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02/2011`. 1248 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS February 14, 2011 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, February 14, 2011, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Will Biard Council Members: Joe McCarthy; 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, and Steve McFadden, Interim Public Works Director Openine Agenda 1. Call meeting to order. Mayor Biard called the meeting to order at 5:32 p.m. 2. Invocation. Minister Lori Hunt gave the invocation. 3. Pledge of Allegiance. Council Member Rhonda Rogers led the pledge. 4. Citizens' forum. Bruce, Carr, 84542"d S.E. — he encouraged City Council to enter into a long -term landfill contract with Sanitation Solutions. Richard Lee, 46 South Main — he said that Sanitation Solutions would be the best option, should the City privatize residential sanitation services. 5. Public Announcements. a. Proclamation recognizing the Paris High School Drumline for their achievements. Regular Council Meeting February 14, 2011 Page 2 Mayor Biard read the proclamation recognizing the Paris High School Drumline for their achievements and publically commended the band members. 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 Rhonda Rogers. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Items 6 & 7. 6. Deliberate and act on the approval of minutes from the meeting on January 24, 2011. 7. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Airport Advisory Board minutes (9 -16 -2010 and 10-21-2010) b. Main Street Advisory Board minutes (11 -16 -2010) c. Paris Historic Preservation Commission minutes (12 -8 -2010 and 1 -12 -2011) d. Civil Service Commission minutes (1 -27 -2011) Regular Agenda 8. Deliberate and act on the Preliminary Plat, Final Plat, and variance request for the improvement of drainage channels of Lots 1, 2 and 3, Block A, Essent PRMC Addition 306 #1, located at 365 DeShong Drive, 1025 DeShong Drive, 2850 Lewis Lane, 2870 Lewis Lane, and 2890 Lewis Lane. City Engineer Shawn Napier recommended approval of the Preliminary Plat and denial of the Final Plat and variance request. Mr. Napier explained that there were two unimproved drainage channels on the hospital property and that a drainage easement was required, because water was flowing from off -site through the hospital property to another off -site property. Mr. Napier said that subdivision regulations required the drainage ditches be improved and that Paris Regional Medical City had requested a variance from having to improve the channels. He also said that the variance request included them from having to show utility easements. Mr. Napier told Council if they denied the variance, they would have to deny the final plat and that PRMC would have to improve the drainage channels or subsequently enter into a subdivision improvement agreement prior to proceeding with their development. Council Member Rhonda Rogers inquired as to what PRMC would have to do next, should Council not approve the variance. Mr. Napier said they would have to come up with a plan to improve the channels before they could obtain a building permit. Council Member Pickle wanted to know if denial of the final plat would slow the project. Mr. Napier said that was a possibility. Regular Council Meeting February 14, 2011 Page 3 A Motion to approve the Preliminary Plat was made by Council Member Brown and seconded by Council Member Wright. Surveyor Jim Nelson addressed the City Council and said if they were not doing this project; the ditches would still be the same. Mr. Nelson said the ditches were not flood problems. Council Member Rhonda Rogers said she did not want to hold up progress of the project, but was concerned that if not denied now that the City would not be able to come back and ask that they correct the drainage. Shawn Napier said one other option could be approval of the final plat and not accept drainage easements for the two channels. Mr. Napier said if that was done, it would be the responsibility of the hospital to maintain the channels. Mr. Napier reminded Council that would be varying from the City's subdivision regulations. Mayor Biard called for a vote on the Preliminary Plat. Motion carried, 7 ayes — 0 nays. A Motion to approve the Final Plat without acceptance of the two drainage easements was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 9. Deliberate and act on the Preliminary Plat and Final Plat of Lot 1, Block B, Essent PRMC Addition 306, #2, located at 575 DeShong Drive, 2845 Lewis Lane, and 2875 Lewis Lane. A Motion to approve the Preliminary Plat and Final Plat was made by Council Member Brown and seconded by Council Member McCarthy. Motion carried, 7 ayes — 0 nays. 10. Deliberate and act on the Preliminary Plat, Final Plat, and curb and gutter variance request for Lot 1, Block A, Kelley Addition, located in the 600 Block of North Main Street. Council Member Jason Rogers voiced his concern about not requiring curb and gutter on new construction. Council Member Rhonda Rogers said that the properties surrounding this piece of property did not have curb and gutter. A Motion to approve the Preliminary Plat, Final Plat, and curb and gutter variance was made by Council Member Brown and seconded by