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07/20111344 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS July 11, 2011 .. The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, July 11, 2011, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Joe McCarthy; Jason Rogers; John Wright; Richard Grossnickle; Matt Frierson; and Edwin Pickle City Staff Gene Anderson, Interim City Manager/Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Shawn Napier, City Engineer; Ronnie Grooms, Fire Chief; and Ron Sullivan, Public Works Director Opening Azenda Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. City Engineer Shawn Napier gave the invocation. 3. Pledge of Allegiance. Council Member Jason Rogers led the pledge. 4. Citizens' forum. Chris Lancaster, 1735 Cleveland — he said he had an issue with item #11. Mr. Lancaster said that he was a musician, that he had played at Buffalo Joe's, and that his music noise level was monitored. Burt Hussey, 3231 Hubbard — he said that he was there to speak about item #11. Mr. Hussey said that he also was a musician and participates at Buffalo Joes. He said they always quit at 10:00 p.m. Sheri Van Der Schaaf, 1587 FM 3426 — she said that her parents lived across the street from Buffalo Joe's and that they could not sit in their backyard sometimes, because the music was too loud. Regular Council Meeting July 11, 2011 Page 2 i Bobbie Kirtley, 1065 N.E. 34th — she said she was not complaining about the music, but the loudness of the base noise. She said she could feel vibrations from the music, and that the music from Crosswire had awaken her all hours of the morning. Carol Hufnagel, 720 Bunker — she said the music did not always stop at 10:00 p.m. and that there were times that she could feel the vibration. Earl Kirtley, 1065 N.E. 34th — he said the problem with loud music had been going on for over three years and asked the City Council to put a stop to it. Michael Huggins — he said he was a musician and asked that the City Council consider State Statute when making a decision about this issue. He said that anything under 85db at 200 feet from the source was not a noise disturbance. Dawn Hope, 3315 Ridgeview — she said that she recently testified in the court case. She said she lives behind Buffalo Joe's and that she was a musician. She said that the bands do stop at 10:00 p.m., but that the music does not stop and sometimes goes on late. . Terry Hope, 3315 Ridgeview — he is that the music is too loud on some nights and other nights that he did not hear any music. He suggested that a possible solution would be to build angled walls and angled fences toward the houses. Linda Christian, 3305 Ridgeview — she said that she did not have anything against music or business. Mrs. Christian said they had lived in their house for over thirty years and that it had been in the last three to four years that that the music became very loud. She said she wanted to be able to control the music when she was in her home and not have to turn up her television. Mrs. Christian referred City Council to Article V. Noise, Section 21.01 of the Paris Code. Mrs. Christian asked citizens in attendance regarding item #11 to please stand. Charles Christian, 3305 Ridgeview — he said he was not against music and business, but that he wished they would put up sound proof fences. As Mayor Hashmi was moving to the Consent Agenda, William Conder approached the podium and asked to address the Council. A Motion to reopen the Citizens' forum was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 7 ayes — 0 nays. William Conder, 1870 E. Polk — he said that he sympathized with anyone who had to put up with pounding base. He said there was a car wash in the 1800 block of Clarksville Street and many times there was a sound war at the location. Mr. Conder said he could hear the noise from inside of his house, and that noise citations had declined over a period of time. Regular Council Meeting July 11, 2011 1346 Page Consent Agenda Mayor Hashmi inquired of Council N embers if they wished to pull any items from the Consent Agenda for discussion. Council Member Wright asked that the minutes from June 11, 2011 be amended to include the City Attorney's comments regarding why Josh Bray was not eligible to serve on the PEDC Board. Council Member Wright also said there was a nomination for Council Member McCarthy to be Mayor Pro -Tem and he thought that should be in the minutes. City Clerk Janice Ellis said that she would amend the minutes to include the City Attorney's comments. Ms. Ellis said when she drafted the minutes, that she listened to the tape regarding nominations and that a formal motion was not made to nominate Council Member McCarthy. Ms. Ellis also said that Council Member Rogers had asked Council Member McCarthy if he wished to serve in that capacity and that he declined. Ms. Ellis said she would amend the minutes to include the conversation between the two Council Members. A Motion to approve the Consent Agenda was made by Council Member Pickle and seconded by Council Member Frierson. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Item 5. 