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12/20111 1 2 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS December 5, 2011 The City Council of the City of Paris met for a special session at 5:00 p.m. on Monday, December 5, 2011, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Joe McCarthy; Robert Avila; John Wright; Richard Grossnickle; and Edwin Pickle City Staff: Gene Anderson, Interim City Manager/Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; and Shawn Napier, City Engineer Absent: Council Member: Matt Frierson Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:00 p.m. Regular Agenda 2. First Public Hearing and deliberate on an application for disannexation of approximately 17.250 acres of land located on Smallwood Road, forming a portion of the current outer boundaries of the city limits of the City of Paris in response to an application for such disannexation filed by Bob and Martha Crockett. Council Member Grossnickle asked to be recused, stating that he may have a possible conflict. A Motion to recuse Council Member Grossnickle was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays. Council Member Grossnickle left the room at 5:01 p.m. Mayor Hashmi opened the public hearing and asked anyone wishing to speak in support of this item, to please come forward. Martha Crockett, 4319 Smallwood Road, spoke in support of the disannexation. Mrs. Crockett said there were no city services provided to this property, that her permanent residence was across the street from this property, that the property was not a part of Wildwood Estates, that the property had an agriculture exemption, and that the City would only lose $32.00 per year in taxes. Mayor Hashmi asked for anyone wishing to speak in Special Council Meeting December 5, 2011 . .Page .2 opposition of this item, to please come forward. With no one else speaking, Mayor Hashmi closed the public hearing. A Motion to return Council Member Grossnickle to the meeting was made by Council Member McCarthy and seconded by Council Member Avila. Motion carried, 5 ayes — 0 nays. Council Member Grossnickle returned to the room at 5:06 p.m. 3. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Avila. Motion carried, 6, ayes — 0 nays. The meeting was adjourned at 6:02 p.m. ICE ELLIS, CITY CLERK MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS December 12, 2011 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, December 12, 2011, at the City Council Chamber, 107 E. Kaufrnan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Joe McCarthy; Robert Avila; 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; Bob Hundley, Police Chief; Dale Maberry, Fire Marshal; Ron Sullivan, Public Works Director; Kent Klinkerman, EMS Director; Doug Harris, Utilities 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 Bob Bush gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. James Stewart, 4015 Alpine — he said that he was in favor of banning bath salts. Robert Howe, 241 N.E. 3rd — he said there was illegal activity going on at Madea's Club, as well as all night loud music. He said he reported the activity to the police department and was told they were working a case. Regular Council Meeting December 12, 2011 � ;4e.2 Consent Agenda 1435° Mayor Hashmi 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 McCarthy. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Items 5 & 6. 5. Deliberate and act on the approval of minutes from the meetings on November 14, 2011; November 28, 2011; and December 5, 2011. 6. Receive and deliberate on reports and /or minutes from the following boards, commissions, and committees: a. Main Street Advisory Board (9 -20 -2011 and 10 -25 -2011) b. Airport Advisory Board (10 -20 -2011) c. Paris Public Library Advisory Board (10 -19 -2011) d. Planning and Zoning Commission (11 -7 -2011) 7. Deliberate on October monthly financial report. 8. Deliberate on drainage ditch maintenance report. Resular Agenda 9. Update on the City of Paris Beautification Project. Mayor Hashmi said Phase I of the Project was completed with planting of the crepe myrtle trees along portion of the Loop. He also said goals of this project were to improve the lifestyle of the citizens, and to attract new businesses and jobs to the city. 10. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2011 -051: 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 LOTS 1 -3, CITY BLOCK 162, LOT 2, BLOCK 1; LOT 1, BLOCK 2; LOTS 4 -8, BLOCK 6; LOTS 1 -10, BLOCK 7; LOST 1 -11, BLOCK 8; LOTS 7 -12, BLOCK 9; LOTS 1 -12, BLOCK 10; LOTS 1 -12, BLOCK 11; LOTS 1 -12, BLOCK 12; LOTS 1 -12, BLOCK 13, TEXAS & PACIFIC ADDITION, PARIS, LAMAR COUNTY, TEXAS, LOCATED BETWEEN SOUTH CHURCH STREET, 6TH STREET S.E., PARIS BOULEVARD AND UNION PACIFIC RAILROAD, FROM A HEAVY INDUSTRIAL DISTRICT (HI), TO A HEAVY INDUSTRIAL DISTRICT (HI) WITH A SPECIFIC USE PERMIT (53) LOADING, UNLOADING OR TRANSLOADING OF CRUDE OIL; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A Regular Council Meeting December 12, 2011 Page 3 REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Hashmi said that Council Member Frierson asked to be recused during consideration of this item. A Motion to recuse Council Member Frierson was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. Council Member Frierson left the room. Mayor Hasbmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Holland Harper spoke in support of this zoning change and answered questions from City Council. Mayor Hasbmi 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 discuss this item was made by Council Member McCarthy and seconded by Council Member Avila. Motion carried, 6 ayes — 0 nays. City Engineer Shawn Napier told City Council that Planning and Zoning approved this item by a vote of 4 -0 with 1 member abstaining from the vote. A Motion to invoke the super majority rule and approve this item on the first reading was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 6 ayes — 0 nays. A Motion to return Council Member Frierson to the meeting was made by Council Member McCarthy and seconded by Council Member Grossnickle. Motion carried, 6 ayes — 0 nays. Council Member Frierson returned to the room. 11. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2011-052: 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 PARTS OF LOT LAND 3, CITY BLOCK 201, CITY OF PARIS, LAMAR COUNTY, TEXAS LOCATED AT 2246 BONHAM STREET, FROM A NEIGHBORHOOD SERVICE DISTRICT (NS) TO A GENERAL RETAIL DISTRICT (GR) 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 Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Jim Noble spoke in support of this zoning change. 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. Regular Council Meeting December 12, 2011 r #;Y gage 4 A Motion to discuss this item was made by Council Member Wright and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. Shawn Napier explained that this location had been operating for years without the proper zoning and it was not until the owner leased the property that they learned this fact. Mr. Napier said Planning and Zoning approved the zoning change by a vote of 6 -0. A Motion to invoke the super majority rule and approve this item on the first reading was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried 7 ayes — 0 nays. 12. Deliberate and act on the Re -Plat of Lot 1, 2, and 3, Block A, Hindman Park Addition, located in the 700 Block 41 s` Street S.W. Shawn Napier explained this re -plat would combine three lots into two lots and that both lots were both over two acres and zoned agriculture. He said this zoning change would allow single family homes to be constructed on the two lots. A Motion to approve this item was made by Council Member Wright and seconded by Council Member Avila. Motion carried, 7 ayes — 0 nays. 13. Deliberate and act on the Re -Plat of Lot 4, 5, 6, and 7, Block 10, Neagle Addition, located at 1744 South Church Street. Shawn Napier said this re -plat would combine four lots into one lot and take in a part of an alley and if approved, the alley would be abandoned and become part of the lot. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Avila. Motion carried, 7 ayes — 0 nays. 14. Second public hearing, first reading, and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DISANNEXING APPROXIMATELY 17.250 ACRES OF UNDEVELOPED LAND FORMING A PORTION OF THE NORTHEAST BOUNDARY OF THE CITY OF PARIS; SOUTH OF CR 42350 (SMALLWOOD ROAD) AND EAST OF WILDWOOD LANE, PARIS, LAMAR COUNTY, TEXAS IN RESPONSE TO A PETITION FOR DISANNEXATION FILED BY PROPERTY OWNERS BOB AND MARTHA CROCKETT; MAKING A FINDING WITH REGARD TO THE VALUE OF CITY SERVICES PROVIDED TO THE AREA COMPARED TO PROPERTY TAXES PAID BY THE AFORESAID DISANNEXED LANDOWNERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. It 108 Regular Council Meeting December 12, 2011 Page 5 Mayor Hashmi said that Council Member Grossnickle had asked to be recused during consideration of this item. A Motion to recuse Council Member Grossnickle was made by Council Member McCarthy and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. Council Member Grossnickle left the room. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Mayor Hashmi asked for anyone wishing to speak in opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. Shawn Napier stated this was the second public hearing and that the first public hearing was conducted December 5, 2011. Mr. Napier said action could be taken on this item at the January 9, 2012 City Council meeting. A Motion to return Council Member Grossnickle to the meeting was made by Council Member Frierson and seconded by Council Member Wright. Motion carried, 6 ayes — 0 nays. Council Member Grossnickle returned to the room. 15. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2011-053: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ALLOWING THE CITY OF PARIS TO TAX TANGIBLE PERSONAL PROPERTY TEMPORARILY WAREHOUSED IN THE CITY AWAITING SHIPMENT TO OTHER LOCATIONS WITHIN OR WITHOUT THE STATE OF TEXAS, ("GOODS - IN- TRANSIT "); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A SEVERABILITY CLAUSE, 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. Mayor Hashmi asked for anyone wishing to speak in opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. Gene Anderson said that in 2007 the City Council passed an ordinance to continue taxing these goods and that the recommendation was to continue to tax the goods. He said failure to do so, would cost the City approximately $104,000 per year. A Motion to invoke the super majority rule and approve this item on the first reading was made by Council Member Pickle and seconded by Council Member Avila. Motion carried, 7 ayes — 0 nays. 16. Deliberate and act on RESOLUTION NO. 2011-088: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AUTHORIZING THE PARIS VISITORS AND CONVENTION COUNCIL TO USE THE RODEO ARENA AT THE RED RIVER VALLEY FAIR GROUNDS FOR A PROFESSIONAL BULL RIDING RODEO EVENT TO BE HELD MAY 25,2012; GRANTING ADDITIONAL ACCESS Regular Council Meeting December 12, 2011 'Puke 6 TO RODEO ARENA SIX DAYS PRIOR TO THE EVENT AND TWO DAYS AFTER THE EVENT FOR SETUP AND CLEANUP; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mindey Moree from the Visitors Convention & Council asked that VC &C be authorized to bring the first ever Professional Bull Riding -Rodeo Event to the Red River Valley Fair Grounds Arena. Ms. Moree said the agreement would be with Mr. Lee Podon/D &H Cattle Company and the cattle company would provide liability insurance. She also said this event would stimulate the local economy by bringing in about 3,000 people to the city. A Motion to approve this item was made by Council Member Wright and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 17. Deliberate on new equipment in the Public Works Department. Mayor Hashmi displayed several photographs taken at the Public Works Department. He said he did not display the photos to embarrass anyone, but wanted to stress the importance of cleaning up the yard at Public Works. Mayor Hashmi said that he had asked that the yard be cleaned up on three different occasions. He said that the vehicles should be fueled and cleaned everyday upon return to the yard. Mayor Hashmi also said a piece of new equipment had been purchased for the Public Works Department and that he wanted to ensure everyone that it was going to be kept clean and well maintained. Mayor Hasbmi asked Public Works Director Ron Sullivan if he would like to comment. Mr. Sullivan said a lot of the vehicles went out during the night on work assignments. He said that Public Works would take better care of the equipment and during the budget year would develop a plan. 18. Deliberate and provide direction on the changing of Alert Notification Systems for the City of Paris. Chief Hundley told City Council the only issue with CodeRED was the high cost and the lack of text messaging or e-mail capability. He said that "WENS" Wireless Emergency Network was less expensive and received favorable reviews from references. A Motion to discuss this item was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. Council Member Pickle inquired if a convenience store was robbed, would there be an alert system that could notify other convenience stores as to what was going on. Chief Hundley answered in the affirmative. 1440 Regular Council Meeting December 12, 2011 Page 7 A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 19. Deliberate and act on RESOLUTION NO. 2011 -089: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MELBA HARRIS AS A MEMBER OF THE FIRE FIGHTERS' AND POLICE OFFICERS' CIVIL SERVICE COMMISSION OF THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Gene Anderson said that Howard Corriston's term on the Civil Service Commission expires December 31, 2011. Mr. Anderson stated that City Staff contacted Mr. Corriston and that he did not wish to serve another term. Mr. Anderson said that Melba Harris was agreeable in serving in this capacity and had previous experience. Council Member Wright said he would like discussion on this item. A Motion to discuss was made by Council Member Grossnickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. Council Member Wright wanted to know where this vacancy was advertised. Mr. Anderson said that applications were on the web -site. Council Member Wright said in the future he would also like for board vacancies