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05 - City Council MinutesItem No. 5 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS August 19, 2019 The City Council of the City of Paris met for a special session at 5:30 p.m. on Monday, August 19, 2019, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Council Members: City Staff: Absent: Council Member: 1. Call meeting to order. Steve Clifford Renae Stone; Derrick Hughes; Linda Knox; Clayton Pilgrim; and Paula Portugal Gene Anderson, Finance Director; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Mike Vogel, Fire Chief, Kent Klinkerman, EMS Director; Doug Harris; Utilities Director; Jerry McDaniel; public Works Director, Carla Easton, City Engineer; Priscilla McAnally,, Library Director; and Clyde Crews, Fire Marshal Billy Trenado Mayor Clifford called the meeting to order at 5:30 p.m. 2. Convene into executive session pursuant to: a. Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice about (1) pending or contemplated litigation and/or (2) on matters in which the duty of an attorney to his or her client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with this chapter, regarding separation with city manager; and b. Section 551.074 of the Texas Government Code, Personnel Matters, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public official to -wit: separation with city manager. Mayor Clifford convened City Council into executive session at 5:31 p.m. Mayor Clifford reconvened City Council into open session at 6:20 p.m. and City Council recessed. Mayor Clifford reconvened City Council back into executive session at 7:08 p.m. 3. Reconvene into open session and possibly take action on those matters discussed in executive session. City Council Special Meeting August 19, 2019 Page 2 Mayor Clifford reconvened City Council into open session at 7:12 p.m., and read RESOLUTION NO. 2019-028: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A SEPARATION AGREEMENT BETWEEN THE CITY OF PARIS AND CITY MANAGER, JOHN GODWIN AND ACCEPTING HIS RESIGNATION FROM THE POSITION OF CITY MANAGER. A Motion to approve the resolution was made by Council Member Pilgrim and seconded by Mayor Clifford. City Attorney Stephanie Harris confirmed City Council was accepting John Godwin's resignation. Mayor Clifford called for a vote of the City Council. Motion carried, 6 ayes — 0 nays. 4. Discuss and possibly act on a Resolution regarding the suspension and removal of the city manager. A Motion to table this item was made by Mayor Clifford and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. 5. Convene into executive session pursuant to Section 551:074 of the Texas Government Code, Personnel ; Matters, to deliberate the appointment, employment, evaluation, reassignment duties, discipline, or dismissal of a public official to wit: appointment of a qualified person to perform the duties of the city manager. Mayor Clifford convened City Council into executive session at 7:13 p.m. 6. Reconvene into open session i and possibly act on a Resolution to appoint a qualified person to perform the duties of the office of the city manager. Mayor Clifford reconvened City Council into open session at 7:21 p.m. He said they discussed appointment of a qualified person to perform the duties of the office of the city manager. A Motion to appoint Gene Anderson as interim city manager was made by Council Member Knox and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 7. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pilgrim and was seconded by Council Member Portugal. Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 9:25 p.m. STEVEN J. CLIFFORD, MAYOR JANICE ELLIS, CITY CLERK MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS August 26, 2019 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, August 26, 2019, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Steve Clifford Council Members: Derrick Hughes; Renae Stone; Linda Knox; Paula Portugal; and Clayton Pilgrim City Staff: Gene Anderson, Interim City Manager/Finance Director; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Mike Vogel,•Fire Chief; Kent Klinkerman,-EMS Director; Doug Harris, Utilities Director; Jerry , McDaniel; Public . 3,- Works Director, Carla Easton, City Engineer; Priscilla McAnally, Library Director; and Clyde Crews, Fire Marshal Absent: Council Member: Billy Treriado Oj2ening Agenda 1. Call meeting to order. Mayor Clifford called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Portugal led the pledge. 4. Citizens' forum. No one spoke during citizens' forum. Consent A enda Mayor Clifford inquired of Council Members if they wished to pull any items from the consent agenda for discussion. There being none, a Motion to approve the consent agenda was Regular Council Meeting August 26, 2019 Page 2 made by Council Member Hughes, and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 5. Approve minutes from the meeting of August 12, 2019. 6. Receive reports and/or minutes from the following boards and commissions: (a) Love Civic Center Board (5-9-2019) (b) Main Street Advisory Board (7-9-2019) (c) Historic Preservation Commission (7-10-2019) (d) Building & Standards Commission (7-22-2019) (e) Paris Visitors & Convention Council Board (6-17-2019) (f) Paris Economic Development Corporation (7-23-2019) (g) Housing Authority (6-27-2019) 7. Receive July monthly financial report. 