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02 City Council (2/10/03)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL Februaryl 0, 2003 The City Council of the City of Paris met in regular session, Monday, February 10, 2003, 6:00 P.M., Paris Junior College, Applied Technology Building, Room 1206, 2400 Clarksville Street, Paris, Texas. Mayor Michael J. Pfiester called the meeting to order with the following Council Members present: John F. Bell, Richard Manning, Joe E. McCarthy, Benny Plata, Francine Neeley, and Willie Weekly. Also present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham. Invocation was given by Richard Hart of the Christian Fellowship Church. Mayor Pfiester announced that the City Council had been furnished copies of minutes from previous meetings and asked if there were any corrections or additions, there being none, the minutes were approved as presented. City Manager Malone advised that the minutes from the Paris Public Library Advisory Board, Paris Economic Development Corporation, Building and Standards Commission, Historic Preservation Commission, and the Airport Advisory Board were included in the packet and did not require any action. The minutes of the Traffic Commission were also furnished with a recommendation of placing a No Parking Area in the 400 Block of E. Kaufman Street and placing stop signs at Abby Lane at Darnell Drive and Darnell Drive at North Hills Drive. ORDINANCE NO. 2003-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING THE TRAFFIC NO PARKING MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31-65 OF SAID CODE; ESTABLISHING A NO PARKING AREA IN THE 400 BLOCK OF E. KAUFMAN STREET, PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS Regular City Council Meeting February 10, 2003 Page 2 OF ORDINANCES 1N CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilwoman Neeley, seconded by Councilman Weekly, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2003-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED ADOPTED IN PARAGRAPH (b) OF SECTION 31-65 OF SAID CODE PLACING STOP SIGNS AT ABBY LANE AT DARNELL DRIVE AND DARNELL DRIVE AT NORTH HILLS DRIVE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Mayor Pro Tem Manning, seconded by Councilwoman Neeley, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for a report from the City Council Evaluation Work Committee. He said he appointed a committee consisting of Councilman McCarthy and Councilwoman Neeley to come up with a way to evaluate the City Manager and the City Attorney. He stated that, although he had not thought about including the Municipal Judge, the committee had included the judge. Councilwoman Neeley advised that out of all of the city employees there are only three that are employed by the City Council: the City Manager, the City Attorney and the Municipal Judge. The committee talked about this and determined that all three should be evaluated. The evaluation instruments for each of the three are slightly different. Regular City Council Meeting February 10, 2003 Page 3 Mayor Pfiester pointed out that the Municipal Judge is more of an appointed position. The City Attorney was hired by the City Council and Municipal Judge is appointed by the City Council and that typically is how it has been handled in the past. Councilwoman Neeley said that was correct if she understands the City Charter correctly. Councilman McCarthy pointed out that the Judge is appointed by the City Council as a whole. Mayor Pfiester said when you go into an employment contract you are changing past practices. City Attorney Schenk advised that the Municipal Judge at one time did have an employment contract. He advised that there are only three officials that are directly reportable to the City Council, and the Judge is one of those three officials. Mayor Pfiester stated he wanted everyone to know that this would be a change to what has been done in the past. Councilman Bell objected to politicizing the appointment of the Municipal Judge and felt that it should be a protected entity. He advised that the whole point of this exercise, the way he understands it, was to bring the evaluation process into play. Mayor Pfiester requested that Councilwoman Neeley explain the process that they used and the information used to create the contract. Councilwoman Neeley explained that she and Councilman McCarthy sent out inquiries to the Texas Municipal League, cities, and other governmental agencies requesting contracts and evaluation instruments. She said they looked at probably twenty different contracts. Those contracts were studied and they put together what they thought was a very good evaluation instrument and contract. They sent the evaluation instruments and contracts to Betty Lynn with the law firm of Karger, Key, Barnes & Lynn in Ft. Worth, Texas, for her study and recommendations. Councilwoman Neeley said this was done several times back and forth for amendments and corrections