Loading...
01/23/2017MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS January 23, 2017 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, January 23, 2017, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Billie Lancaster; Billy Trenado; Matt Frierson; and Cleonne Drake City Staff: John Godwin, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Larry Wright, Fire Chief; Randy Tuttle Assistant Police Chief; Kent Klinkerman, EMS Director; Doug Harris, Utilities Director; and Jerry McDaniel, Public Works Director; Absent: Council Members: Aaron Jenkins & Steve Clifford Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Lancaster led the pledge. 4. Citizens' Forum. Larry Schenk, 3765 Dawn Dr. — he said he worked with a group of retirees last year in an attempt to get a COLA. Mr. Schenk said he realized he was late in that budget cycle and was here before them early this year to ask Council to consider giving a COLA to retirees in the upcoming budget year. He said retirees had not received a COLA in nearly ten years. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the consent agenda for discussion. There being none, a Motion to approve the consent agenda was Regular Council Meeting January 23, 2017 Page 2 made by Council Member Frierson and seconded by Mayor Hashmi. Motion carried, 5 ayes — 0 nays. 5. Approve minutes from the meetings on January 9, 2017 and January 11, 2017. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Historic Preservation Commission (12 -14 -2016) 7. Receive December monthly financial report. 8. Receive December drainage report. 9. Receive demolition and code enforcement activity reports. 10. Award the bid to Liberty National Bank to serve as the city's depository beginning March 1, 2017 and ending February 28, 2019. 11. Approve RESOLUTION NO. 2017 -003: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS IN SUPPORT OF IMMEDIATE ACTION FOR THE DEVELOPMENT AND IMPLEMENTATION OF CONSTRUCTION IMPROVEMENTS BY THE TEXAS DEPARTMENT OF TRANSPORTATION ON US HIGHWAY 271 BETWEEN TYLER AND PARIS, TEXAS AND POINTS NORTH; MAKING OTHER FINDINGS AND PROVISIONS AND DECLARING AN EFFECTIVE DATE. 12. Approve RESOLUTION NO. 2017 -004 A RESOLUTION REQUESTING THE SHERIFF OR CONSTABLE TO RE -SELL TAX FORECLOSED PROPERTIES IN ACCORDANCE WITH TEXAS PROPERTY TAX CODE SECTION 34.05. 13. Approve RESOLUTION NO. 2017 -005: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES AGREEMENT WITH RESOURCE MANAGEMENT AND CONSULTING COMPANY TO IMPLEMENT A CONTRACT ADMINISTRATION SYSTEM UNDER THE GENERAL DIRECTION OF THE TDHCA HOME PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Agenda 14. Discuss and act on waiving of permit and construction disposal fees for residential renovations within the City for a period of ninety days. Regular Council Meeting January 23, 2017 Page 3 Mayor Hashmi said at the last council meeting they decided to waive permit fees for renovation of residences in the Pine Bluff Street area and since that time, there had been an interest expressed from other districts in doing this. He also suggested they might want to waive the street usage fees for those disposing of the old material being taken from the house. Council Member Drake confirmed this would be for a period of ninety days. City Attorney Stephanie Harris interjected she began researching this issue but had not completed it. Mayor Hashmi said they could begin the program at a later date giving Ms. Harris time to complete the research. He said in the meantime if the City Attorney determines they cannot legally do this, then it would not be started. Council Member Frierson expressed concern about impact on the budget from waiving fees. Mayor Hashmi said when he spoke to Mr. Godwin that he was under the impression that it would not be enough to have an effect on the budget. Council Member Trenado said if it was legal that he wanted to help the people, as did Council Member Lancaster. If legal, A Motion to authorize the City to waive permit fees for residential renovations and associated street usage fees for disposal beginning February 15 was made by Mayor Hashmi and seconded by Council Member Lancaster. Motion carried, 5 ayes — 0 nays. 15. Discuss drainage issue located at 3915 Shannon Drive, and provide direction to city staff. Mayor Hashmi explained this item was previously discussed and at that time the City Attorney was consulted as to whether or not the City could work on this drainage problem on private property. He explained they were constantly having issues partly because the house built next to it was at a higher level, which was approved at that time. Mayor Hashmi asked the City Attorney for her opinion. City Attorney Stephanie Harris said after receiving more information about the proposed work and confirming that doing so was in violation of what the Texas Constitution specifically says under Article 3, Section 52(a) which states in part "the Legislature shall have no power to authorize any county, city, town or other political subdivision of the State to lend its credit or to grant public money or thing of value in aid of, or to any individual..." Based on her research, Ms. Harris said it was her opinion it was not something legal the City could undertake. Mayor Hashmi said there was some question about another property owner benefitting and inquired if that applied. Ms. Harris said the information she received was one or two property owners would benefit and that she did not see a legal avenue to do this work. Mayor Hashmi asked Mr. Godwin for his opinion and Mr. Godwin said based on the City Attorney's legal opinion he did not believe there was anything the City could do. 16. Discuss and act on ORDINANCE NO. 2015 -005: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 5, "ANIMALS AND FOWL" SECTION 5 -1 "DEFINITIONS," AND SECTION 5 -3 "ANIMAL CONTROL," OF THE CITY OF PARIS, TEXAS TO ESTABLISH `TEMPORARY' OWNERSHIP ALLOWING VACCINATION OF SHELTER ANIMALS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Regular Council Meeting January 23, 2017 Page 4 Assistant Police Chief Tuttle explained the Lamar County Humane Association had received private funding for administering kennel cough vaccinations for dogs brought into the shelter. He further explained they could not legally administer the vaccination without amending the ordinance to allow for temporary ownership. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Trenado. Motion carried, 5 ayes — 0 nays. 17. Discuss sanitation holiday collection, and provide direction to staff. City Manager John Godwin said at the City Council meeting of January 9, they discussed making changes to the collection schedule related to holidays and that there were several options. Following discussion, Mr. Godwin recommended using Wednesday and /or Saturday as a catch- up day, so that holidays would be shifted forward one day. A Motion to follow Mr. Godwin's recommendation was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 5 ayes — 0 nays. 18. Convene into Executive Session pursuant to: A. 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 her client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with this chapter, as follows: Cause No 86108, New Cingular Wireless PCS, LLC d/b /a AT &T Mobility v. City of Paris, et al, 62nd Judicial District Court, Lamar County, Texas. B. Section 551.087 of the Texas Government Code, (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1), as follows: • Prospect Sun Bird • Prospect Whittle Stick • Prospect Iron Rod Mayor Hashmi convened City Council into executive session at 5:54 p.m. 19. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Regular Council Meeting January 23, 2017 Page 5 Mayor Hashmi reconvened City Council into open session at 6:17 p.m. He said the City Attorney advised the Council on the pending lawsuit and they would follow the advice of the City Attorney. Mayor Hashmi also said the PEDC Director Michael Paris gave them an update on economic development prospects and more information would follow should those come to fruition. 20. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. Mayor Hashmi asked Mr. Godwin to gather information about an incubator without the use of public funds. 21. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Drake. Motion carried, 5 ayes — 0 nays. The meeting was adjourned at 6:18 p.m.