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05/2010MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 4, 2010 The City Council of the City of Paris met for a joint special session with Paris Economic Development Corporation at 11:30 a.m. on Tuesday, May 4, 2010, at the Chamber of Commerce Community Room, 1125 Bonham Street, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; Stephen Brown; Edwin Pickle; and Rhonda Rogers City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; and Janice Ellis, City Clerk Absent: Council Members Kevin Kear and Will Biard Present: PEDC Members Dan Smith; Rick Poston; Chad Brown; Pike Burkhart, Sr.; and John Wright PEDC Staff Steve Gilbert, Executive Director; Shannon Barrentine, Community Development Specialist; and Rachel Schory, Economic Development Specialist 1. Call meeting to order. Mayor Freelen and PEDC President Dan Smith called the meeting to order at 11:38 a.m. A Motion to recess for lunch was made by Chad Brown and seconded by Pike Purkhart. Motion carried. The City Council and PEDC Board recessed at 11:39 a.m. and reconvened at 11:58 a.m. Also present were Chuck Superville, County Judge; Kenney Dority, Chamber President; Mindy Moree, Executive Director of the Chamber; Kay O'Dell, Executive Director for Northeast Texas Workforce Commission; Mark Homer, State Representative; and Blake Lewis, CEO of Lewis Public Relations Firm. 2. Convene into Executive Session pursuant to Section 551.087 of the Texas Government Code, as follows: (1) To 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 1 Regular Council Meeting 11 May 4, 2010 Page 2 and with which the governmental body is conducting economic development negotiations. (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1) above. The City Council and PEDC Board jointly convened into Executive Session at 11:59 a.m. 3. Reconvene into open session to possibly deliberate or act on those matters discussed in Executive Session. The City Council and PEDC Board jointly reconvened into open session at 1:27 p.m. Subject to on -going Paris facility operations, a Motion that PEDC guarantee up to $250,000.00 for the benefit of Turner Industries' Paris facility for Skills Development training previously committed by Texas Workforce Commission implemented by Paris Junior College was made by Pike Burkhart and seconded by Dan Smith. Motion carried unanimously. A Motion to direct the PEDC Executive Director Steve Gilbert, to collaboratively lead a community response to show PEDC support of Turner Industries was made by Dan Smith and seconded by Chad Brad. Motion carried unanimously. 4. Adj ournment. There being no further business, a Motion to adjourn PEDC was made by Chad Brown and was seconded by Pike Burkhart. Motion carried unanimously. A Motion to adjourn was made by Council Member Rogers and seconded by Council Member Pickle. Motion carried unanimously. The meeting was adjourned at 1:38 p.m. WILL BIARD, MAYOR Q2o J ICE ELLIS, CITY CLERK {. X11.3 MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 10, 2010 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, May 10, 2010, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; Kevin Kear; Stephen Brown; Will Biard; Edwin Pickle; and Rhonda Rogers City Staff. Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; Priscilla McAnally, Library Director; and Steven McFadden, Interim Public Works Director Opening Agenda 1. Call meeting to order. Mayor Freelen called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Bob Bush gave the invocation. 3. Pledge of Allegiance. Council Member Kear led the pledge. 4. Citizens' forum. James Price, 1230 Shiloh — he invited everyone to the NAACP meeting on Thursday, May 13d' at 5:00 p.m. Karl Mitchell, 720 6" S.E. — he said he was the person that filed an EEOC claim against Turner Pipe and he spoke in opposition of the Resolution supporting Turner Pipe. Kenneth Springer, P.O. Box 1522 — he said that he worked at Turner Pipe and that the general feeling at Turner Pipe was there was no discrimination. He spoke in support of the Resolution for Turner Pipe. 11-.4 Ryan Ballard, 1234 CR 1436 — he reiterated Kenneth Springer. Consent Agenda Regular Council Meeting May 10, 2010 Page 2 Mayor Freelen inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. There were none. Council Member McCarthy made a Motion to approve the Consent Agenda and Council Member Kear seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Items 5 and 6. 5. Deliberate and act on the approval of minutes from the meetings on April 22, 2010 and April 26, 2010. