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06 CITY COUNCIL MINUTESCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 2-18-008 City Clerk Janice Ellis 6 Council Date: 2-25-2008 RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S~: BACKGROUND: Council Minutes from the meetings on February 11 and 14, 2008. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meetings of February 11 and February 14, 2008. ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance yTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ❑ Administration ,~f City Clerk ❑ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 _ _ . . _ t . _ , REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS February 11, 2008 The City Council of the City of Paris met for a regular session at 5:00 P. M. Monday, February 11, 2008, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Absent: l. Call meeting to order. Mayor: Jesse James Freelen Council Members: Kevin Gray; Stephen Brown; Will Biard; Don Wilson; and Bill Strathern, Mayor Pro Tem City Staf£ Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Lisa Wright; Priscilla McAnally, Library Director; and Doug Harris, Interim Director of Utilities Council Member: Mary Ann Fisher Mayor Freelen called the meeting to order at 5:20 p.m. 2. Pledge of Allegiance and Invocation. Pastor Paul Derringer gave the invocation and Council Member Stephen Brown led the pledge. 3. Citizens Forum. Ray Banks, 3450 Robin Road - he stated travel allowances should be based on miles driven. Billy Bell, 2054 Cleveland - spoke in opposition to the fencing ordinance. Sharon Reynerson, 2000 block of Cleveland - asked that Council consider rights of poor people when considering ordinances. Joe McCarthy, 1260 - N.E. 17" - spoke in support of car allowances. 4. CONSENT AGENDA Mayor Freelen inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. There were none. Council Member Wilson made a Motion to approve the Consent Agenda and Council Member Biard seconded the Motion. The Council voted r T Regular City Council Meeting February 11, 2008 Page 2 five (5) for and none (0) opposed to approve and adopt the Consent Agenda, Items 4A, 413(1), and 4B(2). A. Approval of minutes from previous City Council meetings. (1/14/08) B. Receipt of reports and/or minutes from committees, boards, and commissions: (1) Paris Economic Development Corporation. (12/17/07; 12/28/07) (2) Historic Preservation Commission. (11/26/07) Mayor Freelen announced that item 5 had been posted for 6:00 p.m. and that Council would return to that item after 6:00 p.m. Mayor Freelen moved to item 6. 6. Convene in Executive Session pursuant to [Section 551.071 ofthe Texas Government Code], Consultation with Attorney, to receive advice of legal counsel pertaining to pending or possible litigation and to receive advice legal counsel pursuant to the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding the following matters: A. Housing Infrastructure Grant State Funding Program for Eastgate Subdivision. Mayor Freelen convened Council into Executive Session at 6:02 p.m. Kevin Gray was not present when the Council Meeting started at 5:20 p.m.; however, arrived at the meeting during Executive Session and convened into Executive Session at 6:05 p.m. 7. Reconvene in Open Session to possibly discuss and/or take action regarding those matters discussed in the Executive Session. Mayor Freelen reconvened Council into Open Session at 6:20 p.m. and announced there was no action to be taken at the time. Mayor Freelen asked to be excused from the Council meeting, because his son had a school function. A Motion to excuse Mayor Freelen was made by Council Member Brown and seconded by Council Member Wilson. Motion carried, 5 ayes - 0 nays. Mayor Pro Tem Strathern took over the meeting and moved to item number 5. 5. Receipt of report from the Planning & Zoning Commission. T Regular City Council Meeting February 11, 2008 Page 3 A. ORDINANCE NO. 2008-005: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE N0.1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 1, CITY BLOCK 350, CITY OF PARIS, LAMAR COLJNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A PUBLIC LANDS AND INSTITUTIONS DISTRICT (PLI) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. Mayor Pro Tem Strathern opened the public hearing and asked for anyone speaking in favor of this item to do so. Dennis Chalaire of Chalaire Surveying, Inc., spoke in support of this item. Mayor Pro Tem Strathern asked for anyone speaking against this item to do so. With no one else speaking, Mayor Pro Tem Strathern closed the public hearing. Lisa Wright told Council this was the proposed site for the new Paris High School. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Gray. Motion carried, 5 ayes - 0 nays. 8. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2008-010: 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 BIDDERS; 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 Wilson and seconded by Council Member Biard. Shawn Napier explained bids were opened February 5, 2008, and recommended that K&B Lawn Care be awarded 37 properties in the amount of $73,210.40 and Powell Landscaping be awarded three properties in the amount of $1,428.00. Shawn stated that K&B's bid award was contingent upon receipt of the appropriate insurance. Shawn further stated should K&B not supply appropriate information, he recommended that Powell Landscaping be awarded five properties in the amount of $2,793.00 and K&G Lawn Care & Landscaping be awarded 29 properties in the amount of $77,429.00. . . _ r Regular City Council Meeting February 11, 2008 Page 4 Motion carried, 5 ayes - 0 nays. 9. Discussion of Casa Bonita Apartments and funding options for demolition. City Council discussed several options including going out for bids, taking one building down and determining the actual cost and exploring grant possibilities. After discussion, it was a consensus of Council to direct staff to obtain requests for proposals for demolition of one building to be selected from a choice of three buildings in varying stages of decline. Council directed staff to bring a plan to the February 25th meeting. 