before coming up with the finished product. Councilwoman Neeley said even today the contracts were revised one more time. Councilwoman Neeley said they reviewed evaluation instruments and rating scales from the Texas Municipal League, other cities, companies in Paris, as well as one for teachers. She said they again cut, pasted, marked out, wrote in, took out until they came up with the instruments. Regular City Council Meeting February 10, 2003 Page 4 10 areas presently in the evaluation Councilwoman Neeley said they came up with a grid and evaluation score and decided 4 would be walk on water, 2 needs improvements and 1 unsatisfactory. When these are applied by seven Council Members you are not going to come up with a 2, 1 or 3; you will come up with a decimal number. The committee started with the highest, 4, and decided no one would get a 4. If someone got above a 3 they were more than satisfactory. They backed down five-tenths until they got to the 1.5 as being unsatisfactory. Ifa person between a 1.5 and a 2.4 they need to show improvement. If there is no improvement then that becomes an unsatisfactory rating the next time they are evaluated. Mayor Pfiester asked if someone's rating was 1.3 what would that be. Councilwoman Neeley stated clearly that was unsatisfactory and the contract would not be renewed. She explained that the contract is granted for a three-year period. This is a usual contract period for professional categories, cities, and contracts that are governed by boards. Councilwoman Neeley said the initial contract is granted for three years and then each year it will be looked at, either renewed for one year, or not renewed. At that time, if it is not renewed, they will still have two years left on a contract, but she was making the assumption that if a person does not get their contract renewed, they would be floating around knowing that everybody is ready for that person to leave or figuring how to retire, because they are not going to get a recommendation from the City of Paris on another job. Mayor Pfiester questioned how the contract would work if it was not renewed one year, asking if it could possibly be extended back to three years the next year. Councilman McCarthy said if a person gets a bad evaluation such as 1.3, that is not approval for the next year. The evaluation is going to point out areas where improvement is needed. Mayor Pfiester stated that he had discussed the Red River Valley Fair Association contract with Mr. Malone because the city is tied to a contract they cannot get out of unless they pay to get out of it. Mayor Regular City Council Meeting February 10, 2003 Page 5 ?fiester said the janitor has a contract for three years with an option to renew for two years. If the janitor wants to work longer the contract has to be renegotiated. He cited those examples, saying that he preferred a fixed term contract to one with a ~rolling" term such as the one proposed. He said he could not see in this mechanism an easy way to part company with someone by saying, no, your contract is up. He said the proposed contract seems perpetual. Mayor ?fiester said even the City Attorney does not like contracts that do not have an end. City Attorney Schenk advised that this contract does have an end. Mr. Schenk said there is a process that was talked about on the evaluation and the non-renewal puts an end to it. Councilwoman Neeley advised that the contract has a two year termination in it. Bell said one problem that all councils have had in the past and that citizens have is thinking that the City Manager runs the city. Mr. Bell said that he does not, that this council runs the city and sets policies. He said that the City Council tells the City Manager what to do. If you study the City Charter that is what is supposed to happen. There have always been council members who give department heads orders. It is not correct to go over the City Manager's head. Councilman Plata stated that the City Council receives the paperwork or disk on Friday night. He explained that, with his work schedule, on Saturdays and Sundays he doe not have the time to go over the agenda packet. There are times he votes on things that he does not get to explore. City Manager Malone advised that the Council Members always have city staff available 24/7 to answer questions, and most items that are on the agenda are routine items that the city council members are aware of because they have been referred previously. Mr. Malone cited, for example, the bids that are on the agenda tonight were placed on the agenda from last month. Councilwoman Neeley said she wanted to assure the citizens of Paris that she and Councilman McCarthy did not meet and fifteen minutes later have a document that they wanted to present. She advised that they spent a lot of hours working on these contracts. Councilwoman Neeley advised that the contracts came out of a discussion regarding why they were doing evaluations without