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Fire and Building Code Review Committee minutes (2 -9 -2010; 4 -13 -2010) b. Paris Visitors and Convention Council minutes (11 -19 -2010) c. Traffic Commission minutes (3 -2 -2010) d. Planning and Zoning Commission minutes (4 -5 -2010) Regular Agenda 7. Deliberate and act on a curb and gutter variance request and the master, preliminary, and final plats of Lot 2, Block A, Enns Addition Phase II, located at 2250 301i Street N.W. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 7 ayes — 0 nays. 8. Deliberate and act on the Final Plat of Lot 1, Block A, The Temple of Deliverance Church Addition CB53, located in the 500 Block of Graham. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Brown. Motion carried, 7 ayes — 0 nays. 9. First reading, deliberate and act on ORDINANCE NO. 2010 -017: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31 -65 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; REMOVING THE NO PARKING AREA ON THE EAST SIDE OF 2ND STREET SW BETWEEN KAUFMAN AND AUSTIN STREETS; ESTABLISHING A NO PARKING AREA ON THE WEST SIDE OF 2ND STREET SW GOING SOUTH FROM THE SOUTH BOUNDARY LINE OF KAUFMAN STREET TO THE NORTH BOUNDARY LINE OF AUSTIN STREET; MAKING OTHER FINDINGS Regular Council Meeting 1.1:5 May 10, 201Q_ a i Page AND PROVISIONS RELEATED TO THE SUBJECT; PROVIDING FOR A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Rogers expressed concern about the no parking zone on the east side of the street, in that there would not be ample parking. Chief Hundley said that issue was discussed during the Traffic Commission meeting. Chief Hundley suggested they remove the no parking zone from the east side of the street. Subject to the changes being made to reflect that the no parking zone will be removed from the east side and that there will be a no parking zone established on the west side of 2nd Street SW going south from the south boundary line of Kaufinan Street to the north boundary line of Austin Street, a Motion to invoke the super majority rule and approve this item was made by Council Member Biard and seconded by Council. Member Rogers. Motion carried, 7 ayes — 0 nays. 10. Deliberate and act RESOLUTION NO. 2010 -055: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE ARK -TEX COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF PARIS IN ALL MATTERS RELATED TO THE APPLICATION; PLEDGING THAT IF A GRANT IS RECEIVED, THE CITY OF PARIS WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE ARK -TEX COUNCIL OF GOVERNMENTS, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, AND THE STATE OF TEXAS; 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 Rogers and seconded by Council Member McCarthy. Motion carried, 7 ayes — 0 nays. 11. Deliberate and act on a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE FURNISHING AND DELIVERY OF LABOR, MATERIALS, AND EQUIPMENT AND FOR PERFORMING ALL WORK REQUIRED FOR THE APPLICATION OF HERBICIDE ON CITY OF PARIS PROPERTY TO EDKO, LLC, THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Brown expressed dissatisfaction about the bidding specs and using a contractor outside the City. Bill Lorranger explained that Proturf did not submit the required documentation according to the bid specifications. City Attorney Kent Mcllyar advised the City 1.16 Regular Council Meeting May 10, 2010 Page 4 Council that when you put out bid specifications, that you could not award the bid to a non- qualifier, but that you could reject all bids and re -bid it. A Motion to reject all bids and have a City licensed staff member perform the spraying through the summer season, hire a temporary person to help in the Parks Department and address this issue at budget time was made by Council Member Pickle and seconded by Council Member Rogers. Motion carried, 6 ayes — 1 nay, with Council Member Brown casting the dissenting vote. 12. Deliberate and act on RESOLUTION NO. 2010 -056: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, STATING STRONG SUPPORT FOR THE SIGNIFICANT ROLE THAT TURNER INDUSTRIES' PARIS, TEXAS, OPERATIONS PLAY IN THE SOCIAL AND ECONOMIC VITALITY OF THE REGION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Subject to a paragraph being added to read as follows: "WHEREAS, the City of Paris and our community does not tolerate or approve of racism, discrimination or harassment in any form," a Motion to approve this item was made by Council Member Rogers and seconded by Council. Member Brown. Motion carried, 7 ayes — 0 nays. 13. First reading, deliberate and possibly act on ORDINANCE NO. 2010 -018: AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF PARIS, TEXAS APPROVING AND ADOPTING A CODE OF ETHICS AND CONDUCT FOR CITY COUNCIL, EMPLOYEES, BOARDS, COMMISSIONS, AND COMMITTEES BY AMENDING CHAPTER 2, ADMINISTRATION OF THE CODE OF ORDINANCES OF THE CITY OF PARIS BY RENAMING ARTICLE IX, CODE OF ETHICS AND CONDUCT FOR CITY COUNCIL, EMPLOYEES, BOARDS, COMMISSIONS AND COMMITTEES, AND BY ADDING SECTIONS 2 -300 THROUGH 2 -308; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council Member McCarthy and seconded by Council Member Biard. Motion carried, 7 ayes — 0 nays. Subject to the changes listed below, a Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Brown. Motion carried, 7 ayes — 0 nays. Sec. 2 -302 (b) — the word employee is to be deleted. In the fourth sentence, the word "or" is to be added between admonishment and censure. The sentence will end with the word "censure." 