10. Discussion of and possible action on establishing a new procedure for appointments to the various boards and commissions within the City of Paris. Kent McIlyar explained the proposed establishment of new procedures for appointment to Boards, Commissions, and Committees as set out in Exhibit "A" attached. 11. Discussion and possible action on procedures, qualifications, and appointment of a Lake Pat Mayse Study Committee. Kevin Carruth told Council this item was on the Agenda to allow questions. He went on to say there was a special meeting scheduled for Thursday, February 14" to receive a presentation on future problem solvers techniques and their application to the Lake Pat Mayse Study Committee. Kevin also said this item would be on the February 25`h Agenda for consideration of appointments. 12. Discussion and action on establishment of car allowances for certain positions. Mayor Pro Tem Strathern said he would like Council to consider rescheduling items 12, 13 and 14 until all Council Members could be present. Council Member Wilson said he did not have a problem in rescheduling the items, if Council could get additional information. He inquired if the car allowances were considered as reimbursement of usage of personal cars or part of the compensation packages. Kevin Carruth said in the past they had been part of compensation, but that he understood that Council wanted them to be more in line with actual miles driven. Council Member Wilson asked Gene Anderson if car allowances were reflected in the way of 1099 forms. Gene said they were not. Council discussed whether nor not to reschedule the items, as well as obtaining additional information. A Motion to table the item was made by Council Member Wilson and seconded by Mayor Pro Tem Strathern. Council Member Brown asked for discussion. Council Member Biard said they needed to get these items resolved. Mayor Pro Tem Strathern said Council should not be deciding this issue every couple of years and there should be a policy in place. Kevin said policy would have to be set by Council. Council Member Brown said he would like to see a mileage log to help them determine the _ _ 1 Regular City Council Meeting February 11, 2008 Page 5 amount of car allowances. Council Member Brown and Council Member Wilson said the utilities director should be included on the list. Council Member Wilson asked Gene Anderson if a match was being paid on these car allowances and Gene answered in the affirmative. Council Member Biard wanted to know what positions were offered in way of a car allowance upon being hired. Kevin Carruth said the only two positions not offered a car allowance upon employment were the City Clerk and the City Attorney. Council further discussed the possibility of turning in mileage every month. A Motion to table the item was made by Council Member Biard and seconded by Council Member Wilson. Motion carried 4 ayes - 1 nay, with Council Member Gray casting the dissenting vote. 13. Discussion and action on establishment of unified non-civil service pay plan. A Motion to table items 13 and 14 was made by Council Member Brown and seconded by Council Member Wilson. Motion carried, 5 ayes - 0 nays. 14. Discussion and action on reclassification of certain positions. 15. Discussion and action on establishment of receptionist position. Kevin Carruth explained Council had indicated that this position was needed, because navigation through the automated telephone system was difficult for citizens. He stated this position would answer the main city telephone number and backup the Annex Secretary. He also said that if approved, the City Clerk's budget would be over budget. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Gray. Motion camed, 5 ayes - 0 nays. 16. Possible future agenda items. Kevin Carruth inquired of Council when they wanted to have the evaluations for the himself, the City Attorney and the Municipal Judge. Council elected to have the evaluations placed on the second meeting in March. Mayor Pro Tem Strathern wanted to know if the evaluations would be in Executive Session and Kent McIlyar responded they could be if the employee so desired. Council Member Biard stated that he would like items 9, 12, 13 and 14 be placed at the top of the Agenda for the February 25' meeting. 17. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Kevin Carruth reminded Council of the Employee Appreciate Banquet to take place on February 22"d at the Love Civic Center. Council Member Brown said he would not be able to attend Regular City Council Meeting February 11, 2008 Page 6 the banquet, because of a prior engagement. 