Council Member Wright. Motion carried, 6 ayes — 1 nay, with Council Member Jason Rogers casting the dissenting vote. 11. Deliberate and act on the Preliminary Plat, Final Plat, and curb and gutter variance request for Lots I and 2, Block A., Yoder Addition CB 235A, located at 1418 19`h Street N.W. Regular Council Meetin&� February 14, 2011 Page 4 A Motion to approve the Preliminary Plat, Final Plat, and curb and gutter variance was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 6 ayes — 1 nay, with Council Member Jason Rogers casting the dissenting vote. 12. Deliberate and act on the Final Plat of Lot 9, Block A, Pecan Place Phase 11 Addition. A Motion to approve the Final Plat was made by Council Member Rhonda Rogers and seconded by Council .Member Pickle. Motion carried, 6 ayes — 1 nay, with Council Member Jason Rogers casting the dissenting vote. 13. Receive and deliberate on report from the City Clerk regarding the Initiative Petition and Supplemental Petition 'filed by petitioners prohibiting privatization of the collection, handling, and disposition of residential garbage, trash, and rubbish. City Clerk Janice Ellis reported that a supplemental petition was filed January 28, 2011, and that it contained the signature of an additional 1 I 1 qualified voters. Ms. Ellis said in order to bring this issue to a vote, that 370 qualified voters were required to sign the petition. She also said the petition and supplemental petition contained a total of 431 qualified voters and she had issued a certificate of sufficiency. 14. Deliberate and act on RESOLUTION NO. 2011 -007: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, RECEIVING AND ACKNOWLEDGING THE CERTIFICATION BY THE CITY CLERK OF AN INITIATIVE PETITION CALLING FOR THE ADOPTION BY CITY COUNCIL OF AN ORDINANCE PROHIBITING THE PRIVATIZATION OF THE COLLECTION AND DISPOSITION OF RESIDENTIAL TRASH IN THE CITY OF PARIS AND PROVIDING A METHOD OF FIXING CHARGES FOR SUCH SERVICE; 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, 7 ayes — 0 nays. 15. Public hearing, public reading, deliberate and possibly act on an ORDINANCE BY AND FOR THIS CITY OF PARIS, LAMAR COUNTY TEXAS, PROHIBITING PRIVATIZATION OF THE COLLECTION AND DISPOSITION OF RESIDENTIAL GARBAGE, TRASH, AND RUBBISH AND PROVIDING FOR THE METHOD OF FIXING CHARGES FOR SUCH SERVICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT OF RESIDENTIAL GARBAGE, TRASH, AND RUBBISH COLLECTION; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. A252 Regular Council Meeting February 14, 2011 Page 5 Mayor Biard opened the public hearing and asked that anyone wishing to speak regarding this item, to please come forward. With no one speaking, Mayor Biard closed the public hearing. City Attorney Kent McIlyar publically read the proposed Ordinance. Mayor Biard recommended that Council not take action on this item and call an election allowing the citizens to vote on this issue. No action was taken on this item. 16. Deliberate and act on RESOLUTION NO. 2011 -008: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDERING A CITY -WIDE SPECIAL ELECTION TO BE HELD IN THE CITY OF PARIS ON THE SECOND SATURDAY IN MAY 2011, THE SAME BEING THE 14r" DAY OF MAY, 2011, BETWEEN THE HOURS OF 7:00 O'CLOCK A.M. AND 7:00 O'CLOCK P.M., TO CONSIDER A PROPOSITION CALLING FOR THE ADOPTION OF AN ORDINANCE PROHIBITING PRIVATIZATION OF THE COLLECTION, HANDLING AND DISPOSAL OF RESIDENTIAL GARBAGE, TRASH, AND RUBBISH, AND PROVIDING A METHOD OF FIXING CHARGES FOR SUCH SERVICE; PRESCRIBING THE FORM OF THE BALLOT; PERMITTING ONLY RESIDENT QUALIFIED VOTERS TO VOTE; PROVIDING FOR EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR NOTICE OF THE ELECTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Pickle asked if the ballot language could be reworded, so that it would be clear to citizens when casting their vote. Mr. McIlyar suggested the following language, "An Ordinance maintaining the residential solid waste collection with the City of Paris; requiring City equipment and employees to be used for such service; and requiring the City Council to set a monthly rate for residential garbage handling and disposal based on employee cost, equipment cost, landfill cost, and billing cost." Mayor Biard asked committee petitioner A.D. Thompson if the proposed language was okay with the Committee and Mr. Thompson answered in the affirmative. A Motion to approve this item and the ballot language was made by Council Member Pickle and seconded by Council Member Jason Rogers. Motion carried, 7 ayes — 0 nays. 17. Public hearing, deliberate and act on RESOLUTION NO. 2011 -009: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDERING A CITY- WIDE SPECIAL ELECTION TO BE HELD ON MAY 14, 2011, TO CONSIDER PROPOSITIONS CALLING FOR AMENDMENTS TO THE CITY CHARTER; PRESCRIBING THE FORM OF THE BALLOT; PERMITTING ONLY RESIDENT QUALIFIED VOTERS TO VOTE; PROVIDING FOR EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR NOTICE OF THE ELECTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Council Meeting .7 r February 14, 2011 Page 6 Mayor Biard opened the public hearing and asked for anyone wishing to speak on this item, to please come forward. Richard Lee spoke in favor of increasing the City Council term limits. With no one else speaking, Mayor Biard closed the public hearing. 