05-MINUTES FROM MEETING 3-14-11CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
03/18/2011
Originating Department:
Presented By:
Agenda Item No.:
Council Date:
03/28/2011
City Clerk
Janice Ellis
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RECOMMENDED MOTION:
Motion to approve as presented.
POLICY ISSUE(S):
Approval of Official Record of Council.
BACKGROUND:
Council Minutes from the meeting of March 14
, 2011.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
The attached minutes from the meeting
ACTION:
BUDGET INFO:
❑ Financial Report Z Minute Order
❑ D
Expense
$
epartment Report ❑ Resolution
❑ Presentation ❑ O
di
Budgeted Amt.
$
r
nance
❑ Public Hearin
❑ Other
y'I'D Actual
$
g
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑
Police ❑ Eng./Public Wotks ❑ Utilities
City of Paris Revised 2/04/08
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MINUTES OF THE REGiJLAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
March 14, 2011
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
March 14, 2011, at the City Council Chamber, ] 07 E. Kaufman, Paris, Texas.
Present: Mayor: Will Biard
Council Members: Joe McCarthy; Jason Rogers; John Wright; Stephen
Brown; Edwin Pickle; and Rhonda Rogers
City Staff: Gene Anderson, Interim City Manager/Finance
Director; Kent McIlyar, City Attorney; Janice Ellis,
City Clerk; Bob Hundley, Police Chief; Ronnie,
Grooms Fire Chief; Shawn Napier, City Engineer;
Priscilla McAnally, Library Director; and Steve
McFadden, Interim Public Works Director
Opening Agenda
Gall meeting to order.
Mayor Biard called the meeting to order at 5:34 p.m.
2. Invocation.
Pastor Charlotte Coyle gave the invocation.
3. Pledge of Allegiance.
Council Member Rhonda Rogers led the pledge.
4. Citizens' forum.
Barbara Doyal, 2010-17"' S.E. - asked for the status of the drainage ditch on S.E. 17`h
that runs from Lamar Avenue to Clarksville Street.
Kenneth Rogers, Pastor of St. Paul Baptist Church, 3115 Stacy Lane - asked that the
Council update the personnel policy with regard to racial discrimination.
James Price, NAACP President, 1230 Shiloh - encouraged the Council to review the
racial discrimination policy and make changes.
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March 14, 2011
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Charlotte Coyle, 3090 Oak Creek - reiterated Kenneth Rogers and James Price.
Edwin Pickle - he invited everyone to attend and help with the trash off sponsored by
Keep Paris BeautifuL He said that it was scheduled for Saturday, March 19th at 7:30 a.m. in the
Home Depot parking lot.
Consent Agenda
Mayor Biard inquired of Council Members if they wished to pu11 any items from the
Consent Agenda for discussion. There were none.
A Motion to approve the Consent Agenda was made by Council Member McCarthy and
seconded by Council Member Rhonda Rogers. The Council voted seven (7) for and none (0)
opposed to approve and adopt Consent Agenda Items 5, 6, 7& 8.
5. Deliberate and act on the approval of minutes from the meeting on February 28, 2011.
6. Receive and deliberate on reports and/or minutes from the following boards,
commissions, and committees:
a. Paris Board of Adjustment minutes (l ll2/2010 and 11/912010)
b. Airport Advisory Board minutes (1 /20/2011)
c. Paris Historic Preservation Commission minutes (2/14/2011)
7. Deliberate and act on Resolutions accepting bids and awarding contracts for the purchase
of roadway materials required by the Public Works Department of the City of Paris
during the twelve month period beginning April 1, 2011, and authorizing the City
Manager to negotiate and execute all necessary documents.
RESOLUTION NO. 2011-017: A RESOLUTION OF THE CITY GOUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE
"A" (COARSE BASE) MATERIALS TO R.K. HALL IN THE AMOUNT OF $53.84
PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF
PARIS.
RESOLUTION NO. 2011-018: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDiNG THE
CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B,
GRADE 4, UNGOATED) TO SMITH BUSTER CRUSHED STONE IN THE
AMOlTNT OF $19.85 PER TON, FOR USE IN THE PUBLIC WORKS
DEPARTMENT OF THE CITY OF PARIS.
RESOLUTION NO. 2011-019: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
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CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B,
GRADE 5, UNCOATED) TO RICHARD DRAKE CONSTRUCTION IN THE
AMOUNT OF $31.50 PER TON, FOR USE IN THE PUBLIC WORKS
DEPARTMENT OF THE CITY OF PARIS.