1117 Regular Council Meeting z May 10, 2010 -> Page 5 Sec. 2 -303 (a)(3) — in the first sentence, the word "disclose" will be deleted and after the word "Knowingly" the words " make an unauthorized disclosure of any confidential information other than " will be added. Sec. 2 -303 (13)(c) — at the end of the last sentence a period needs to be inserted. Sec. 2 -304 (b) — in the third sentence, beginning with the word "such" through the seventh sentence, including the word "but" will be deleted. Sec. 2 -304 (c) — $2,500.00 will be changed to $5,000.00. City Attorney Kent McIlyar said he wanted to review the proposed revisions to snake sure they work with the remaining sections and that they comply with State law. 14. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. None were referenced. 15. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Biard. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:00 p.m. WILL BIARD, MAYOR NICE ELLIS, CITY CLERK 11 -18 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 18, 2010 The City Council of the City of Paris met for a special session at 5:30 p.m. on Tuesday, May 18, 2010, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; Kevin Kear; Stephen Brown; Will Biard; Edwin Pickle; and Rhonda Rogers City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief, and Ronnie Grooms, Fire Chief Opening Agenda 1. Call meeting to order. Mayor Freelen called the meeting to order at 5:30 p.m. 2. Invocation. Reverend James Price gave the invocation. 3. Pledge of Allegiance. Council Member Kear led the pledge. Regular Agenda 4. Deliberate and act on RESOLUTION NO. 2010 -057: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CANVASSING THE RETURNS FOR THE MAY 8, 2010, GENERAL ELECTION FOR COUNCIL DISTRICTS 2 AND 6; DECLARING THE WINNERS IN SAID ELECTION ; ACKNOWLEDGING THE RESULTS OF PRIOR COUNCIL ACTION DECLARING CANDIDATES AS ELECTED TO OFFICE FOR COUNCIL DISTRICTS 1 AND 3 AS A RESULT OF HAVING BEEN UNOPPOSED FOR ELECTION TO OFFICE; DECLARING THE TERMS OF OFFICE FOR THE AFORESAID CANDIDATES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 1119 Special Council Meeting May 18,20-10 Page 2 City Clerk Janice Ellis said that Ordinance Number 2020 -013 approved by City Council on April 12, 2010, declared unopposed candidates Joe McCarthy as the elected Council Member in City Council District 1 and John Wright as the elected Council Member in Council District 3. Ms. Ellis gave the results of the general election held on May 8, 2010, as follows: In District 2, Kevin Kear received 3 votes during early voting, 2 votes on election day, totaling 5 votes; Jason Rogers received 15 votes during early voting, 20 votes on election day, totaling 35 votes; and Jackie Stinson received 5 votes during early voting, 2 votes on election day, totaling 7 votes. Jason Rogers was declared the winner in District 2. In District 6, John Petersen received 12 votes during early voting, 6 votes on election day, totaling 18 votes; and Edwin Pickle received 38 votes during early voting, 42 votes on election day, totaling 80 votes. Edwin Pickle was declared the winner in District 6. A Motion to approve the Resolution was made by Council Member Biard and seconded by Council Member Kear. Motion carried, 7 ayes — 0 nays. 5. Recognition of outgoing Council Members for their service. On behalf of staff, City Council and the citizens of the City of Paris, Mayor Pro Tem McCarthy publically thanked Mayor Freelen and Council Member Kear for their service while serving on Council. Mayor Pro Tem McCarthy presented Mayor Freelen and Council Member Kear with plaques. 6. Issuance of Certificate of Election; Administer Statement of Elected Officer to Council Members; and Administer Oath of Office to newly elected Council Members. Ms. Ellis issued the certificates of election; administered the statement of elected officer and administered the oaths of office to Council Member Joe McCarthy, Council Member Jason Rogers, Council Member John Wright, and Council Member Edwin Pickle. 