City Council Regular Meeting

AGENDA RICHWOOD CITY COUNCIL Regular Meeting, Monday, January 9, 2017 Richwood City Hall 1800 N. Brazosport Blvd. Richwood, TX 77531 6:00 PM I. CALL TO ORDER II. INVOCATION III. PLEDGES OF ALLEGIANCE Pledge of Allegiance & Texas Pledge IV. ROLL CALL OF COUNCIL MEMBERS V. PUBLIC COMMENTS All public comments will be subject to the following rules: all speakers will be permitted to speak no longer than 3 minutes; all speakers will only be permitted to speak once; speakers cannot defer their 3 minutes to another speaker; the first five individuals who sign up for the public comment section will be permitted to speak VI. CONSENT AGENDA A. Approval of Minutes of Previous Meetings 3 B. Payment of bills 7 VII. DISCUSSION AND ACTION ITEMS A. Ordinance No. 411 - Establishing a No-Parking zone along the north and south 61 bound portions of the state right of way along Business 288B (N. Brazosport Blvd.) B. Charter Review Committee 63 C. Replat of a called .61 acre tract, JE Groce 5 League grant 68 D. Executive Session pursuant to Section 551.074, Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee; or to hear a complaint against an officer or employee: 1. City Manager E. Action as a result of executive session F. Approval of employment contract with Michael Coon, City Manager 70 G. Approve items removed from Consent Agenda VIII. REPORTS Reports that require no action. A. Finance Reports 75 IX. CITY MANAGER’S REPORT X. FUTURE AGENDA ITEMS XI. COMMITTEE REPORTS XII. COUNCIL MEMBER COMMENTS & REPORTS XIII. MAYOR’S REPORT XIV. ADJOURNMENT I, Karen B. Schrom, do hereby certify that I did, on post this notice of meeting on the bulletin board at 1800 N. Brazosport Blvd., Richwood, TX, in compliance with the Texas Open Meetings Law. _______________________________ Karen B. Schrom, City Secretary City of Richwood Minutes of Regular Meeting The City Council City of Richwood A Regular Meeting of the City Council of City of Richwood was held Monday, December 12, 2016, beginning at 12:15 PM in the Richwood City Hall, 1800 N. Brazosport Blvd. Richwood, Texas. I. CALL TO ORDER The meeting was called to order at 12:30 pm by Mark Guthrie, Mayor and presiding officer. II. INVOCATION The invocation was given by Bryan Corb, Police Chief. III. PLEDGES OF ALLEGIANCE The Pledge of Allegiance and the Texas Pledge of Allegiance were recited by those in attendance. IV. ROLL CALL OF COUNCIL MEMBERS Roll call showed the following members present: Mark Guthrie, Mayor and presiding officer Paul Raymond, Council, Position #1 Melissa Blanks, Council, Position #2 Lauren LaCount, Council, Position #4 Absent: Jarrod Beaty, Council, Position #3 Chris Hardison, Council, Position #5 A quorum was declared. Others present included Karen B. Schrom, City Secretary, Bryan Corb, Police Chief, Clif Custer, Public Works Director, Kenny Williams, Director of Permitting, Ron Cox, Jerry Barker, Michael Coon, Scott Albert, and Martin Mangum. 3  V. PUBLIC COMMENTS There was no one who wished to address Council. VI. CONSENT AGENDA On motion by Councilman Raymond, seconded by Councilman LaCount, with all members present voting aye, the items on the consent agenda were approved as presented. A. Approval of Minutes of Previous Meetings B. Payment of bills VII. DISCUSSION AND ACTION ITEMS A. Executive Session pursuant to Section 551.074, Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee; or to hear a complaint against an officer or employee: 1. City Manager Candidates Interviews Council entered executive session at 12:31 pm. Council exited executive session at 6:24 pm. B. Action as a result of executive session No action was taken. C. Charter Review Committee On motion by Councilman Raymond, seconded by Councilman LaCount, with all members present voting aye, it was duly adopted to appoint Sarah Harris, Justin Gatlin and Brian Allen to the Charter Review Committee. D. Replat of a called .61 acre tract, JE Groce 5 League grant The motion to replat died for a lack of a second. E. Executive Session pursuant to Section 551.074, Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee; or to hear a complaint against an officer or employee: 4  1. City Manager Position - Consider discussion and possible action regarding the City Manager Applicants Council entered executive session at 6:30 pm. Council exited executive session at 6:56 pm. F. Action as a result of executive session On motion by Councilman Raymond, seconded by Councilman LaCount, with all members present voting aye, it was duly adopted to offer the position of City Manager to Michael Coon. G. Approve items removed from Consent Agenda There were none. VIII. REPORTS Reports that require no action. A. Finance Reports Par for the period ending November, 2016 is 83% remaining. All departments are within par. IX. CITY MANAGER’S REPORT There was none. X. FUTURE AGENDA ITEMS Charter Review Calling Election XI. COMMITTEE REPORTS There were none. XII. COUNCIL MEMBER COMMENTS & REPORTS Councilman LaCount commented that Christmas in the Park was fantastic. Councilmen Raymond and Blanks thanked City staff and Mr. Cox for a job well done regarding the City Manager search and interim. 