RESOLUTI4NNO. 2011-020: A RESOL,UTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B,
GRADE 5, COATED) TO R.K. HALL IN THE AlV10UNT OF $37.50 PER TON, FOR
USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS.
RESOLUTION NO. 2011-021: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE
"B" (FINE BASE) MATERIALS TO R.K. HALL IN THE AMOUNT OF $46.34 PER
TON, FOR USE IN THE PUBLIG WORKS DEPARTMENT OF THE CITY OF PARIS.
RESOLUTION NO. 2011-022: A RESOLUTION OF THE C1TY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF CRS-2 EMULSION ASPHALT FROM
ERGON ASPHALT & EMULSIONS IN THE AMOUNT OF $2.1261 PER GALLON,
FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS.
RESOLUTION NO. 2011-023: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE
"D" (FINE MIX) MATERIALS TO R.K. HALL IN THE AMOUNT OF $48.47 PER
TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS.
RESOLUTION NO. 201 l-024: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF FLEXIBLE BASE MATERIAL (RED ROCK)
TO SMITH BUSTER CRUSHED STONE IN THE AM:OUNT OF $9.85 PER TON,
FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS.
RESOLUTION NO. 2011-025: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF FLEXIBLE BASE MATERIAL (WHITE
ROCK) TO RICHARD DRAKE CONSTRUCTION IN THE AMOUNT OF $11.60 PER
TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PAR1S.
RESOLUTION NO. 2011-026: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF SS-1 EMULSION ASPHALT (TACK OIL)
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FROM ERGON ASPHALT & EMULSIONS IN THE AMOLINT OF $2.1261 PER
GALLON, FOR USE IN THE PUBLIC WORKS DEPARTMENT.
RESOLUTION NO. 2011-027: A RESOLUTION OF THE CITY COIJNCIL OF THE
CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF PORTLAND CEMENT CONCRETE IN THE
AMOUNT OF $79.00 PER CUBIC YARD FOR CLASS "A" (S SACK), $84.00 PER
CUB1C YARD FOR CLASS "C" (6 SACK), $81.00 PER CUBIC YARD FOR
PORTLAND CEMENT GROUT (5 SACK), AND $$6.00 PER CUBIC YARD FOR
PORTLAND CEMENT GROUT (6 SACK), FOR USE IN THE PUBLIC WORKS
DEPARTMENT OF THE C1TY OF PARIS.
RESOLUTION NO. 2011-028: A RESOLUTION OF THE CITY COUNCIL OF THE
C1TY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE
CONTRACT FOR THE PURCHASE OF SAND TO R.K. HALL IN THE AMOUNT
OF $9.00 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE
CITY OF FARIS, TEXAS.
8. Deliberate and act on RESOLUTION NO. 2011-029: A RESOLUTION OF THE CITY
OF PARIS, TEXAS, APPROVING THE BID AND AWARDING THE CONTRACT
FOR THE REPLACEMENT OF CONCRETE CURB & GUTTERS, DRIVEWAY
APPROACHES AND REINFORCED CONCRETE SIDEWALKS IN THE C1TY OF
PARIS TO RICHARD DRAKE CONSTRUCTION, LP, THE LOWEST
RESPONSIBLE BIDDER.
Re2ular Ap-enda
9. Deliberate and act on the Final Plat of Lot l, Block A, C.P.S. 340 Addition, located at
2902 South Church Street.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Rhonda Rogers. Motion carried, 7 ayes - 0 nays.
10. Deliberate and act on the Preliminary Plat and Final Plat of Lot l, Block A, McCoin
Addition CB 170A, located at 2190 South Church Street.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Wright. Motion carried, 7 ayes - 0 nays.
11. Deliberate and act on the Master Plat, Preliminary Plat, and Final Plat of Lot l, Block A,
Loop 286 GBB Addition, located at 2015 Loop 286 N.E.
City Engineer Shawn Napier said he was pulling the final plat, because Plarming and
Zoning did not approve it. City Attorney Kent McIlyar informed City Council that they needed
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to talce formal action on the final plat pursuant to State Law, or the tinal plat would be
automatically approved within 30 days of the file date.
A Motion to deny the final plat was made by Council Meinber McCarthy and seconded
by Council Member Wright. Motion carried, 7 ayes - 0 nays.
A Motion to approve the Master Plat and Preliminary Plat was made by Council Member
McCarthy and seconded by Council Member Rhonda Rogers.