Regular City Council Meeting February 10, 2003 Page 6 tying it to something. She stated that the reason that the evaluation should be tied to a contract is that these employees do not have the opportunity that anyone else that she knows of has, that is, to be evaluated in private. Everybody else that she knows gets evaluated in private and then it comes out that the evaluation was approved or satisfactory or unsatisfactory, but this is not aired out in public. Personal feelings are not allowed to come into the process. The City Council does this in an open meeting. Councilwoman Neeley told the City Council that every evaluation instrument they acquired for study and example was tied to a contract. Councilwoman Neeley asked that Gene Anderson, Director of Finance, be allowed to come forward and address items of concern in section 4.1 of the contract. She said there was also a revision to the contract regarding this same issue. Gene Anderson, Director of Finance, came forward and advised that the issues that were discussed with him by several council members had to do with comp pay and how that applied to the people involved with the contracts. Mr. Anderson explained that the current City Personnel Policy only addresses comp pay in one area, and that is on page 12 of the policy book. The context in which it addresses the issue is with non-exempt employees, that is, employees who are entitled to draw overtime. Exempt employees are employees who are not entitled to draw overtime, which in the case of the City of Paris is represented by department heads. Mr. Anderson said that under the Fair Labor Standard Act, exempt employees, which would include the city manager, city attorney and all the department heads, were not entitled to be paid overtime. So, in terms of their comp time, if their employment is terminated, they are not entitled to be compensated for any accumulated comp time. They get zero because city policies, as they are written, do not allow anybody except nonexempt employees (hourly)to be paid for that time if they leave the employment of the City of Paris. Mr. Anderson said the Fair Labor Standards Act divides people into two groups they are either exempt and not entitled to overtime, or they are nonexempt and they are entitled to overtime. For exempt employees of the City of Paris, when they leave the employment of the City of Paris, they are not entitled to be paid for Regular City Council Meeting February 10, 2003 Page 7 their comp time and the only way that could vary is if the City Council voted to do something different. Councilman Plata said he thought that when Earl Smith left the employment of the City of Paris, he received pay for comp time. Mr. Anderson advised that Mr. Smith did not get paid for any comp time that he had accrued. Mr. Anderson advised that Mr. Smith did have vacation time accrued and he did get paid for that. Mr. Anderson explained that under the policy, upon termination, an employee can only be paid for thirty days of vacation time. The policy does not prevent them from taking vacation time prior to the termination date. He explained that the other issue brought up was sick leave. The policy says people can be paid for sick leave if they are sick or someone in their immediate family is sick. The only exception to that rule are the civil service employees, which are policemen and firemen. Under civil service, they can be paid up to 90 days of sick leave when they leave the employment of the city. He said that no employee, other than civic service employees, are paid for sick leave when their employment is terminated. On the request of Councilman McCarthy, Mr. Anderson explained that once the city received Earl Smith's formal termination of employment he drew no pay. He was paid an amount of accumulated vacation time after he made his move. This was allowed because Mr. Smith was not replaced right away and the City needed him for several things such as his expertise in a lawsuit. There were several Engineering projects that required the services of a professional engineer in order to continue. Mr. Smith made numerous trips back to the city for meetings and he was not paid for the travel or for his time. City Attorney Schenk pointed out that on Page 4 of the revised contracts the words "sick leave", "compensatory time", and "all" before "accrued vacation" have been omitted. That portion now reads "shall be entitled to receive compensation for accrued vacation and all other compensation benefits afforded other City employees of similar longevity pursuant to the City's Personnel Policy" have been inserted. Regular City Council Meeting February 10, 2003 Page 8 Attorney Charles Waldrum came forward stating that he was representing Tenaska, which is one of the city's major tax payers. Mr. Waldrum advised that his client only received notice about 3:00 o'clock today that these items were going to come before the City Council. He said they did what they could