5 XIII. MAYOR’S REPORT Mayor Guthrie thanked everyone for all the hard work in making Christmas in the Park a success. He reminded everyone that safety is important. He thanked everyone for making the transition so seamless. XIV. ADJOURNMENT With no further business to discuss, the meeting was adjourned at 7:10 pm. APPROVED BY A MAJORITY VOTE OF COUNCIL ON JANUARY 9, 2016. ________________________________ Mark Guthrie, Mayor ATTEST: ________________________________ Karen B. Schrom, City Secretary 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 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60  ORDINANCE No. 411 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHWOOD, TEXAS ESTABLISHING A NO PARKING ZONE ALONG THE NORTH AND SOUTH BOUND PORTIONS OF THE STATE RIGHT-OF-WAY ALONG BUSINESS 288 (N BRAZOSPORT BLVD), IN THE CITY OF RICHWOOD, TEXAS; PROVIDING FOR A PENALTY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES TO THE EXTENT OF THE CONFLICT ONLY; AND PROVINDING FOR A SAVINGS CLAUSE. WHEREAS, for the safety and welfare of all beings in the City of Richwood, Texas, the City Council finds it in the best interest to establish a No Parking Zone along portions of the state right-of-way within city limits; and WHEREAS, the City Council of the City of Richwood, Texas has determined that a No Parking Zone along the north and south boundary of Business 288 (N. Brazosport Blvd.) is necessary in order to keep parked cars from blocking the vision of traveling traffic or causing obstruction from accessing city or state property at any time; and WHEREAS, a governing body of a municipality may enforce such regulation by adoption of an ordinance, and may impose a fine or penalty for the violation imposed or incurred under law or in accordance to an ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHWOOD, TEXAS: Section 1. No Parking Zone. That no person shall stop, park or leave standing an attended or unattended vehicle along portions of the state right-of-way. The following areas are designated as a No Parking Zone: a. along a portion of the state right-of-way between Farm Market Road 2004 and Timber Creek; that obstructs the vision of motorists exiting and entering drive ways and turning onto city streets; restricts access by emergency responders responding to an emergency in businesses and residences along this section of the highway. Section 2. Towing Enforced. That if the owner or operator of a vehicle is parked in violation of this ordinance, the Richwood Police Department has the discretion to tow the vehicle under the regulations of the city’s towing program ordinance and violator shall be charged the applicable towing fees. Section 3. Violation. Any person, firm, corporation, association or other entity that violates this ordinance may be fined as provided for in Section 1-6 of the Code of Ordinances of the City of Richwood. Each day of violation shall constitute a separate offense. Section 4. Severability Clause. Should any part, sentence, phrase or section of this ordinance be determined to be unlawful, void or unenforceable, the validity of the remaining portions of this ordinance shall not be adversely affected. No 61 portion of the ordinance shall fail or become inoperative by reason of the invalidity of any other part. All provisions of this Ordinance are declared to be severable. Section 5. Cumulative/Conflict Clause. This ordinance shall be cumulative of all provisions of ordinances of the City except where provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinance are hereby repealed. Section 6. Savings Clause. The repeal or amendment of any ordinance or part of ordinances effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue or as affecting any right of the City of Richwood under any section or provisions of any ordinance in effect at the time of passage of this Ordinance. Section 7. Repealed Clause. All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes effective which are inconsistent or in conflict with the terms and provisions contained in this Ordinance are