12. Second reading, deliberate and possibly act on ORDINANCE NO. 2011-004: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS,
AS HERETOFORE AMENDED, TO REZONE LOTS 5& 6, BLOCK 1, SMITH'S 2ND
ADDITION OT THE CITY OF PARIS, LAMAR COUNTY, TEXAS, ALSO KNOWN
AS 165 WEST CENTER STREET, FROM LIGHT INDUSTRIAL DISTRICT (L1) TO
A PUBLIC LANDS AND INSTITUTION DISTRICT (PLI) DIRECTING A CHANGE
ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Rhonda Rogers and
seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays.
13. Second reading, deliberate and possibly act on ORDINANCE NO. 2011-045: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING SECTION 21-7, LIMITATION ON BURIALS, OF ARTICLE I,
CHAPTER 21, OF THE CITY OF PARIS CODE OF ORDINANCES BY REVISING
SECTION 21-7 OF SAID CODE BY REVISING THE REQUIREMENT FOR BURIAL
DEPTH TO COMPLY WITH STATE LAW; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Wright and seconded by
Council Member Pickle. Motion carried, 7 ayes - 0 nays.
14. Deliberate and possibly act on RESOLUTION NO. 2011-030: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT WITH A REDISTRICTING
CONSULTANT TO ANALYZE THE 2010 CENSUS DATE AND TO ASSIST THE
CITY WITH REDISTRICTING IF NECESSARY; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE
DATE.
A Motion to bring this item from the table was made by Council Member Rhonda Rogers
and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays.
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Council Member Rhonda Rogers said that PJC had entered into an agreement with Guinn
& Morrison, and that the firm had already begun work. She also said that PJC and the Gity had
the same boundaries. Council Member Rhonda Rogers said that P1SD indicated that they wanted
to use the same firm as the City. Council Member Wright said he had spoken with Paul Trull
and it was his understanding that PISD was going to use Allison Bass and that they were less
expensive.
A Motion to accept the proposal in the amount of $12,500 from Allison Bass was made
by Council Member Brown and seconded by Council Member Wright. Motion carried, 7 ayes -
0 nays.
15. Deliberate and possibly act on RESOLUTION NO. 2011-032: A RESOLUTION OF
THE CITY COUNCIL OF THE C1TY OF PARIS, TEXAS, APPROVING A CHANGE
ORDER NO. ONE TO THE CONTRACT FOR THE CONSTRUCTION OF THE
TRAIL DE PARIS EXTENSION PROJECT FROM S.E. 8TH STREET TO S.E. 12TN
STREET; 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 McCarthy and seconded by
Council Member Pickle. Motion carried, 7 ayes - 0 nays.
16. Deliberate on the hiring of a professional consultant to advise and coordinate the City's
efforts in hiring a new City Manager.
Gene Anderson asked City Council is they wanted to continue advertising the job or if
they wanted to consider using an outside consultant. Council Member Brown asked Mr.
Anderson if he had received any applications. Mr. Anderson answered in the affinnative and
said that he would be providing copies to the Council. Mr. Anderson also told Council he
welcomed their input on any changes to the job description. Council Member Wright said he
would like the job description to include pursuit of economic development. Council Member
Jason Rogers said he would like to it to include EOC experience. He also wanted to know if the
minimum qualifications could be changed to substitute education for a lesser number of years
experience. Council Member Rhonda Rogers asked that the requirement of a masters in public
administration be preferred. Mayor Biard agreed with Council Member Jason Rogers, in that the
job description be changed to include related work experience. Mayor Biard inquired Council if
they wanted to continue to advertise or hire a consultant. It was a consensus of City Council to
first review the applications being provided by Mr. Anderson. Mr. Anderson said that he would
make changes to the job description and e-mail it to Council for review and return to him with
any changes.
Mayor Biard asked for a Motion to move items 17 and 18 to the end of the Agenda. A
Motion to move items 17 and 18 to the end of the Agenda was made by Council Member
Rhonda Rogers and seconded by Council Member Jason Rogers. Motion carried, 7 ayes - 0
nays.
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19. Deliberate and provide direction to the City Manager on amending the City of Paris
Personnel Policies and Procedure Manual to include a new policy regarding
discrimination and/or racial harassment in the work place.