do in a short period of time. He client has concern about entering into a situation that dramatically changes the ways things are being done without a thorough assessment of what is meant. The fact that the contract that Mayor Pfiester gave him a few minutes ago is not the latest contract is evidence that some Council Members have not had a chance to thoroughly read and understand the contract. Mr. Waldrum said that selecting our city leaders is very important and is not to be entered into lightly and certainly not entered into hurriedly. He said what his client would like to have done is to have this matter tabled so they could read the contracts that are going to be voted on and try to determine the impact they might have. Mr. Waldrum said he realizes that the City Council Members worked diligently on this and as a person who draws up contracts he knows how much trouble it can be. Mr. Waldrum said in the time limit that he has had to review this contract, there are six, eight, or ten serious problems with this contract, and this contract should not be approved as it is written. Mayor Pfiester said he would give Mr. Waldrum all the time he needed. Mr. Waldrum pointed out the automatic rollover aspect of things is such that if a city official, taking all personalities out of it, just looking at from an objective standpoint that you are unhappy with him, receives the lowest possible score, you are stuck with that person for at least two more years. The idea has come up that if the city official gets a bad rating he is going to be looking for a job. What will the official be doing during those two years? Mr. Waldrum stated that the official will be neglecting his position and neglect is not a basis for termination. He also pointed out that the only thing the official can be terminated for is willful and serious misconduct in the performance of his duties. Mr. Waldrum said he knew of no other job that is so safe that as long as the person is alive and not disabled, he can keep his job unless he does a willful and serious misconduct act. Regular City Council Meeting February 10, 2003 Page 9 Mr. Waldrum said that an evaluation at the level of 1.5 to 2.4, needs improvement, could continue for ten years and the City Council could not do anything about it. If the official did not seek to improve, City Council could not do anything about it as long as the official maintained a rating above a 1.5. Mr. Waldrum pointed out that the contract has a mistake where it says, ~the city official fails to receive an average composite evaluation rating of 1.5." He said he assumes the contract means in %xcess of 1.5" because if the official did not receive a 1.5 that is no good. This error needs to be corrected. Mr. Waldrum asked that these contracts be looked at to see if this is what the city really needs. He said the fact that so few people knew about them until today is another reason why the City Council should be slow in making a decision. Councilman Bell said the committee was appointed in a city council meeting approximately three months ago. The citizens did not pay attention to what was happening. This is not the first time he has seen people come forward saying that they did not know about something. He said nobody pays attention. This is not the first time it has come up and it is not a real good argument. Don Wilson, 3110 Stacy Lane, came forward telling the City Council that the major reasons for his attendance tonight have been addressed. He said that there has been major talk around town that there are employees in the city with a substantial amount of comp time. Based on previous things that have been said, the people might not have had all the information on this issue, but it is still there and there are so many different comments about it that there is a question whether ~is there smoke here, or is there fire?" Mr. Wilson advised that it has been said that the City Manager has thousands and hundreds of thousands of dollars of comp time built up. Mr. Wilson said you cannot take that lightly. He said there was the Earl Smith situation and what was done in that situation was done by the City Manager. Mr. Wilson directed his comments to Mr. Malone, stating that he left himself wide open by giving Mr. Smith more than what was said in the handbook, more than the 30 days, even knowing that he had all of this vacation time accrued. It would have been much better to simply say you were going to pay him for 30 days and then contract out with Mr. Smith. He said Regular City Council Meeting February 10, 2003 Page 10 another question that has come up is Beverly Lewis, the former Librarian, and you did not address her situation. Mr. Anderson advised that Ms. Lewis drew vacation time, not comp time after she left. She had over 3,000 comp hours that she was not paid for. He advised that the city used Ms. Lewis the same way they did Mr. Smith. The city did not have a Librarian for about nine months and Ms. Lewis