hereby repealed only to the extent of such conflict. Section 8. Effective Date. This ordinance shall become effective immediately upon its passage and publication as provided by law. It is the intention of the City Council that this ordinance shall become a part of the existing Code of Ordinances of the City of Richwood and may be renumbered and codified therein accordingly. Any part of the existing Code of Ordinances in conflict with this ordinance is hereby repealed. Passed and approved this the 9th day of January, 2017. _____________________ Mark Guthrie, Mayor ATTEST: _______________________ Karen B. Schrom, City Secretary 62 MEMORANDUM To: The Honorable Mark Guthrie, Mayor and Members of the Richwood City Council From: Karen Schrom, Finance Director . Date: January 5, 2017 Subject: Charter Review Committee Included in your packet is Kevin Moriarty’s application for the Charter Review Committee. Mr. Moriarty is the 4th applicant. The Charter requires we have 5 members. Once the Charter Review Committee completes their proposal, Council must approve them and place them on the ballot. We have to order the election at our regular meeting on February 13th. The official last day to order the election is Friday, February 17th. The order must contain the offices and any measures to be voted on, such as any Charter revisions. In short, we have 4 members for a board that is required to have 5 members and a short timeline. 63 64 65 66 67 MEMORANDUM To: The Honorable Mark Guthrie, Mayor and Members of the Richwood City Council From: Karen Schrom, Finance Director . Date: December 8, 2016 Subject: Replat of a called .61 acre tract, JE Groce 5 League Grant Enrique Romo is requesting this lot, located in the 1200 block of Brazosport Blvd, be replatting into 2 lots. His intention is to open a restaurant on this site. 68  ­ ­ ­ ­ 69 DAMIAN & ASSOCIATES ● ● ”  EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the “Agreement”), effective as of the __ day of January, 2017 (the “Effective Date”), is entered into by and between the City of Richwood, Texas (the “City”), and Michael Coon, an individual residing in the State of Texas (the “Employee”). The City and the Employee may be referred to singularly as “Party” or collectively as “Parties.” Recitals a. City wishes to offer employment to Employee in the role of City Manager; b. City seeks to define the relationship between the City and Employee in this Agreement; and c. Employee wishes to evidence his commitment to the City and its objectives. Agreement NOW, THEREFORE, in consideration of the foregoing premises and the respective agreements hereinafter set forth and the mutual benefits to be derived hereinafter, City and Employee hereby agree as follows: 1. Employment Term. The City hereby employs the Employee commencing on the Effective Date and ending one (1) year after the Effective Date; provided, however, the Agreement shall automatically renew or extend for consecutive terms of one (1) year, unless either Party gives prior written notice to the other Party of its desire to terminate the Agreement at least ninety (90) days prior to the expiration of the initial term or any renewal term (in any event, the “Term”). Notwithstanding the foregoing, the Parties shall have the termination rights as set forth herein. The Employee accepts such employment and agrees to perform the services specified herein, all upon the terms and conditions hereinafter stated. 2. Duties. The Employee shall serve in the position of City Manager for the City and shall report to and be subject to the general direction and control of the City Council or his or her designee. In such capacity, he shall be responsible for the day-to-day management of City and as directed by the City Council. The Employee shall perform such duties consistent with the Employee’s position, as well as other duties from time to time assigned to the Employee by City Council. The Employee acknowledges that he is subject to all policies contained in the City of Richwood Employee Handbook and all other policies that do not conflict with this Agreement. 