5. Deliberate and act on the approval of minutes from the meeting on June 11, 2011. Regular Agenda 6. Public hearing, deliberate and act on RESOLUTION NO. 2011 -054: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM; AUTHORIZING AN INTERLOCAL AGREEMENT WITH LAMAR COUNTY; AUTHORIZING THE EXPENDITURE OF FUNDS; ACCEPTING SAID GRANT AWARD UPON NOTICE THEREOF; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Chief Hundley spoke in support of this item, citing that the Police Department would use the city share in the amount of $7,159.50 to replace city rifles. Mayor Hashmi asked for anyone wishing to speak in opposition of this item, to please come forward. With no one else speaking, Mayor Hashmi closed the public hearing. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 7. Deliberate and act on RESOLUTION NO. 2011 -055: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING FINAL PAYMENT OF $12,230.65 TO RICHARD DRAKE CONSTRUCTION CO., LP FOR THE TRAIL DE Regular Council Meeting July 11, 2011 Page.4 PARIS EXTENSION BETWEEN S-E 8TH AND 12' STREETS; MAKING OTHER 11a,47 FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Engineer Shawn Napier said staff recommended closing the contract and making the final payment, because this Trail section had been completed. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Wright Motion carried, 7 ayes — 0 nays. 8. Deliberate and act on RESOLUTION NO. 2011 -056: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE ARK -TEX COUNCIL OF GOVERNMENTS AND RECOMMENDING MAYOR A.J. HASHMI, M.D., AND MAYOR PRO -TEM RICHARD GROSSNICKLE, M.D. TO SERVE ON THE EXECUTIVE COMMITTEE OF THE ARK -TEX COUNCIL OF GOVERNMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Gene Anderson explained that Ark -Tex Council of Governments allows for three representatives of the governing body to serve and that historically the Mayor, Mayor Pro -Tem and one Council Member served on the Board. Mayor Hashmi opened the floor for nominations and asked the Council if anyone had a desire to serve on this Board. With no one speaking, a Motion to appoint Council Member Wright to serve on the Ark -Tex Council was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 9. Deliberate and act on RESOLUTION NO. 2011 -057: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPOINTING A COUNCIL MEMBER TO SERVE AS A MEMBER OF THE VISITORS AND CONVENTION COUNCIL OF THE CHAMBER OF COMMERCE OF LAMAR COUNTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mayor Hashmi opened the floor for nominations. A Motion to appoint Council Member Frierson to serve on the Visitors and Convention Council of the Chamber of Commerce was made by Council Member Wright and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 10. Deliberate and act on appointment of City Council Members to serve as liaisons on city boards, committees, and commissions. Mayor Hashmi said that Council Member Wright was interested in serving on the PEDC Board and had previously served on the Board. A Motion to appoint Council Member Wright to 1948 Regular Council Meeting July 11, 2011 Page 5 ;r;.♦ ,, the PEDC Board was made by Mayor Hashmi and seconded by Council Member Grossnickle. Motion carried, 6 ayes —1 nay, with Council Member McCarthy casting the dissenting vote. 0. Mayor Hashmi inquired if anyone had a desire to serve on the Airport Advisory Board. Council Member Pickle said he was willing to serve on the Board, unless someone else wanted to serve on it. It was a consensus of the City Council that Council Member Pickle serve on the Airport Advisory Board. Mayor Hashmi asked Council Member McCarthy if he would like to serve on the Building and Standards Commission and he answered in the affirmative. A Motion to appoint Council Member McCarthy to the Building and Standards Commission was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. Mayor Hashmi asked Council Member Frierson if he would like to serve on the Historic Preservation Commission and he answered in the affirmative. It was a consensus of City Council that Council Member Frierson serve on the Historic Preservation Commission. Mayor Hashmi inquired if anyone wished to serve on the Housing Authority Board. Council Member McCarthy said he was willing to serve on the Board, unless someone else wanted to serve on it. A Motion to appoint Council Member McCarthy to the Housing Authority Board was made by Council Member Wright and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. Mayor Hashmi inquired if anyone wished to serve on the Main Street Board. Council Member Pickle said he currently served on the Board and would be willing to do so. It was a consensus of the City Council that Council Member Pickle serve on the Main Street Board. Mayor Hashmi inquired if anyone wished to serve on the Band Commission. Council Member Pickle said he currently served on the Commission and would like to continue doing so. It was a consensus of the City Council that Council Member Pickle serve on the Band Commission. Mayor Hashmi inquired if anyone had an interest in serving on the Planning and Zoning Commission. Council Member Grossnickle expressed an interest. It was a consensus of the City Council that Council Member Grossnickle serve on the Planning and Zoning Commission. Mayor Hashmi asked Council Member Rogers if he would accept a nomination for the Library Advisory Board and he said yes. It was a consensus of the City Council that Council Member Rogers serve on the Library Board. Mayor Hashmi said Council Member Rogers had