was consulted by telephone, she prepared the following year' s budget and there was a lot of correspondence by mail and e-mail. Mr. Wilson said the point here is, are we entering into a contract that they will simply go up here and say you are telling us tonight that there is no comp time and only 30 days of vacation and no sick leave time, but when it actually happens, it is a different situation. Mr. Wilson asked that this be delineated out. He stated that, if Council is going to write this iron-clad contract in his favor, then Council should at least put it in writing that the Manager will be paid for 30 days vacation, no comp time, and no sick leave time. If that is what it is, spell it out in the contract instead of tying it to something else that could be misinterpreted later. Mr. Wilson said instead of rolling the contract forward two years, roll it to the next year. Mr. Wilson stated that the contracts should be tied down in both directions. Jim Bell, 4255 FM 195, came forward stating that he agrees with Charles Waldrum that this item needs to be tabled to a future specific date. It needs to have public hearings. The contracts should be published, and the city should get input for the citizens because this City Council is tying the hands of future City Councils. He said if you are going to have a multi-year contract, go ahead and put in a buy-out figure so that the contract can be terminated, so that the person can be terminated immediately with a 10% payment, 20% payment or something reasonable for the remaining time on the contract. Mr. Bell gave as his reason for saying this as the circumstances that occurred when former City Manager David Doty was terminated and was paid approximately $100,000.00 to get him to exit. Mr. Bell said he did not think that as a city and a Council they should go back and revisit those issues. Mr. Bell said Mike Malone agreed to go to work for the City of Paris without a contract because he did not at any point want the City Council not to feel that he was earning his job. He wanted to know what the Regular City Council Meeting February 10, 2003 Page 11 purpose of the contract was and to what the City Council is looking for in a contract, to establish ground rules for somebody that might replace Mr. Malone. He did not see the need for a contract. The city has done exceedingly well with what they have, but if the City Council has got to have a contract, go back to the issues that Mr. Waldrum and Mr. Wilson have brought up. Gary O'Connor, 4505 Choctaw Lane, was present complimenting all of the City Council members for the amount of time that they invest in their jobs. Mr. O'Connor stated that he basically agreed with what the previous two speakers have said. He said that he had lived in Paris for twenty years and during those years there have been multiple situations where employees, city managers and city attorneys, did not follow the wishes of the City Council and it was expensive to get the employees to step down. Mr. O'Connor felt it was important that there be a balance between providing the kind of continuity and at least some degree of job security for a professional to assume one of these management positions, but at the same time, to make it clear that they serve at the will of the City Council. Mr. O'Connor felt a three year contract is overly generous and the fact about all you have to do under this contract is to show up for work and not break any major laws. He thought a higher standard of accountability is in order. Ed Seidle, 1363 Pine Bluff, was present suggesting that the City Council table this matter in order to get a real study done. Mr. Seidle said this was no way to do business, and he was not sure why this has to be rushed through tonight. Mr. Seidle said that when they were doing the survey for the new police building, and those folks came from Dallas to do a study of the City of Paris, the town was found to be growing less than one hundred people in the last ten years. He said the county is growing at a much larger rate and he suggested finding out why. Mr. Seidle again requested the City Council to table this matter. A. W. Clem, Attorney, appeared before the City Council stating that he was asked to take a look at this contract. Mr. Clem said he felt that the public would like time to read these contracts and see what they say, and he would also like a chance to look at the contract. Regular City Council Meeting February 10, 2003 Page 12 After discussion, a motion was made by Councilman Plata to table action on agenda Item No. G-3.a, a resolution approving and authorizing the Mayor to execute and the City Clerk to attest to a Professional Services Agreement and accompanying evaluation instrument with the City Manager of the City of Paris; Agenda Item No. G-3.b, a resolution approving and authorizing the Mayor to execute and the City Clerk to attest to a Professional Services Agreement and accompanying evaluation instrument