3. Extent of Service. The Employee shall devote his full business time, attention, and energy to the City, and shall not be engaged in any other business activity in the public or private sector that competes with or detracts from his responsibilities with the City during the Term of this Agreement. In addition, Employee shall not engage in any act that constitutes a conflict of interest with his position with the City or any other act constituting a violation of Texas law. Employee is hereby appointed as agent for the City to the extent authorized by apparent authority and express authority. Page 1 of 5 70 4. Compensation and Benefits. As payment for the services to be rendered by the Employee hereunder during the Term of this Agreement, the Employee shall be entitled to receive the following: a. During the Agreement, Employee shall receive the following compensation for his services: i. Annual salary at the rate of Eighty-Four Thousand Dollars ($84,000.00) a year (the “Base Salary”), payable in accordance with the City’s standard payroll schedule; 1. In addition to the Base Salary, there will be a potential annual five percent (5%) deferred compensation based on a performance evaluation. a. Employee will have a quarterly evaluation with the Mayor. b. Employee will have an annual evaluation with City Council. 2. Any annual raise shall be tied to staff increases. ii. A two (2) to one (1) match of retirement benefits, such that for every One Dollar ($1) contributed by Employee towards any retirement plan, the City shall match with Two Dollars ($2), subject to the limit set forth by the Texas Municipal Retirement System, Employer’s policies regarding retirement benefits, and the Internal Revenue Service; iii. Vacation time in accordance with the City of Richwood Employee Policy, as it exists or hereafter amended; and iv. One (1) week of administrative leave. b. Employee shall be entitled to reimbursement of reasonable expenses incurred by Employee in accordance with such expense reimbursement policies of the City. This shall include reimbursement for Employee’s use of his personal cell phone while performing in his role for the City. 5. Termination. This Agreement may be terminated prior to any scheduled expiration of the Term as provided in this Article. The date upon which any such termination becomes effective shall be deemed the “Termination Date.” a. Termination by City for Cause. The City may terminate this Agreement if the Employee engages in any of the following conduct (termination for “Cause”): i. The breaching of any material provision of this Agreement which breach continues uncured for more than ten (10) days after written notice thereof is given to Employee; ii. Knowing and intentional misappropriation of funds or property of the City or its affiliates; iii. Engaging in conduct, even if not in connection with the performance of the duties hereunder, such as fraud, dishonesty, conviction (or a judicial finding of evidence sufficient to convict) of any felony or a misdemeanor involving moral turpitude, or the indictment for any felony or misdemeanor involving moral turpitude; Page 2 of 5 71  iv. Failing to comply with employment policies of the City that are promulgated from time to time by the City, provided, however, that City shall not be unreasonably arbitrary in its enforcement of employment policies with respect to Employee and said act(s) by Employee continues uncured for more than ten (10) days after written notice thereof is given to Employee; v. Death of Employee; and vi. Disability of Employee which prevents Employee from performing the essential functions of the position assigned under this Agreement, with reasonable accommodation, which period of disability exceeds twelve (12) weeks in full-time duration or its equivalent if leave is taken on an intermittent basis in any rolling twelve (12) month calendar year. Disability status may be determined in accordance with the disability and leave procedures promulgated from time to time by the City and in accordance with state and federal law. b. Termination by City With Cause. City may terminate this Agreement with cause in accordance with this Agreement. In the event this Agreement is terminated for cause, Employee shall not receive any further compensation. c. Termination by City Without Cause. City may terminate this Agreement at any time, without cause, upon written notice given to Employee; provided, however, that, and in each such case, City shall pay to Employee, in a lump sum, not later than ninety (90) days after the date of any such termination the equivalent of Base Salary for twelve (12) months, retirement benefit match of two (2) to one (1) in an amount equal to prior contributions by Employee as set forth in Section 4(a)(iii), and continued coverage of health insurance for a twelve (12) month period. d. Renewing Agreement. In the event City chooses not to renew this Agreement in accordance with the terms herein, City shall pay to Employee, in a lump sum, not later than ninety (90) days after the notice of non-renewal the equivalent of three (3) months Base Salary then in effect, retirement benefit match of two (2) to one (1) in an amount equal to prior contributions by Employee as set forth in Section 4(a)(iii), and continued coverage of health insurance for a twelve (12) month period. In the event Employee chooses not to renew this Agreement in accordance with the terms herein, or otherwise resigns, Employee shall not be entitled to any further compensation. 