expressed interest in traffic issues and that he would like to nominate Council Member Rogers to serve on the Traffic Commission. It was a consensus of the City Council that Council Member Rogers serve on the Library Board. Regular Council Meeting July 11, 2011 Page 6 x Mayor Hashmi asked Council Member McCarthy if he would accept a nomination for the A Xh Zoning Board of Adjustment and he said yes. A Motion to appoint Council Member McCarthy to the Zoning Board of Adjustment was maae by Council Member Wright and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 11. Deliberate and provide direction on amendments to the Noise Ordinance (establishment -of non - residential trash and waste collection and operating hours for businesses holding outdoor concerts). In follow -up to the Council meeting of June 27th, Gene Anderson said that he had contacted the sanitation providers and discussed operation time for pickup in or near residential areas. Mr. Anderson said the routes had been changed and Mr. Biard was pleased with the results. He also said that the staff recommended taking no action at that time, but to continue to monitor the situation. Mayor Hashmi asked each Council Member for their input regarding businesses holding outdoor concerts. City Council discussed the citizens' complaints, the possibility of the business owners building sound barriers, and meeting with the business owners and citizens in an effort to reach a solution. Chief Hundley provided information that reflected from May 1, 2008 through June 30, 2011, there were 39 calls before the hour of 10:00 p.m. and 22 calls of service after 10:00 p.m. for noise disturbances at Buffalo Joes. He also said that the Police Department had 7 or 8 calls after 10:00 p.m. for Crosswire. Chief Hundley said the Police Department had more calls on Crosswire for noise due to drunks and fights. Chief Hundley said State statute does not say that you have to be 85 decibels and above for it to be a violation. He said that according to State Law and City Ordinance there is a presumptive level that the noise is unreasonable at 85 decibels. Chief Hundley said that he was prepared to give the City Council a music demonstration of 85 decibels. Mayor Hashmi inquired of Council if they wanted a demonstration and Council declined. It was a consensus of the City Council that Mayor Hashmi and Gene Anderson would meet with the parties in an effort to reach a resolution to this issue. 12. Deliberate and provide direction to City staff on amending the Code of Ordinances to allow the police department to ticket, tow, and impound any vehicle that is not covered under automobile liability insurance. In follow -up to the meeting of June 27th, Chief Hundley said that he had two options for the Council to discuss. He explained option 1 as follows: 1) on a traffic violation stop in which the driver cannot provide proof of insurance, a citation would be issued. If the driver does not have a driver's license and cannot provide proof of required insurance coverage, the vehicle would be towed; and 2) on a traffic violation stop or after being involved in a collision, and the driver cannot provide proof of required insurance coverage, a citation would be issued. Chief Hundley recommended a public education period, should Council decide to adopt an Ordinance to allow towing and impounding of vehicles not covered under automobile liability insurance. City Council discussed options 1 and 2, different scenarios and the regulation of towing and 1350 Regular Council Meeting July 11, 2011 Page 7 impounding fees. City Attorney Kent McIlyar said that the previous Council elected not to set c xpaximum towing fees. Chief Hundley said some of the other cities set storage fees. Mr. McIlyar said he would look into the issue about storage fees. Council Member Grossnickle said maybe they could send out a questionnaire to the companies to find out what kind of storage fees they would charge for different circumstances. Following discussion, it was a consensus of City Council to bring back an Ordinance that incorporated option 1 and allow for a public education period. 13. Deliberate and provide direction to City staff on amending the Code of Ethics adopted by the City Council on May 10, 2010. Gene Anderson said appointments were made to City Boards, Committees and Commissions at the June 27th City Council meeting. He said that during those discussions, several Council Members inquired about the restriction of applicants who do business with the City of Paris not being able to serve on certain City non - advisory Boards, Committees and Commissions. Mr. Anderson inquired as to whether or not the governing body wanted to make amendments to the Code of Ethics, citing it would allow people who do business with the City to serve on City Boards. Council Member McCarthy expressed concern about the conflict of interest when citizens serve on Boards. Mr. Anderson said if it was something that dealt with their business; the member would have to recuse himself. Council Member McCarthy said the City needs good people to serve on these Boards. Council Member Rogers agreed with Mr. Anderson. Council Member Wright said he did not have any strong feelings either way, but that he had strong feelings about unequal enforcement. Council Member Grossnickle asked if there