to be in the newspaper. Mr. Anderson said that staff would notify the newspaper in the future. Council Member Grossnickle spoke very highly of Melba Harris. A Motion to appoint Melba Harris to the Commission was made by Council Member Grossnickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 20. Deliberate and act on RESOLUTION NO. 2011 -090: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN AGREEMENT WITH THE TEXAS PARKS & WILDLIFE, FOR A RECREATIONAL TRAILS GRANT FOR EXTENDING THE TRAIL DE PARIS WEST FROM 8TH STREET SE, THE CURRENT TRAIL END, ALONG THE RAILROAD RIGHT -OF -WAY TO 4TH STREET SW. THIS PROJECT WILL BE THE FIRST RAILS TO TRAILS PROJECT IN PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Shawn Napier said the City of Paris was awarded a Recreational Trail Grant from Texas Parks and Wildlife and the proposed route would extend the Trail de Paris from SE 8d' Street West to SW 4t' Street. Earl Erickson said this project would be the first Rails to Trails Project in Paris. City Council expressed their appreciation to Mr. Erickson for all of his hard work on this project. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. Regular Council Meeting December 12, 2011 Page 8 21. Deliberate and act on RESOLUTION NO. 2011 -091: A RESOLUTION OF THEcH41 COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING FINAL PAYMENT TO 911 RESTORATION AND CLOSING THE CONTRACT FOR PHASE I OF THE HAZARDOUS MATERIALS REMEDIATION OF THE GRAND THEATER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Shawn Napier said the City of Paris was awarded a $200,000 EPA Brownfield Grant to clean up the Grand Theater. He said the City's match for the grant was $40,000, for a total budget of $240,000. He also said that 911 Restoration did complete Phase I of the hazardous materials remediation of the Grand Theater and had completed work according to the contract. Mr. Napier said the remaining fund balance was just over. $76,000 for Phase II. of the cleanup and some temporary construction work to facilitate the cleanup. Council Member Pickle inquired about the collapsed roof and Mr. Napier said the City had their insurance information and this was a separate item. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 22. Deliberate and act on RESOLUTION NO. 2011 -092: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A LANDSCAPE PARTNERSHIP PROGRAM AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT), FOR THE PLACEMENT OF CREPE MYRTLE TREES AROUND PORTIONS OF LOOP 286; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Shawn Napier explained that the Agreement with TxDOT would allow the City of Paris to plant and maintain the trees planted in the right -of -way of Loop 286. He also said that TxDOT had requested that the City mow the medians at least three times a year where the trees were planted. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. 23. Deliberate and act on RESOLUTION NO. 2011 -093: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE PROPOSAL FROM DUNHAM ENGINEERING, INC. FOR DESIGN AND INSPECTION PROFESSIONAL SERVICES FOR THE REHABILITATION OF THE EASTSIDE ELEVATED WATER STORAGE TANK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. - -1442 Regular Council Meeting December 12, 2011 Page 9 Public Works Director Ron Sullivan explained that the rehabilitation of the East Elevated Storage Tank was included in the Capital Improvements Budget. Mr. Sullivan said staff sent requests for qualifications to seven engineering firms for design and inspection and that staff received five responses. Mayor Hashmi asked for discussion. Council Member Wright asked if the firm was chosen because they were the low bidder. Mr. Sullivan said professional services could not be bid out. Mr. Sullivan also said Dunham Engineering was selected because they were best suited for the job; they specialized in this type of work and had performed the most recent inspections on this tank. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Frierson. Mayor Hashmi called for discussion on this item. Mayor Hashmi called for a vote on this item. Motion carried, 7 ayes — 0 nays. 24. Deliberate and act on RESOLUTION NO. 2011 -094: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE BIDS AND AWARDING THE CONTRACT FOR FURNISHING THE LABOR, MATERIALS, AND EQUIPMENT AND FOR PERFORMING ALL WORK REQUIRED FOR GROUNDS MAINTENANCE (MOWING) ON CITY OF PARIS PARKS AND FACILITIES TO THE LOWEST RESPONSIBLE BIDDER; OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Ron Sullivan said the Public Works Department had taken bids for the annual contract for grounds maintenance (mowing) on City of Paris Parks and Facilities. He said five bid packets were picked up, two bids were submitted and the low bid was from Chuck Ray d/b /a Ray's Lawn Services in the amount of $92,717. Mr. Sullivan said they did not receive a bid from a local company. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Avila. Motion carried, 7 ayes — 0 nays. 25. Deliberate and act on approval for a privacy barrier for the 82 West Park. Gene Anderson said that staff was seeking direction from the Council as to which alternative they preferred. Mr. Anderson said the wooden privacy fence would cost $8,800, the metal privacy fence would cost $6,600, 100 five gallon bushes would cost $1,895, and 100 ten gallon bushes would cost $4,795. A Motion for discussion was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. It Regular Council Meeting December 12, 2011 A iPsge 10 1443 Council Member Pickle said he preferred the five gallon bushes, because fences usually ended up with graffiti. He said once the bushes grew, they would be a good barrier. Council Member Frierson agreed with Council Member Pickle. Council Member Wright said he preferred a metal privacy fence. Council Members Avila, McCarthy and Grossnickle opted for the five gallon bushes, while Mayor Hashmi said he preferred the metal privacy fence. A Motion to purchase 100 five gallon bushes was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 5 ayes — 2 nays, with Mayor Hashmi and Council Member Wright casting the dissenting votes. 26. Deliberate, first reading and possibly act on ORDINANCE NO. 2011 -054: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A SIX MONTH MORATORIUM ON THE ISSUANCE OF CERTIFICATES OF OCCUPANCY FOR HEAD SHOPS, SMOKE SHOPS, DRUG PARAPHERNALIA SHOPS OR RELATED BUSINESSES LOCATED WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF PARIS, TEXAS; AUTHORIZING THE CITY MANAGER, POLICE CHIEF AND CITY ATTORNEY TO WORK WITH THE CITY BUILDING OFFICIAL AND THE ENGINEERING PLANNING AND DEVELOPMENT DEPARTMENT TOWARD DEVELOPING NEW REGULATIONS FOR HEAD SHOPS, SMOKE SHOPS AND DRUG PARAPHERNALIA SHOPS TO BE PRESENTED TO THE CITY COUNCIL; PROVIDING A PENALTY CLAUSE, SAVINGS CLAUSE, REPEALER CLAUSE, SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Chief Hundley told City Council that over the summer they had met the challenge of dealing with `legal' substances which produced severe health concerns for many of the people who tried them. He said that synthetic marijuana known as "K2" and "bath salts" use increased calls for city emergency service and local hospitals. Chief Hundley also said City Council approved an Ordinance on March 14, 2011 prohibiting the use and sell of K2 in the city limits. Chief Hundley asked the Council to issue a moratorium on the issuance of certificates of occupancy for businesses that engage in the sale of illegal smoking products, synthetic drugs or engaging in the sale of devices used to smoke, ingest, and/or inhale the substances. He said this would allow time for City Staff to review the ordinances as they relate to zoning for these types of businesses. A Motion for discussion was made by Council Member Pickle and seconded by Council Member Avila. Motion carried, 7 ayes — 0 nays. Council Member Grossnickle was in favor of strict zoning regulations. Council Member Wright inquired about the businesses in existence and Chief Hundley replied they would be grandfathered in. Council Member Avila said they needed to move forward with this moratorium. 1444 Regular Council Meeting December 12, 2011 Page 11 A Motion to invoke the super majority rule and pass this item on the first reading was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 27. Convene into Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about pending or contemplated litigation and/or on matters in which the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, clearly conflict with this chapter, as follows: • City of Paris, Texas vs. Housing Associates and Daniel Allgeir, 62nd Judicial District Court, Lamar County, Texas; Cause No. 77918. • Daisy Farms Raw Water Contract. Mayor Hashmi convened City Council into Executive Session at 7:22 p.m. 28. Reconvene into Open Session and possibly act on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 7:22 p.m. 29. Deliberate, and act on RESOLUTION NO. 2011 -095: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AUTHORIZING AND APPROVING A COMPROMISE SETTLEMENT AGREEMENT BETWEEN THE CITY OF PARIS, AND HOUSING ASSOCIATES, INC. AND DANIEL ALLGEIER IN CAUSE NO. 77918; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Hashmi said this item was discussed in Executive Session and asked if there was additional discussion. There was none. A Motion to approve this item was made by Council Member Pickle 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. None were referenced. Regular Council Meeting December 12, 2011 Page 12 31. 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 7:23 p.m. J ICE ELLIS, CITY CLERK