7. Election by City Council of Mayor and Mayor Pro Tem to serve the City of Paris the next year. Mayor Pro Tem McCarthy asked for nominations for Mayor. A Motion to elect Will Biard as Mayor was made by Council Member Pickle and seconded by Council Member Brown. A Motion to elect Joe McCarty as Mayor was made by Council Member Rhonda Rogers and seconded by Council Member Jason Rogers. Mayor Pro Tem asked for a vote on the nomination of Will Biard as Mayor. 'r Special Council Meeting 1 ��� May 18P2g0e0 Motion carried 4 ayes — 3 nays, with Council Members Rhonda Rogers, Jason Rogers and Joe McCarthy casting the dissenting votes. Mayor Biard asked for nominations for Mayor Pro -Tem. A Motion to elect Rhonda Rogers as Mayor Pro -Tem was made by Council Member McCarthy. Motion died for lack of a second. A Motion to elect Joe McCarthy as Mayor Pro -Tem was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 7 ayes — 0 nays. 8. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member McCarthy. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 5:50 p.m. WILL BIARD, MAYOR (It"tto W241=0 J ICE ELLIS, CITY CLERK 1121 MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 24, 2010 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, May 24, 2010, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Will Biard Council Members: Joe McCarthy; Jason Rogers; John Wright; Stephen Brown; Edwin Pickle; and Rhonda Rogers City Staff: Kevin Carruth, City Manager; Kent Mcllyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; Gene Anderson, Finance Director; and Steven McFadden, Interim Public Works Director Opening Ap-enda 1. Call meeting to order. Mayor Biard called the meeting to order at 5:30 p.m. 2. Invocation. Pastor John Kelley gave the invocation. 3. Pledge of Allegiance. Council Member Rhonda Rogers led the pledge. 4. Citizens' forum. No one spoke. Consent Agenda Mayor Biard inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Rhonda Rogers asked that item 8 be pulled for discussion. Council Members Brown and McCarthy both said they had questions about item 7. Finance Director Gene Anderson answered question pertaining to both items. t Regular Council Meeting May 24, 2010 Page 2 Council Member Pickle made a Motion to approve the Consent Agenda and Council Member McCarthy seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7, 8 and 9. 5. Deliberate and act on the approval of minutes from the meeting on May 4, 2010. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Economic Development Corporation minutes (April 13, 2010 and May 4, 2010) b. Fire and Building Code Review Committee minutes from the meeting on April 27, 2010. 7. Deliberate on April monthly financial report. 8. Deliberate and act on RESOLUTION NO. 2010 -058: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING A CONTRACT WITH G &K SERVICES FOR FURNISHING AND SERVICING EMPLOYEE UNIFORMS FOR VARIOUS CITY DEPARTMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 9. Deliberate and act on RESOLUTION NO. 2010 -059: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING RESOLUTION NO. 2010 -045 WHICH AUTHORIZED AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR A 2009 HOMEBUYER ASSISTANCE PRORAM GRANT, HOME(ADDI) AWARD BY ADDING THE NAME OF THE CITY MANAGER TO SECTION 3 OF THE RESOLUTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Agenda 10. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2010-019: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS AS SET FORTH HEREIN; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. 1123 Regular Council Meeting May 24, 2010 Page 3 Mayor Biard opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Biard closed the public hearing. A Motion to invoke the super majority rule was made by Council Member McCarthy and seconded by Council Member Brown. Motion carried, 7 ayes — 0 nays. _ A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes — 0 nays. 1. 1. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2010-020: 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 7, CITY BLOCK 296, 3195 LAMAR AVENUE, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD -a) RETAIL SHOPPING CENTER TO AN OFFICE DISTRICT (0); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. Mayor Biard opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Biard closed the public hearing. A Motion to invoke the super majority rule was made by Council Member Brown and seconded by Council Member McCarthy. Motion carried, 7 ayes — 0 nays. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Rhonda Rogers. Motion. carried, 7 ayes — 0 nays. 12. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2010 -021: 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 5, CITY BLOCK 285, 3140 LAMAR AVENUE, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD -a) RETAIL SHOPPING CENTER TO AN OFFICE DISTRICT (0); DIRECTING A CHANGE ACCORDINGLY IN THE 1124 Regular Council Meeting May 24, 2010 Page 4 OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. Mayor Biard opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Biard closed the public hearing. A Motion to invoke the super majority rule was made by Council Member Brown and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes — 0 nays. 13. Deliberate and act on RESOLUTION NO. 2010 -060: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE GROUNDS SUBLEASE BETWEEN THE RED RIVER VALLEY FAIR ASSOCIATION AND THE AMERICAN LEGION POST #199 OF DEPORT, TEXAS, TO CONDUCT BINGO OPERATIONS AT THE BIG TIME BINGO BUILDING, 1875 FITZHUGH, PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUJECT; AND PROVIDING AN EFFECTIVE DATE. Subject to the correct contract being attached to the Resolution, a Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 14. Deliberate and act on RESOLUTION NO. 2010 -061: A RESOLUTION OF THE CITY OF PARIS, TEXAS, APPROVING THE GROUNDS SUBLEASE BETWEEN THE RED RIVER VALLEY FAIR ASSOCIATION AND THE HOPEWELL VOLUNTEER FIRE DEPARTMENT TO CONDUCT BINGO OPERATIONS AT THE BIG TIME BINGO BUILDING, 1875 FITZHUGH DRIVE, PARIS, TEXAS; 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 Pickle and seconded by Council Member Brown. Motion carried, 7 ayes — 0 nays. 15. Deliberate and act on RESOLUTION NO. 2010 -062: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ACCEPTING A PROPOSAL FOR ARCHITECTURAL SERVICES FROM DENNEY ARCHITECTS 1125 Regular Council Meeting May 24, 2010 Page 5 FOR FACAD RESTORATION OF THE GRAND THEATRE FOR THE CITY OF PARIS; 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 was seconded by Council Member Brown. Motion carried, 7 ayes — 0 nays. 16. First reading, deliberate and possibly act on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE I OF CHAPTER 7, BUILDINGS AND REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, BY ADDING SECTION 7 -3, THIRD PARTY PLAN REVIEW AND INSPECTION; AND AMENDING ARTICLE II, BUILDING, CODE, SECTION 7 -19, PERMIT FEES ESTABLISHING PERMIT FEES REQUIRED BY THE BUILDING CODE; 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. Council Member Rhonda Rogers inquired as to whether or not this would deter growth in the City. Shawn Napier explained the fees would be charged on commercial projects, with the exception of swimming pools. Council Member Brown said he was not in favor of the taxpayer subsidizing these fees. Council Member Pickle asked that they place this on the next Agenda for the second reading. It was a consensus of the City Council to do so. _ 17. First reading, deliberate and possibly act on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE IV OF CHAPTER 12, FIRE PREVENTION AND PROTECTION OF THE CODE OF ORDINANCE OF THE CITY OF PARIS, TEXAS, BY AMENDING SECTION 1.2 -89 PERMIT FEES; ESTABLISHING PERMIT FEES REQUIRED BY THE FIRE CODE; 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. Council Member Pickle asked that this item first go to the Fire and Building Code Review Committee for review. A Motion to table this item was made by Council Member McCarthy and seconded by Council Member Brown. Motion carried, 7 ayes — 0 nays. 18. 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 1126 Regular Council Meeting May 24, 2010 Page 6 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: a. To receive Attorney advice regarding Cecelia Kane vs. City of Paris, Paris -Lamar County Health Department, et al; Cause No. 79366; 62nd Judicial District Court, Lamar County, Texas. Following a break at 6:10 p.m., Mayor Biard recessed City Council into executive session at 6:15 p.m. At 6:27 p.m. Council Member Pickle left the meeting. 19. Reconvene into Open Session. Mayor Biard reconvened City Council into open session at 6:32 p.m. 20. Consider and approve and future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Mayor Biard explained to the new Council Members that this item'required them to seek approval if they wished to be reimbursed for training and/or related travel for City business. Kevin Carruth reminded everyone of the Rural -Urban Dinner that was taking place on Thursday, May 27'h at 5:30 at the Roxton High School. Mr. Carruth said that the dinner had been posted, which would allow the entire Council to attend. 21. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Brown and was seconded by Council Member Wri Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 6:37 p.m. n WILL BIARD, MAYOR '4J10E"ESLILIS, CITY CLERK