18. Adjournment. There being no further business, a Motion to adj ourn was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 5 ayes - 0 nays. The meeting was adjourned at 8:12 p.m. JESSE JAMES FREELEN, MAYOR BILL STRATHERN, MAYOR PRO-TEM JANICE ELLIS, CITY CLERK - - . , EXHIBIT "A" . - 1 POLICIES AND PROCEDURES FOR STANDING 2 BOARDS, COMMISSIONS, AND COMMITTEES 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 MEMBERSHIP l. Except for the Paris Economic Development Corporation and Civil Service Commission, each committee shall be composed of seven members appointed to serve "at-will" by the City Council. As provided for in Texas Revised Civil Statutes Article 5190.6, Section 4A(c), the Paris Economic Development Corporation (HDC) shall be limited to five members. In addition, PEDC shall have two ex-officio members appointed by the Council. 273 As provided for in Cl-iapter 143 of the Texas Local Government Code, the Civil Service Commission shall be limited to three members. _~4.Committees shall include one Council Member liaison appointed as ex-officio members by a majority vote of the City Council. ,1:`-) .Committees shall include one or more City staff liaisons appointed as ex-officio members by the City Manager. 6_The Mayor and City Manager shall serve as ex-officio members to each committee. `r.-7 Ex-ofticio liaison members mav participate in diseussioils of the board, coinmission or committee but shall not participate in voting. QUALIFICATIONS 1. Qua.lifications for appointment and serving on a City committee shall include: a. No delinquent indebtedness to the City. b. No family relationship within the second degree by affinity (marriage) or within the third degree by consanguinity (blood) to any member of the city council or to the City Manager. c. No conflict between the appointee's private interests and duties and their interests and duties as a committee member. d. Attendance at a minimum of 75 percent of all regular meetings. 2. Appointees shall take an oath of office prescribed by the City Council prior to taking office. 3. Any qualifications mandated by slattite State law shall also apply. APPOINTMENT 8i TERMS l. Appointments shall be made at the first regular City Council meeting in F°A_pril• 2. Applications shall be made available to persons interested in serving on a City committee. City staff shall post notice and advertise that committee appointments will be made as well as distribute and collect applications. The City ~eei:e4~ Clerl` or their designee shall review each application for completeness and eligibility prior to the first regular Council meeting in February. 3. The Council shall select from the entire slate of eligible nominees. 4. Each appointment shall be for ~wetluee-years. City of Paris Board, Commission, and Committee Policies Revised 02-1-/?-508/08 _T. 46 I 5. To preserve the continuity of experience, #euf-two appointments each will be 47 made in °v°" "~tmb°-°a years one and two of the appointment cvcle and three 48 appointments in ^a~ numb°r°a years three. In the case of the Paris Economic 49 Development Corporation, t3+ee--two appointments will be made in even- 50 tiLiiiibefed years one and two of the appointment cycle and twe-one appointments 51 in °~rA i„',of a years three. 52 6. Appointments are contingent upon attending an orientation workshop covering 53 ethics, the Public Information Act, and the Open Meetings Act. The orientation 54 workshop shall be conducted prior to appointees taking the oath of office. 55 ~ 7. Appointees are limited to a maximum of thfee-two consecutive full terms on the 56 same committee. If an appointee has prior consecutive service as the result of 57 filling a vacancy, prior service shall not be included in the count of three, 58 consecutive full terms. Additionally, service on other committees shall not be 59 included in tlie count of three, consecutive full terms. 60 8. Appointees shall be limited to service on no more than one standing board, 61 commission, or committee with legislative authority at one time. Appointees are 62 not prohibited from serving on additional ad hoc committees or standing boards, 63 commissions, or committees that are purely advisory. 64 ES TRANSITION 66 1. The years of service of committee members serving on the same committee 67 immediately prior to the adoption of these policies shall not be counted in the 68 calculation of maximum service time on that committee. 69 I 2. The first appointments made after adoption of these policies shall include €et+r- 70 two one-year appointments. two two-vear apnointments, and three t-wetlu-ee-year 71 appointments,. 72 3. In recognition of the importance of maintaining a continuity of experience on the 73 I committee, one-year and two->>ear appointments made after adoption of these 74 policies shall be reserved for current committee members. In the event that there 75 are more than four eligible current committee members seeking reappointment, 76 Council shall make four appointments from among that group. This provision 77 shall not restrict the Council from reappointing more than four current members 78 to the committee. 79 4. Appointees to• a one-year or two-year transitional term shall be eligible to serve an 80 additional thy-e-e-two consecutive, full terms. 81 5. In the event that the first appointments made after the adoption of these policies 82 are made prior to the first regular council meeting in F-elbr•tiar~A ril 2008, those 83 terms shall be extended to include the time period prior to Febfuary-April 2008 84 and run through the next appointments in r°Apiil 2009. 85 SE> VACANCIES 87 l. Appointees to vacant positions will serve the remainder of their predecessor's 88 unexpired term. 89 2. Appointees filling vacancies shall meet with the City Secretary to review ethics, 90 the Public Information Act, and the Open Meetings Act prior to being sworn in. 91 ~ City of Paris Board, Commission, and Committee Policies Revised 0244280R/OR _.T