was a number or paragraph staff recommended changing. City Attorney Kent McIlyar said the City's Code of Ethics that was adopted in 2010 had two prongs, one was the Conflict of Interest and that the Code of Ethics addressed Conflict of Interest the same way State Law does. Mr. McIlyar said the other prong was Standards of Conduct in the Code of Ethics. Mr. McIlyar gave an example of a former Council Member who was a contractor and that the City's Code of Ethics prevented that Council Member from doing construction on City projects while he was serving as a City Council Member. Mr. McIlyar said as the Code was currently written and adopted, it applied to Employees, City Council Members, Boards, Committees and Commissions, which meant that if you did business with the City of Paris, you could not serve on a Board, Committee or Commission. Mr. McIlyar said it was his understanding of what was being proposed was to leave that in place for Council Members, but change it for Board, Committee and Commission Members under Section 2 -303 under Standards of Conduct of the Code of Ethics. Council Member Grossnickle and Council Member Frierson said they were okay at looking at the amendments. Council Member Pickle was in agreement. It was a consensus of City Council that staff would bring back amendments to the Code of Ethics. 14. Convene into Executive Session pursuant to Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as follows: discuss and deliberate candidates for the position of City Manager. Regular Council Meeting July 11, 2011 Page 8 Mayor Hashmi convened City Council -into Executive Session at 6:43 p.m. 15. Reconvene into open session. .0. Mayor Hashmi reconvened City Council into open session at 7:16 p.m. and said that Council had discussed that each Council Member bringing back five candidate applications and that they would create a template of qualifications that were important to each Council Member. Mayor Hashmi said once that was accomplished, they would begin the interviewing process. 16. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Council Member Jason Rogers said that he was resigning his seat with the City Council effective immediately, because he had taken a position out of state. Council Member Rogers said that he had enjoyed serving on the City Council. 17. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by John Wright. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:17,p.m. A.J. HASHMI, ICE ELLIS, CITY CLERK f. 1352 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS S July 25, 2011 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, July 25, 2011, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Joe McCarthy; John Wright; Richard Grossnickle; Matt Frierson; and Edwin Pickle City Staff: Gene Anderson, Interim City Manager/Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Kent Klinkerman, EMS Director; Ronnie Grooms, Fire Chief; Ron Sullivan, Public Works Director; and Priscilla McAnally, Library Director Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Lazaroff gave the invocation. 3. Pledge of Allegiance. Council Member Frierson led the pledge. 4. Citizens' forum. Steve McFarland, 3249 W. Kaufinan Street — he complained about solicitors. William Conder, 1870 E. Polk — he said the Code of Ethics should not be changed, citing an incident between PEDC and CTech that occurred in May 2003. Henry Shaw, 1530 N.E. 1St Street — he said since 1928 the Boys Club, now the Boys and Girls Club of Red River Valley have provided youth with a fun safe place to go during the summer. Mr. Shaw invited everyone to attend the Johnny Stallings Great Paris Turtle Float to be held at the Lamar County Fairgrounds August 13th at noon. Regular Council Meeting July 25, 2011 Page; 2 Patsy Carcuffe, 315 York Street — she-complained about her drainage problem. Larry Walker, 842 -13th S.E. — he said the there were several corners in the City that were not wheelchair accessible, citing in front of the Post Office and First United Methodist Church. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. City Council discussed Ramada Inn and LaQuinta's delinquent tax situation. Gene Anderson said that LaQuinta was in bankruptcy status and that Ramada Inn had made partial payment. He also told the Council that it was his understanding that Ramada Inn was under a sale contract, but that he would check on this and get back to the Council. Council Members Wright and Pickle asked Ron Sullivan to include Ballard Drive on the Ditch Maintenance Report. A Motion to approve the Consent Agenda was made by Council Member Pickle and seconded by Council Member Frierson. The Council voted six (6) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7, and 8. 5. Deliberate and act on the approval of minutes from the meeting on July 11, 2011. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Traffic Commission (4 -5 -2011) 7. Deliberate on June monthly financial report. 