with the City Attorney; Agenda Item G-3. c, a resolution approving and authorizing the Mayor to execute and the City Clerk to attest to a Professional Services Agreement and accompanying -evaluation instrument with the Municipal Court Judge of the City of?aris. The motion was seconded by Councilman Bell, and the motion carried 6 ayes, 1 nay, Mayor Pro Tem Manning voting no. After discussion of possible dates that the matter could be deferred to, Mayor Pfiester announced that he was setting a special meeting of the City Council for Monday, February 17, 2003. At 7:46 P.M. Mayor Pfiester announced that the City Council would take a short break. Mayor Pfiester reconvened the meeting at 8:03 P.M. City Manager Malone announced that the City Council had received minutes from the City Council Water & Sewer Subcommittee with no action being required. Mayor Pfiester announced that the next item on the agenda was receipt of a petition for annexation of approximately 11.316 acres, more or less, known as The Hills No. 3. A motion was made by Councilman Bell, seconded by Councilman McCarthy, to receive the petition for annexation of approximately 11.316 acres, more or less, known as The Hills No. 3. The motion carried 7 ayes, 0 nays. Regular City Council Meeting February 10, 2003 Page 13 Resolution No. 2002-026, granting a petition for annexation of certain territory consisting of 11.316 acres, more or less; making other findings and provisions related to the subject, and providing for an effective date, was presented. A motion was made by Councilman Plata, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2002-005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING SECTION 26-1 OF SAID CODE TO AUTHORIZE THE STAFFING LEVELS DEPARTMENT; REPEALING ALL ORDINANCES ORDINANCES IN CONFLICT HEREWITH; AND EFFECTIVE DATE, WAS PRESENTED. OF THE POLICE OR PARTS OF DECLARING AN Karl Louis, Police Chief, came forward explaining that they had looked into a shift staffing different from what they have had in the past in order to help in officer retention, to increase morale in the department, and hopefully to give the officers an opportunity to work off-duty j obs. Chief Louis said this would entail changing their shifts. They now work five eight-hour days. With the shift change, they will work three twelve-hour shifts one week, three twelve-hour shifts the next week, and one eight-hour day. Chief Louis said they were working eighty hours in the two-week pay period and it will not cost the city anything. This will give the officers three days off one week and four the next week. He said this would allow every officer in the department to be off at least one weekend day with their families. Mr. Louis explained that their call intake has gone up over the last few years; the arrest rate has gone up; and due to the economics, the city has lost some positions. The officers are working harder and doing more; they are under more stress; and he is starting to have officer retention problems. He advised that he has five officers in the process of leaving. He said he sent several officers to Sherman and other departments to ascertain how the shift schedule worked. Chief Louis said more and more police departments are going to this and every department they went to say the officers Regular City Council Meeting February 10, 2003 Page 14 love it and would not want to go back. He advised they found that in some of the cities, it saved money in overtime and sick leave. Chief Louis stated that the only expense the city will incur in implementing the program is an added payroll of three to five thousand dollars for the remainder of this year. This is because in changing to four shifts, instead of three, a corporal will be moved up to sergeant and a patrolman will be moved up to corporal. An additional six to eight thousand dollars would have to be budgeted for next year. Chief Louis said that the departmental vote on the twelve-hour shifts was 53 to 11, which indicates a majority in favor of the 12-hour shifts. After discussion, a motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Resolution No. 2003-027, ordering the regular municipal election for the City of Paris, Paris, Texas, to be held on the first Saturday in May 2003, same being the 3rd day of May 2003, between the hours of 7:00 A.M. and 7:00 P. M., by the qualified voters of Districts 4, 5, and 7 of the City of Paris, Paris, Texas, with early voting for the same being conducted in the City Hall Annex West from the 16th day of April 2003, through the 29th day of April 2003, Monday through Friday, between the hours of 8:00 A.M. and 5:00 P.M. for the purpose of electing the Council Members from each of said districts to serve as members of the City Council for the ensuing two years, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-028, approving and authorizing the execution of a Real Estate Purchase Agreement with the Lamar County Chamber of Commerce for the