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. 18. Deliberate and act on RESOLUTION NO. 2011 -010: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF PARIS AND THE LAMAR COUNTY ELECTIONS ADMINISTRATOR TO ASSIST, COORDINATE, SUPERVISE AND HANDLE CERTAIN ASPECTS OF ADMINISTERING THE GENERAL AND SPECIAL ELECTION FOR MAY 14, 2011, FOR THE CITY OF PARIS; REPEALING RESOLUTION NO. 2011 -004 IN CONFLICT HEREWITH; 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 Rhonda Rogers and seconded by Council Member McCarthy. Motion carried, 7 ayes — 0 nays. 19. Deliberate and act on RESOLUTION NO. 2011 -011: A RESOLUTION OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE TEXAS COALITION FOR AFFORDABLE POWER (TCAP) TO NEGOTIATE AN EXTENSION TO THE CURRENT ELECTRIC SUPPLY AND NECESSARY RELATED SERVICES AGREEMENT WITH NEXT ERA ENERGY FOR A FIXED PRICE PER kWh THAT IS LOWER THAN CONTRACT RATES FOR 2011 -2013, SAID EXTENSION TO CONTINUE UNTIL DECEMBER 31, 2018; APPROVING TCAP CONTRACTING WITH NEXT ERA ENERGY AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH TCAP FOR THE CITY'S ELECTRICITY NEEDS FOR THE PERIOD BEGINNING AS SOON AFTER FINALIZATION OF A CONTRACT AS POSSIBLE AND EXTENDING UP TO DECEMBER 31,2018; COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE CITY'S COMMITMENTS TO PURCHASE POWER THROUGH TCAP FOR ITS ELECTRICAL NEEDS THROUGH DECEMBER 31, 2018. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes — 0 nays. 20. First reading, deliberate, . and possibly act on ORDINANCE NO. 2011 -002: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE I OF CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, BY ADDING A NEW SECTION 23 -5(b) TO INCLUDE THE TRAIL DE PARIS AND ITS HOURS OF ACCESSIBILITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; 1254 Regular Council Meeting February 14, 2011 Page 7 PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Chief Hundley explained that the trail becomes attractive to illegal activities, criminal mischief and theft once darkness falls. Chief Hundley said he had spoken with members of Friends of the Trails and they were supportive of this ordinance. A Motion to invoke the super majority rule and approve this item was made by Council Member Wright and seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes — 0 nays. 21. First reading, deliberate, and possibly act on ORDINANCE NO. 2011 -003: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 5 -2, RUNNING AT LARGE OR WALKING UPON DESIGNATED WALKING TRACKS AND OTHER PUBLIC PLACES IN THE CITY OF PARIS PROHIBITED, OF CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, BY AMENDING SECTION 5 -2 TO DESIGNATE THE TRAIL DE PARIS AS A DESIGNATED PUBLIC PLACE WHERE THE WALKING OF DOGS ON LEASHES IS PERMITTED; 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. A Motion to invoke the super majority rule was made by Council Member Wright and seconded by Council Member Jason Rogers. Motion carried, 7 ayes — 0 nays. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Jason Rogers. Motion carried, 6 ayes — 1 nay, with Council Member Pickle casting the dissenting vote. 22. Deliberate and act on RESOLUTION NO. 2011 -012: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AN APPLICATION TO THE GOVERNOR'S OFFICE, CRIMINAL JUSTICE DIVISION FOR $15,000 FOR AN ACCIDENT REPORTING SOFTWARE INTERFACE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS; 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 Rhonda Rogers and seconded by Council Member McCarthy. Motion carried, 7 ayes — 0 nays. 23. Deliberate and act on RESOLUTION NO. 2011 -013: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AN APPLICATION TO THE GOVERNOR'S OFFICE, CRIMINAL JUSTICE DIVISION FOR FUNDING FOR $50,000 FOR TWO POLICE DEPARTMENT PATROL CARS; AUTHORIZING r ; J Regular Council Meeting February 14, 2011`' Page 8 THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS; 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 McCarthy and seconded by Council Member Brown. Motion carried, 7 ayes — 0 nays. 24. Deliberate and act on RESOLUTION NO. 2011 -014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE PROPOSAL OF HAYTER ENGINEERING, INC. FOR ENGINEERING SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR THE TEXAS DEPARTMENT OF AGRICULTURE MAIN STREET PROGRAM FOR SIDEWALK IMPROVEMENTS IN THE CITY OF PARIS AND AUTHORIZING THE EXECUTION OF AN ENGINEERING SERVICES AGREEMENT; 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 McCarthy. Motion carried, 7 ayes — 0 nays. 25. Deliberate and act on RESOLUTION NO. 2011-015: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES AGREEMENT WITH MUNICIPAL DEVELOPMENT SERVICES TO IMPLEMENT A CONTRACT ADMINISTRATION SYSTEM UNDER THE GENERAL DIRECTION OF THE TEXAS CAPITAL FUND GRANT FROM THE TEXAS DEPARTMENT OF AGRICULTURE UNDER THE MAIN STREET PROGRAM FOR SIDEWALK IMPROVEMENTS; 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 McCarthy. Motion carved, 7 ayes — 0 nays. 26. Deliberate on the hiring of a professional consultant to advise and coordinate the City's efforts in hiring a new city manager. Council Member Jason Rogers said that he asked for this item, so that they could move forward with their search for a new city manager. Mayor Biard said that he would like to advertise on the TML web -site. Council Member Rhonda Rogers suggested they also advertise with TCMA. Interim City Manager Gene Anderson said that he would put together a job description and e-mail it to the Council Members for comment. Mr. Anderson said he would post the position with TML and TCMA. It was a consensus of the City Council to bring this item back to the March 14`h meeting. 