Council Member Jason Rogers said he had reviewed Gene Anderson's proposed policy
change. Council Member Jason Rogers said he would like the policy to include definitive
punishment. Council Members discussed suspension, punishment and the process for dealing
with complaints involving racial harassment and sexual harassment. It was a consensus of the
City Council that an employee who is investigated and is found to have committed harassment in
the work place, will receive three days off from work without pay for the first occurrence. If an
employee is investigated and found to have committed harassment in the work place, he or she
may be suspended or terminated for the second occurrence. It was also a consensus of the City
Council that an employee who is being investigated may be suspended with pay during the
investigation. They also agreed the employee who feels that he or she has been harassed must
file a written complaint within his or her supervisor. Once a written complaint is received by the
supervisor, the supervisor has three days to forward the complaint to the city manager and that an
investigation must be completed within thirty days of the city manager receiving the written
complaint. Mayor Biard asked Gene Anderson to make the changes discussed and bring the
amendment back to the next Council meeting.
20. First reading, deliberate and possibly act on ORDINANCE NO. 2011-006: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CHAPTER 21 BY ADDING A NEW ARTICLE VII, ILLEGAL
SMOKING PRODUCTS, TO PROHIBiT THE USE, PURCHASE, POSSESSION, AND
SALE OF THE SYNTHETIC CANNABINOID KNOWN OR SOLD UNDER SUCH
NAMES AS "K-2," "K-2 SUMMET," "K-2 SEX," "GENIE," "DASCENTS," "ZOHAI,"
"SAGE," "KO KNOCK-OUT 2," "SPICE GOLD," "SPICE DIAMOND," "YUCTAN
FIRE," "SOLAR FLARE," "PEP SPICE," "FIRE N' ICE," AND "SALVIA
DiVINORUM" FOR PUBLIC HEATLH AND SAFETY PURPOSES; PROVIDING A
REPEALER CLAUSE, A SAVINGS CLAUSE; A SEVERABILITY CLAUSE; A
PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Chief Hundley said that the police department had been watching for any problems
associated with K2 since discovering that it was being sold in the community. He also said they
had been in contact with the health care community and in the last two to three months, there had
been eight to ten adverse reactions. Chief Hundley stated that narcotics officers were seeing a
sudden and tremendous increase in the use of synthetic cannabinoids on the streets in Paris.
A Motion to invoke the super majority rule was made by Council Member Jason Rogers
and seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes - 0 nays.
A Motion to approve this item was made by Council Member Rhonda Rogers and
seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays.
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21. Deliberate and confirm the appointment of a Public Warks Director.
Gene Anderson explained that the City Manager appoints all city employees, but that the
City Council confizms department head appointments. He asked that City Council confirm his
selection of Ron Sullivan as Director of Public Works. Mr. Anderson said Mr. Sullivan was a
graduate of Texas A&M and a professional engineer. He also stated that Mr. Sullivan had a total
of 34 years experience, which included 3 Texas cities and the Texas Department of
Transportation. Council Member Wright asked who interviewed the candidates and Mr.
Anderson told him that he and Shawn Napier conducted the interviews. Council Member Jason
Rogers said he had a problem with the hiring process, but not the candidate.
A Motion to confirm the appointment was made by Council Member McCarthy and
seconded by Council Member Pickle. Motion carried, 6 ayes - 1 nay, with Council Member
Jason Rogers casting the dissenting vote.
17. Convene into Executive Session pursuant to Section 551.071 of the Texas Government
Code, Consultation with Attorney, to receive legal advice from the City Attorney about
pending or contemplated litigation and/or on matters in which the duty of an attorney to
his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with this chapter.
Mayor Biard recessed City Council at 6:54 p.m. and at 7:02 p.m. convened City Council
into Executive Session.
18. Reconvene into open session.
Mayor Biard reconvened City Council into open session at 7:26 p.m.
22. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
Council Member Rhonda Rogers reminded everyone about Lamar County Days in Austin
on April 5t' and 6`". Council Member Rhonda Rogers inquired which Council Members would
be attending Lamar County Days and whether or not the City was going to sponsor Council
attending Lamar County Days. Gene Anderson said that the City does normally sponsor this
event. Mayor Biard and Council Member Pickle said they would be attending, but indicated they
would be making their own arrangements. Council Member Rhonda Rogers and Council
Member McCarthy asked that city staff make arrangements for their attendance. Council
Member Jason Rogers asked Council Members making the trip, to please support the teachers.
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23. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Pickle and was seconded by Council Member Jason Rogers. Motion carried, 7 ayes - 0 nays.
The meeting was adjourned at 7:28 p.m.
WILL BIARD, MAYOR
JANICE ELLIS, GITY CLERK
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