8. Receive July drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve the Final Plat of Lot 1, Block A of the Modern Pyramids Addition 170-C, located at 2735 S.'Church'Street. Re ular Agenda 11. Continue the public hearing;, discuss and act on an Ordinance regarding the petition of James O'Bryan for a change in zoning from a Single -Family Dwelling District (SF2) to Neighborhood Service (NS), in the Mayer Addition, Block 3, Lot 27, located at 3150 Bonham Street and 10 N.W. 32nd Street. Mayor Clifford said in order for this to be approved, it would require a super majority and they were short one council member. City Engineer Carla Easton said it had been sixty days since this zoning request had been before City Council, so staff needed to re -notice it. Mayor Clifford inquired of the city attorney if the public hearing needed to be closed, and Ms. Harris said it did not. 12. Conduct a public hearing, discuss and act on ORDINANCE NO. 2019-026: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO, 1710 OF THF.., CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AMENDED, SO AS TO REZONE CITY BLOCK 227-C, LOT 3, BEING LOCATED AT 659 N.E. 20TH STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A TWO-FAMILY DWELLING DISTRICT (2F) TO A FOUR -FAMILY DWELLING DISTRICT (417), DIRECTING A Regular Council Meeting August 26, 2019 Page 3 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. Ms. Easton explained that the applicant was asking for a zoning change so that a triplex could be constructed on the property. She said the property was currently zoned for a duplex, and that most surrounding properties were currently used for single-family residential. Ms. Easton also said that the Planning & Zoning Commission unanimously approved the zoning request. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. Robert Cate, 695-20" N.E., questioned why people were still building duplexes when single family homes were needed. He asked if a privacy fence could be put up between the properties, and Ms. Easton said she would look I at the ordinance to determine if there was required screening. Council Member Hughes inquired of Mr. Cate if he was supporting or opposing this zoning change reque'st.' Mr: Cate said he was not for it and was not against it. With no one,else speaking, Mayor Clifford closed the public hearing., 1. A Motion, to approve the zoning was made by Council Member Portugal and seconded by Mayor Clifford and Council Member Hughes. 1Vlotiori`:carried, 6 ayes — 0 nays. 13 Discuss and act on a change order to the Church Street reconstruction contract with Richard Drake Construction, increasing the amount by $136,294.65 and extending the contract=time by 57 calendar days.' f Ms. Easton said the 2017 street bond fund provided for resurfacing of Washington Street, and staff proposed adding Washington Streetmill and inlay to the Church Street project in order to complete the work this year. She explained this would save time and money under the bond program while achieving the improvements along Washington. Ms. Easton said it would also reduce the inconvenience to the neighborhood by completing the construction altogether. Ms. Easton also staff proposed to asphalt the gravel city owned lot at the corner of Church Street at Kaufrnan, because it was a good location to add paved parking spaces to serve downtown. Ms. Easton explained that Hubbard Street between Collegiate and Johnson Woods Drive desperately needed a complete resurfacing, and staff proposed adding that cost to the existing contract by change order. She further said RDC had provided a quote for the work and it was consistent with the pricing under the Church Street contract. Ms. Easton said the contract increase would be $136,294.65 and the project was under budget. Ms. Easton also said due to all of the rain this year, RDC had requested a contract time extension of 57 days. A Motion to approve the change order was made by Mayor Clifford and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 14. Discuss and act on appointments to various boards and commissions. Regular Council Meeting August 26, 2019 Page 4 Mayor Clifford said staff had advertised vacancies, and they had three applicants for three vacancies. He said Pat Conrad applied for the Building & Standards Commission; John Darst applied for the Traffic Commission; and Kari Daniel applied for the Main Street Advisory Board. A Motion to appoint the three applicants was made by Council Member Knox and seconded by Council Member Portugal. Motion carried, 6 ayes — 0 nays. 15. Discuss and act on RESOLUTION NO. 2019-030: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A PUBLIC HEARING FOR SEPTEMBER 3, 2019 ON THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2019-2020; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Under Section 50 of the City Charter and Section 102.006 of the Local Government Code, Interim City Manager Gene Anderson explained that they were required to adopt a resolution calling for a public hearing on the budget on September 3. A Motion to approve this item was made.by Mayor Clifford and seconded by Council Member Pilgrim., Motion carried, 6 ayes — 0 nays. i s, 16.1 Discuss and act on RESOLUTION NO., 2019=031: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXASXALLING TWO PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON,THE' CITY'S PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 2019=2020; MAKING OTHER FINDINGS' AND PROVISIONS RELATED TO THE SUBJECT;'AND PROVIDING AN EFFECTIVE DATE." Mr. Anderson said Section 140.010 of the Local Government Code required they hold two public hearings on the proposed City tax rate. He also said