27. Deliberate on the policy regarding weather days and employee compensation. x'256 Regular Council Meeting February 14, 2011 Page 9 Council Member Jason Rogers said he brought this item forward for discussion of implementing a policy regarding weather days. Council Member Jason Rogers said he was bothered that the employees received a message that the City was closed, but had to use comp or vacation time. Council Members McCarthy and Pickle both expressed that they did not want to allow extra days off in addition to vacation and comp days. Mr. Anderson said that the message had been changed to say that the City of Paris is open, but that if an employee feels that he or she cannot make it in, then they will have the option of taking leave. Council Member Jason Rogers said he was fine with that. Mayor Biard recessed the City Council at 7:04 p.m. and reconvened the meeting at 7:12 p.m. 28. Deliberate, possibly act on the selection of a long -term landfill provider, and direct staff to draft appropriate documents. Council Member Wright said that in September, Council Member Jason Rogers had requested proposals on a long -term landfill provider and that Council had received them. A Motion to select the low bidder with negotiation of the other increments of the contract was made by Council Member Wright and seconded by Council Member Pickle. Council Member Jason Rogers said he was inclined to wait on this decision until the citizens had a chance to vote on the privatization issue. Council Member Brown and Council Member Pickle both said that the City was saving money on the month -to -month contract with Sanitation Solutions. Council Member Jason Rogers said he did not want to rush into a long tern contract and said that they would continue to save money on the month -to -month contract. Council Member Rhonda Rogers agreed with Council Member Jason Rogers. Mayor Biard said that he was comfortable with moving forward with negotiating a contract and that it would have to come back to Council for approval. He also said he did not want to wait another four months before they began the process. Mayor Biard said he expected the contract negotiation to take a couple of months, because he knew of at least ten items that were not resolved in the RFP. Mayor Biard said that Sanitation Solutions was the low bidder and he thought that they should start the contract negotiations. Council Member Jason Rogers expressed concern about not getting several months of data, as well as the perception of the citizens by rushing into a long term landfill agreement. Council Member Brown said he did not feel that they were rushing into this decision, because they had received the information in September. Mayor Biard asked for a vote on Council Member Wright's Motion to select the low bidder with negotiation of the other increments of the contract. Motion carried, 4 ayes — 3 nays, with Council Members Jason Rogers, Rhonda Rogers and Joe McCarthy casting the dissenting votes. 29. Deliberate and possibly act on the request form Richard Drake Construction Company and North Lamar Independent School District to approve the delay of the Stillhouse Road Widening Project. Regular Council Meeting 1257 February 14, 2011 Page 10 Shawn Napier said that Superintendent James Dawson for NLISD and Drake Construction had both written letters requesting that the project be delayed until June 6, 2011, because of safety for the students, accessibility of the parents of school aged children, heavy school traffic, limited construction times and shortened days during the winter. Mr. Napier also said that Drake Construction Company would honor the original bid prices. A Motion to approve the delay of the project was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 30. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. City Council was reminded of the NAACP Banquet on February 191h at 6:00 p.m. at the Love Civic Center; the Paris Living Luncheon on February 17th; The re- districting conference on April V" and Lamar County Days in Austin on April 5th and 61h. 31. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Wright and was seconded by Council Member Brown. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:32 p.m. zv� WILL BIARD, MAYOR NICE ELLIS, CITY CLERK 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 Agenda 1. 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. Regular Council Meeting, I n February 28, 2011 J 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 or 1260 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. 4:1OCV281. 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. 11 Regular Council Meeting*,. -. _ 2 6 1 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 for the March 14`h 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. 1'2 6 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 ANICE ELLIS, CITY CLERK