6. Payment Upon Termination. In the event this Agreement is terminated by City for Cause, City shall have no obligation to pay any additional sums to Employee. 7. Notices. All notices, requests, consents, demands, or other communications required or permitted to be given pursuant to this Agreement shall be deemed sufficiently given when delivered either (i) personally with a written receipt acknowledging delivery, (ii) by confirmed telefax, or (iii) within three (3) business days after the posting thereof by United States first class, registered or certified mail, return receipt requested, with postage fee prepaid and addressed to the following: Page 3 of 5 72  If to City: City of Richwood 1800 Brazosport Blvd. Richwood, Texas 77531 With Copy to: Jason Cordoba, City Attorney 208 Parking Way Lake Jackson, Texas 77566 If to Employee: Michael Coon ADDRESS HERE Lake Jackson, TX 77566 i. Any Party, at any time, may designate additional or different addresses for subsequent notices or communication by furnishing notice to the other Party in the manner described above. 8. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provisions shall be ineffective to the extent of such provision or invalidity only, without invalidating the remainder of such provision or any remaining provisions of this Agreement. 9. Assignment. This Agreement may not be assigned by the Employee. Neither the Employee, his spouse, nor their estates shall have any right to encumber or dispose of any right to receive payments under this Agreement, it being understood that such payments and the right thereto are nonassignable and nontransferable. 10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, the Employee’s heirs and personal representatives, and the successors and assignees of the City. 11. Parol Evidence. This Agreement (and any other agreements incorporated by reference herein) constitutes the sole and complete agreement between the Parties hereto as to the matters contained herein, and no verbal or other statements, inducements, or representations have been made to or relied upon by either Party, and no modification hereof shall be effective unless in writing, signed, and executed in the same manner as this Agreement; provided, however, that the amount of compensation to be paid to the Employee for services to be performed for the City may be changed from time to time by the Parties hereto by written agreement without in any other way modifying, changing, or affecting this Agreement and the performance by the Employee of any of the duties of his employment with the City. 12. Waiver. To be enforceable, any waiver must be in writing and executed by the Party against whom the waiver is sought to be enforced. Page 4 of 5 73 13. Governing Law. All issues and questions concerning the construction, validity, enforcement, and interpretation of this Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas. 14. Attorneys’ Fees. If any litigation is instituted to enforce or interpret the provisions of this Agreement or the transactions described herein, the prevailing Party in such action shall be entitled to recover its reasonable attorneys’ fees from the other Party or Parties hereto. 15. Drafting. Each of the Parties hereto acknowledges that each Party was actively involved in the negotiation and drafting of this Agreement and that no law or rule of construction shall be raised or used in which the provisions of this Agreement shall be construed in favor or against any Party Hereto because one is deemed to be the author thereof. 16. Confidentiality. Employee acknowledges and agrees that the terms, conditions, and the financial details of this Agreement are confidential and Employee agrees that he will not disclose the same to non-parties under any circumstances, unless compelled by law. By signing below, the Employee acknowledges that he has received, read, and agrees to adhere to the terms and conditions contained within this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first listed above. CITY: City of Richwood, Texas By: _________________________________ Mark Guthrie, Mayor EMPLOYEE _________________________________ Michael Coon Page 5 of 5 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119