those hearings would be scheduled for September 3 and September 9. Mayor Clifford said they had to have these two public hearings, because technically they were raising taxes. Mr. Anderson said the tax income was increasing. Mayor Clifford confirmed the tax rate was staying the same but the property values were going up. Mayor Clifford confirmed if they decided to not raise taxes they would not need these public hearings. Gene Anderson said that was correct. Mayor Clifford said if they kept the budget neutral, they would have to cut about $500,000 from the budget. He also said if they chose not to raise the taxes they could, but Gene would have to figure where to cut $500,000 from the budget. City Attorney Stephanie Harris suggested they go ahead and call the two hearings so they would be covered either way. Council Pilgrim said the public needed a chance to give their input. Mayor Clifford said they could amend the budget after the fact, if they chose to do so. Regular Council Meeting August 26, 2019 Page 5 A Motion to call the two public hearings was made by Council Member Pilgrim and seconded by Council Member Hughes. Motion carried, 6 ayes — 0 nays. 17. Discuss and provide direction to staff to obtain information and provide a recommendation for an executive search firm or other firm to assist in the selection of a city manager and/or an interim city manager. Mayor Clifford said he thought they needed to institute the search for a permanent city manager, and engage the services of a search firm. He said they also needed to decide if they wanted to continue having Gene Anderson serve as interim city manager or if they wanted to launch a search for an interim. Mayor Clifford said an interim would cost a significant amount of money but they could pay Mr. Anderson a little more money to serve as interim. Council Member Pilgrim inquired about the cost of hiring a firm to search for a permanent city manager.` Mr. Anderson said he had contacted several firms and the cost was approximately $25,000 with a typical search taking about four months. Council Member Pilgrim confirmed that would include background checks of applicants, credential checks and a lot more information than they would be able to get together. Mr. Anderson explained that when firms gave their presentations, they would`outline their scope of work. Mayor Clifford inquired which firms would give a presentation. Mr. Anderson said he had contacted Ralph Anderson & Associates, Chris Hartung Consulting, Bakertilly, and Slavin Management Consultants. He said it would be easy to get proposals from five or six firms or more. Council Member Pilgrim said he favored looking at five or six and getting their credentials. Council Member Portugal said she had gotten on the Texas 'City Manager Association website and they had listed 17 or 18 firms. She also said she had written down a list of five, and her list wasalmost exactly the same as Mr. Anderson's list. Council Member Knox wanted to know how someone would apply who was not affiliated with the search firm. Council Member Pilgrim Clayton said if someone wanted to put their name in as an independent, they could take the resume and look at it. Council Member Hughes inquired if a person wanted to put their name in the hat, would they apply to the agency or would they apply to City. Council Member Portugal said she had never seen a firm that would not accept a person's application. She also said when the company knows what Council is looking for in a city manager, the company will advertise and take all of the applications received. Council Member Pilgrim wanted to know how soon they could get a proposal. Mr. Anderson said he thought they might be able to get a couple of firms to present in September, and that he could contact five or six regarding their schedules. Following additional discussion, it was a consensus of City Council to authorize Gene Anderson to contact the firms and get proposals for a search of a permanent city manager. Mayor Clifford said the second part was whether they wanted to look for an interim city manager or continue with Mr. Anderson as interim. Council Member Pilgrim said they should Regular Council Meeting August 26, 2019 Page 6 continue with Mr. Anderson and once they receive proposals with a timeline, maybe make a decision at that time 18. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mayor Clifford said he met with the fire people and it was a very interesting meeting. He said he learned at that meeting that Council has the ability to alter the fire codes in a way that might be more suited for the City of Paris. Mayor Clifford said they needed the input from professionals who know about fire code to make that sure public safety was not compromised. He encouraged them to meet with business leaders to try to come up with some common sense things. Mayor Clifford said Council would not have to act on anything until something was brought to them. He also said they could have separate codes for downtown, and there might be some things that could be done to make Paris more business friendly, while still maintaining the public safety. Gene Anderson invited everyone to the reception celebrating the 40"' anniversary of EMS scheduled for September 20 from 4:00 p.m. to 6:00 p.m. in the Council Chambers. 19. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Clifford and was seconded byCouncil Member Portugal. ,'Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 6:00 p.m. STEVEN CLIFFORD, M.D., MAYOR JANICE ELLIS, CITY CLERK