purchase of the City ofParis's three-tenths(3/10) interest in and to Lot 1, City Block 102 and Lots 2 and 2A, City Block No. 102-B, located at 1651 Clarksville Street, Paris, Texas, was presented. A motion was made by Councilman Plata, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Regular City Council Meeting February 10, 2003 Page 15 Resolution No. 2003-029, approving the Sublease Agreement between the Chamber of Commerce of Lamar County, Inc., and the Genealogical Society for a portion of the Santa Fe-Frisco Depot Building, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-030, accepting the Routine Airport Maintenance Program (RAMP) Grant, authorizing the execution of a grant agreement for TXDOT Project No. AM2003Paris, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-031, approving and authorizing the execution of Amendment No. 1 to the Texas Community Development Program Contract No. 719068, was presented. A motion was made by Councilman Bell, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-032, approving changing the regular Monday meeting of the City Council scheduled for March 10, 2003, and the same is hereby consolidated with the regular Thursday meeting of the City Council scheduled for March 6, 2003, at 6:00 P.M., was presented. A motion was made by Councilwoman Neeley, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-033, endorsing certain legislative changes to S.B. 7 supported by Cities Aggregation Power Project, Inc., was presented. A motion was made by Councilwoman Neeley, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-034, approving a new Sub-Lease Agreement for the Paris Rodeo and Horse Club Concession Stand, which is a part of the grounds sublease between the Red River Valley Fair Association and the Paris Rodeo and Horse Club, was presented. A motion was made by Councilman Weekly, seconded by Regular City Council Meeting February 10, 2003 Page 16 Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-035, approving the purchase of a One ( 1 ) Model Year 2003 McNellus 20 yard Metropak Rear Loader with Cab and Chassis for use in the Sanitation Division of the Public Works Department through the Houston- Galveston Area Council of Governments, subject to the city obtaining acceptable financing terms from outside sources; authorizing the City Manager and the Director of Public Works to obtain such financing; authorizing the execution of a Lease Purchase Agreement and any and all other necessary documents related to the transaction of a Lease Purchase Agreement and any and all other necessary documents related to the transaction approved herein, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Manager advised that bids were opened on Tuesday, February 4, 2003, at 3:00 P.M., for Flexible Base Material (White Rock) and two bids were received, Martin Marietta Materials' bid was $8.15 per ton, and Jackie Wheeler Construction's bid was also $8.15 per ton. He said according to Texas statutes the municipality must select one of the bidders by the casting of lots, which was cast by City Attorney Schenk, resulting in Martin Marietta Materials winning the coin toss. Resolution No. 2003-036, awarding the bid for the purchase of Flexible Base Material (White Rock) for use in the Street Division of the Public Works Department to Martin Marietta Materials in the amount of $8.15 per ton, was presented. A motion was made by Councilman Weekly, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-038, accepting the bid of Coston & Son Concrete for the furnishing and delivery of Portland Cement Concrete for use in the various divisions of the Public Works Department, in the amount of $70.00 per cubic yard for Class ~A" and $73.50 per cubic year for Class ~C", was presented. A Regular City Council Meeting February 10, 2003 Page 17 motion was made by Councilman McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-039, accepting the bids of Ergon Asphalt & Emulsion for the furnishing and delivery of CRS-2 Emulsion Asphalt for use in the Street Division of the Public Works Department, in the amount of $0.7639 per gallon, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-040, accepting the bids of Martin Marietta Materials for the furnishing and delivery of Flexible Base Material (Red Rock) for use in the Street Division of the Public Works Department, in the amount of $7.95 per ton, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-041, accepting the bids of Richard Drake Construction Company, L.P. for the furnishing and delivery of Hot Mix Cold Laid Asphalt, Type ~B" (Fine Base) material for use in the Street Division of the Public Works Department, in the amount of $25.50 per ton, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-042, accepting the bids of Ergon Asphalt & Emulsions for the furnishing and delivery of SS-1 Emulsion Asphalt (Tack Oil) for use in the Street Division of the Public Works Department, in the amount of $0.7639 per