8. Deliberate on drainage ditch maintenance report. Regular Agenda 9. Deliberate on Paris Economic Development Corporation's Quarterly Report. PEDC Executive Director Steve Gilbert gave his quarterly report. Mr. Gilbert said at the suggestion of the Mayor, he would be presenting quarterly reports on a two month period. Mr. Gilbert spoke about the budget hi- lights, the upcoming meeting on Thursday and gave project updates. At the end of Mr. Gilbert's presentation, Mayor Hashmi asked that Mr. Gilbert keep City Council informed as to what action was being taken with regard to the information that was received by PEDC. 10. Deliberate and act on the selection process for the appointment of a replacement for Council seat District Two. 1354 Regular Council Meeting July 25, 2011 Page 3 Mr. Anderson suggested that the Council accept letters as to why a candidate was interested in serving on the Council, that the City Clerk review the applications for qualification purposes pursuant to the Charter, that Council set a deadline for receiving applications, that Council hold a special meeting to interview applicants and select a candidate to fill the unexpired term in Council District Two. . A Motion to follow the procedure set out by Mr. Anderson and an imposing a deadline of August 15th for receiving applications was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 6 ayes — 0 nays. 11. Deliberate and possibly act on RESOLUTION NO. 2011 -058: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACKNOWLEDGING FORMAL RECEIPT OF THE 2011 CERTIFIED APPRAISAL ROLL FOR TAX APPRAISAL PURPOSES; 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, 6 ayes — 0 nays. 12.. Presentation and deliberation on the 2011 -2012 Budget for the City of Paris. Gene Anderson presented the proposed budget to City Council and asked that they forward possible workshop dates to the City Clerk. 13. Deliberate and possibly act on RESOLUTION NO. 2011 -059: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A PUBLIC HEARING FOR AUGUST- 8, 2011 ON THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2011 -2012; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Anderson said that the City Charter required a public hearing on the proposed budget and he suggested that it be held August 8, 2011. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays. 14. Deliberate on the impact of SB 100 pertaining to municipal elections. City Clerk Janice Ellis said recently passed SB 100 could potentially impact city elections. She said that the biggest change was that County Election Administrators were no longer required to enter into a contract to furnish election services for an election held on the second Saturday in May in even - numbered years. Ms. Ellis she attended a meeting at the City of Allen, where municipalities discussed purchasing electronic voting machines and conducting their own elections, moving City Council elections to November and conducting municipal Regular Council Meeting July 25, 2011 Page 4 elections only in odd - numbered years. She also said that discussion and options were still in the early stages, that a decision did not need to be made and that time, and that she would keep City Council informed as she received additional it formation. 15. Deliberate and possibly act on RESOLUTION NO. 2011 -060: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING CHANGE ORDER NO. ONE TO THE CONTRACT FOR THE STILLHOUSE ROAD WIDENING PROJECT FROM LEVI LANE TO LEWIS LANE; AUTHORIZING FINAL PAYMENT; 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 Wright and seconded by Council Member Grossnickle. Motion carried, 6 ayes — 0 nays. 16. First reading, deliberate and possibly act on ORDINANCE NO. 2011 -022: AN ORDINANCE 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; ESTABLISHING STOP SIGNS ON JEFFERSON ROAD AND SOUTH COLLEGIATE DRIVE FOR EAST AND WEST BOUND TRAFFIC; AND ESTABLISHING YIELD SIGNS FOR VEHICLES TURNING RIGHT NORTHBOUND OR SOUTHBOUND FROM JEFFERSON ONTO COLLEGIATE; 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 McCarthy and seconded by Council Member Wright. Motion carried, 6 ayes — 0 nays. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 6 ayes — nays. 17. First reading, deliberate and possibly act on ORDINANCE NO. 2011 -023: 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; ESTABLISHING A TRAFFIC LIGHT AT THE INTERSECTION OF 42ND ST. SE AT LAMAR AVE. (US HWY 82 EAST); 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 Pickle and seconded by Council Member McCarthy. Motion carried, 6 ayes — 0 nays. Regular Council Meeting July 25, 2011 1356 Page A Motion to approve this item was made by Council Member Wright and seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays. 18. First reading, deliberate and possibly act on ORDINANCE NO. 2011 -024: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 13, FLOOD DAMAGE PREVENTION AND CONTROL OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO ADOPT A REVISED FLOOD DAMAGE PREVENTION ORDINANCE BASED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) MODEL FLOOD PLAN MANAGEMENT ORDINANCE; DESIGNATING A FLOODPLAIN ADMINISTRATOR; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Napier said the Federal Emergency Management Agency (FEMA) had currently completed changes to the City's floodplain maps and that the new maps were scheduled to become effective August 16, 2011. City Engineer Shawn Napier said that the major change in the ordinance provided a more stringent requirement for all new structures and substantial improvements to be constructed at least two feet above the base flood elevation. A Motion to invoke the super majority rule was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays. 