss drainage funding options. A Motion to remove this item from the table was made by Council Member Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. Mr. Godwin said that cities could provide for Public Improvement Districts, which annually assess benefitted properties only and that PIDs were only for infrastructure and are initiated by property owners through a petition process. Council Member Plata wanted to know what happens when a petition is filed and not everyone on the street wants to participate. Mr. Godwin said if more than 60% of the people on the street sign the petition then the PID is created and everyone on the street is assessed a fee. Council Member Hashmi said drainage was a core function and he did not think the citizens should have to provide their own drainage. Mayor Frierson inquired if any bond money would be coming available and Mr. Godwin said there would be three or four million coming up this summer. Council Member Hashmi suggested they talk to residents to get their input and bring suggestions back to the Council. It was a consensus of the City Council to bring this item back in sixty days. 19. Discuss utilities bond projects and provide direction to staff. A Motion to remove this item from the table was made by Council Member Hashmi and seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. Council Member Hashmi said that he had asked that this item be placed on the agenda and was suggesting that the City bid out some smaller projects and those that were more urgent. Council Member Hashmi said that every time the City had done smaller projects they had saved money. Mr. Godwin said they planned to bid out the big project at the end of April, but could take a couple of streets off and bid those separately. He said it would not help with time but might help with the price. Council Member Plata inquired of Mr. Napier his opinion and Mr. Napier said he thought it was a good idea to peel off a small project. Mr. Godwin suggested they pull streets for one small sub - project and include 29th, 30th, 31St, 32nd and 33rd Streets NW between Bonham and Graham plus Bonham between 13th NW and 34th NW. It was a consensus of the City Council for staff to pull off those streets and bid out a small sub - project. 20. Discuss and adopt a policy on Council agenda preparation. Mr. Godwin said that Mayor Frierson asked him to put together a policy and that he had taken some excerpts from the staff policy. He explained that over the last few years there had been amendments to the agenda due to last minute additions. Mr. Godwin said there were times when things would pop up at the last minute or there might be an emergency, but that it was better to get items in advance and for everyone to know what they were going to be discuss prior to the meeting. Mayor Frierson said it staff could be responsible for submitting items in a timely fashion that Council should be able to do the same. Regular Council Meeting March 9, 2015 Page 10 Council Member Pickle said when he was on the Council the first time that Tuesday was the deadline for submitting items and that was a policy they adopted internally. Council Member Pickle said he wanted to make sure they were consistent and if they abided by the policy that staff should also do so. With regard to this item, Council Member Pickle referenced the Paris Lakes agenda item, and said Council should have had that information in their agenda packets and in a timely fashion. He said there were times when they did not get information until the last minute, until they were sitting at the Council meeting. Council Member Hashmi said he thought there should be a policy, and receiving more information in a timely fashion would be good. Council Member Hashmi said he thought that any Council Member should be allowed to place whatever item they want to place on the agenda, because each Council Member represented an individual district. He said he favored a deadline of Wednesday, but it should not be so stringent that Council could not add something when needed or something that was important. He referenced a recent zoning case and said in November and December the Council had fewer meetings, so they may need to get items on an agenda so not to be delayed for four to six weeks. Council Member Hashmi said he thought it was good to provide as much information as possible. He said one of the purposes of having the items on the agenda and posting the agenda was for the public to know what was on the agenda and the law required that to be 72 hours in advance. He said if a Council Member needs to place an item on the agenda that does not require a lot of staff input, that he did not have a problem with placing it on the agenda on Wednesday afternoon and saw no reason why the agenda needs to be posted earlier than 72 hours. Council Member Hashmi said when they get contracts at the last minute, such as the Paris Lakes item, he was very uncomfortable with approving it and that somewhere along the line a mistake would happen. Mr. Godwin agreed that Council needed to have the flexibility to add items after the deadline, but encouraged Council not to literally use the 72 hours as a deadline, because that would be 5:30 p.m. on Friday. Mr. Godwin said the City Clerk normally has the agenda finalized on Thursday, and that would mean that she has to make several changes if receiving additions at the last minute form several Council Members. Mr. Godwin said 96 hours would be better and pointed out there could be a handicapped accessibility issue and if someone needed assistance, they would not be able to let staff know in a certain timeframe as posted on the agenda. Mr. Godwin said if the agenda does not get posted until Friday afternoon then the City has not met that specific requirement and that the agenda really needed to be posted on Thursday. Council Member Pickle said what he did not like to see was a discussion item with no information, because he did not know what they would be discussing. Mayor Frierson said he thought Wednesday was a reasonable accommodation unless there were extenuating circumstances. Mayor Frierson said what he understood that section 4 would be deleted, that the deadline would be changed on item 1. Following additional discussion, it was a consensus for each Council Member to e -mail the City Manager with suggested changes, and that a revised policy be brought back for approval. Regular Council Meeting March 9, 2015 Page 11 21. Convene into Executive Session: • Pursuant to Section 551.072 of the Texas Government Code, to deliberate the purchase, exchange, lease or value of real property. • Pursuant to Section 551.071 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 conflict with this chapter, as follows: 1. Enterprise and Reinvestment Zone 2. Conder /McClelland Complaint Council Member Hashmi said he had an issue with this item that he wanted the City Attorney to address. Council Member Hashmi said with regard to the enterprise and reinvestment zone, there was no mention of a specific contract or company and he wanted to make sure that the advice was going to be only on what was listed; otherwise, he wanted the names to be listed. Mr. Mellyar said if Council Member Hashmi was uncomfortable with the item that he would bring an agenda item back to the next council meeting. Mayor Frierson convened City Council into executive session at 8:14 p.m. excluding the enterprise and reinvestment zone advice item. 22. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Frierson convened City Council into open session at 8:38 p.m. A Motion to have the City Manager negotiate for property for the new EMS Station was made by Council Member Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. A Motion to approve the draft resolution on the Conder/McClelland Complaint was made by Council Member Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 23. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. Nothing was referenced. Regular Council Meeting March 9, 2015 Page 12 24. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 8:39 p.m. MATT FRIERSON, MAYOR JANICE ELLIS, CITY CLERK