gallon, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-043, accepting the bids of Richard Drake Construction Company, L.P. for the furnishing and delivery of Hot Mix Cold Laid Asphalt, Type ~A" (Coarse Base) material for use in the Street Division of the Public Regular City Council Meeting February 10, 2003 Page 18 Works Department, in the amount of $25.50 per ton, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-044, accepting the bids of Martin Marietta Materials for the furnishing and delivery of Aggregate Cover Stone (Type B, Grade 4, Uncoated) for use in the Street Division of the Public Works Department, in the amount of $14.25 per ton, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-045, accepting the bids of Richard Drake Construction Company, L.?., for the furnishing and delivery of Hot Mix Cold Laid Asphalt, Type ~F" (Fine Mixture), material for use in the Street Division of the Public Works Department, in the amount of $25.50 per ton, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-046, authorizing and directing the City Manager to execute on behalf of the City of?aris a Lease Purchase Agreement, upon such terms and conditions and in such form as approved by the City Attorney, at the price of $59,980.00 financing the purchase of one (1) model year 2003 4-wheel drive Extended-a-hoe for use in the Street Division of Public Works Department, subject to the City obtaining acceptable financing terms from outside sources; that the City Manager and the Director of?ublic Works be, and they are hereby, authorized and directed to seek and obtain acceptable financing terms for such purchase; that the City Manager, City Attorney, Finance Director, or other appropriate City Officials shall be, and they are hereby authorized and directed to execute any and all other necessary documents related to the transaction approved herein, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-047, approving and authorizing the execution of an Regular City Council Meeting February 10, 2003 Page 19 Interlocal Participation Agreement for the Texas Local Government Purchasing Cooperative, was presented. A motion was made by Councilman McCarthy for approval of the resolution. The motion was seconded by Mayor Pro Tem Manning and carried 7 ayes, 0 nays. Resolution No. 2003-048, authorizing and directing the City Manager to execute on behalf of the City of Paris, a purchase order for one (1) Ford F350 Type 1 Ambulance for a total purchase price of $84,895.00, which represents the cost of the ambulance, which is $90,522.00, plus the cost of the Texas Local Government Purchasing Cooperative fee, which is $800.00, less the value of the City's trade-in, which is $6,427.00, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-049, accepting the proposal of James McFatridge for a lease on property located on part of Lots 6 and 7, City Block 25 lA, located on N. Main Street, in the initial amount of $3,600.00 annual rental, payable in twelve (12) equal monthly payments of $300.00 each, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-050, authorizing and directing the City Manager to accept a deed from Paris Junior College to the property necessary for construction of the City of Paris Sports Complex with the provision that such property will revert back to Paris Junior College should the City of Paris cease to use the same for said Sports Complex, and under those other terms and conditions and in such form as approved by the City Attorney, was presented. A motion was made by Councilwoman Neeley, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-051, urging the Texas Congressional Delegation to support providing funding for President Bush's $3.5 Billion First Responder Initiative during the 108th Session of Congress, was presented. A motion was made by Mayor Pro Tem Manning for approval of the resolution. The motion was Regular City Council Meeting February 10, 2003 Page 20 seconded by Councilwoman Neeley, and carried 7 ayes, 0 nays. Resolution No. 2003-037, authorizing the City Manager and City Engineer to solicit proposals and negotiate a contract in accordance with State Law for Asbestos Removal at the UARCO Building, which will be converted to a Law Enforcement Center for Police, Court, and Jail Facilities; and similar Asbestos Removal at the City Hall Old Central Fire Station, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Attorney Schenk presented the following petition for rezoning: Leanne Sartor, Lot 4, City Block 255-A, from a One Family Dwelling District No. 2 to a Multiple Family Dwelling District No. 1. Mayor ?fiester referred the petition to the Planning and Zoning Commission for their study and recommendation at their meeting schedule for the first Monday in March. There being no further business, a motion was made by Councilman McCarthy, seconded by Councilman Weekly, to adjourn the meeting. The motion carried 7 ayes, 0 nays. ATTEST: MICHAEL J. PFIESTER, MAYOR MATTIE CUNNINGHAM, CITY CLERK