19. Deliberate and act on appointment of City Council Members to serve as liaisons on the Traffic Commission and the Paris Public Library Board. Mr. Anderson said with the resignation of Council Member Rogers, there were no City Council liaisons serving on these two boards. It was a consensus of the City Council that Council Member McCarthy would serve on the Traffic Commission and that Mayor Hashmi would serve on the Library Board, until a new Council Member was seated in District Two. 20. First reading, deliberate and possibly act on ORDINANCE NO. 2011 -025: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AMENDING SECTION 2 -303 "STANDARDS OF CONDUCT" OF ARTICLE IV CODE OF ETHICS AND CONDUCT OF CHAPTER 2, ADMINISTRATION OF THE CODE OF ORDINANCES OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Anderson explained that the proposed amended Code of Ethics would allow any board or commission member excluding the City Council, to do business with the City of Paris. City Attorney Kent McIlyar explained that if a board member had a substantial interest in a Regular Council Meeting July 25, 2011 Page 6 business that contracted with the City of Paris, the board member would not be able to vote on any matter that pertained to the business pursuant to Chapter 171 of the Texas Local Government Code, which governs conflicts of interest in these types of instances. 1357 A Motion to invoke the super majority rule was made by Council Member Grossnickle and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. A Motion to approve this item was made by Council Member Grossnickle and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. 21. Deliberate and act on RESOLUTION NO. 2011 -061: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A NEW LEASE AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND AGPRO, INC. FOR 400 ACRES OF LAND AT COX FIELD AIRPORT IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Anderson said that AGPRO had leased a 400 acre tract of the Airport property from the City for livestock grazing and dairy farm research facilities for the last 35 years. He also said that the original Lease Agreement had expired and that the parties desired to enter into a new Lease Agreement of 400 acres. Council Member Wright wanted to know if bids were taken and Mr. Anderson said no. Council Member Grossnickle said the price the City would be getting per acre was standard. Mr. Anderson 'said that AGPRO had been beneficial in helping get Daisy Dairy to Paris. Ted Gribble of AGPRO said that they moved here forty years ago and had moved two businesses here. Mr. Gribble said part of their original package was that they would be able to have a research farm. He also said that they had replaced all fences, fertilized the property, and had conducted three major research projects. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Grossnickle. Motion carried, 6 ayes — 0 nays. 22. Convene into Executive Session: a. Pursuant to Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as follows: discuss and deliberate candidates for the position of City Manager. b. Pursuant to Section 551.087 of the Texas .Government Code (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 located, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development Regular Council Meeting July 25, 2011 Page 7 negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). c. Pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the purchase, exchange, lease, or value of real property. After a brief recess, Mayor Hashmi convened City Council into Executive Session at 6:46 p.m. 23. Reconvene into open session, deliberate and possibly take action on those matters discussed in executive session. Mayor Hashmi reconvened City Council into open session at 7:50 p.m. Mayor Hashmi said that City Council had received project updates from Steve Gilbert. He also said that Council had discussed candidates, qualifications and would be interviewing two candidates. 24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Mr. Anderson reminded everyone of the special meeting scheduled for Friday at 7:30 a.m. to tour city facilities. 25. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 7:53 p.m. I CITY CLERK MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS Julf 29, 2011 The City Council of the City of Paris met for a special session at 7:30 a.m. on Friday, July 29, 2011, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Richard Grossnickle; Matt Frierson; and Edwin Pickle City Staff. Gene Anderson, Interim City Manager/Finance Director; Kent McIlyar, City Attorney; and Janice Ellis, City Clerk Absent: Council Members: Joe McCarthy and John Wright 1. Call meeting to order. Mayor Hashmi called the meeting to order at 8:09 a.m. City Council and City Staff discussed the process of placing an item on the Council Agenda. Mayor Hashmi encouraged each Council Member to select an area of interest, such as roads, infrastructure, etc. and become an expert on the subject. He explained this would make the Council more efficient when it came to discussing the budget. 2. Tour of the Facilities. City Council departed for a tour of city facilities. 3. Adjournment. After a tour of the facilities and there being no further business, the meeting was adjourned at 5:00 p.m. NICE ELLIS, CITY CLERK