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05 - APPROVE MINUTES FROM CITY COUNCIL MEETINGS ON JANUARY 23, 2015 AND FEBRUARY 16, 2015Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS February 9, 2015 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, February 9, 2015, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Matt Frierson Council Members: Richard Grossnickle; Aaron Jenkins; Sue Lancaster; Benny Plata; Edwin Pickle; and A.J. Hashmi City Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Jerry McDaniel, Public Works Director; Larry Wright, Fire Chief; Bob Hundley, Police Chief, Doug Harris, Utilities Director; and Kent Klinkerman, EMS Director Opening Agenda 1. Call meeting to order. Mayor Frierson called the meeting to order at 5:30 p.m. 2. Invocation. Reverend Leddy gave the invocation. 3. Pledge of Allegiance. Council Member Pickle led the pledge. 4. Citizens' Forum. Rev. James Price, 1230 Shiloh — he wanted to know what the City was going to do about Westgate, because they owned it. He said he started a petition to make the mayor a city -wide elected position. He also said they did not want the recycling center in West Paris. Dr. Hashmi, 4510 FM 195 — he said as a private citizen, he found it very distressing they would disfigure the entrance to a residential neighborhood by placing a recycling business at its entrance. He also said it was distressing to put the same recycling facility in the fastest growing retail part of the City, and this should not happen for any reason. Dr. Hashmi said as a citizen he understood that it may conform to some code, but with all due respect there needed to be another section added to the code that should say common sense. Dr. Hashmi reiterated that this should not happen for any reason. As a Council Member for District 7, he said he called the meeting of Regular Council Meeting February 9, 2015 Page 2 interested parties last Tuesday and asked that the item be placed for action on this agenda, because no agreeable solution could be reached. Bud Mackey, 50 NW 32nd — he said he represented the local VFW and they were going to have a special event at Lake Crook Park in April. He asked that they amend City Ordinance 2012 -13 Chapter 3 Section 35 C to include Lake Crook Park for special events. Mayor Frierson asked Mr. Godwin to review this request. Christy Wendell, 4142 Primrose — she said a poor decision had been made by the City and it needed to be corrected. She said she was not opposed to recycling, welcomed new businesses to Paris, but the wrong location had been approved for Recycler's Depot. Ms. Wendell said the problem began when the City issued a building permit for an iron and scrap metal collection facility on Lamar at the entrance to Morningside. Ms. Wendell said when she asked the City how they could have possibly allow a metal scrap yard to be built next to a family neighborhood, she was told they met all the zoning requirements and it was zoned as Commercial Retail. Ms. Wendell said retail was defined as selling something to a consumer, and this business was not selling anything. She said what was even more puzzling to her was the fact that both properties on either side of this land, Cave Wave Car Wash and My Dentist were required to appear before this Council. She questioned why the same process was not required for the controversial junk yard. Ms. Wendell said she reviewed the Ordinances and there was no use listed for recycling, and therefore this permit should have been reviewed by P &Z and the Council. Ms. Wendell further said in response to her Public Information Request, there were two emails which greatly concerned her. She went on to say that seven months ago Mr. Glick wrote to Mr. Godwin and Mr. Napier confirming all these measures could be handled in -house and none of these matters concerning this venture would need to be approved by City Council. She questioned why this happened. Ms. Wendell also said several months later Mr. Napier's staff members said the City did not have any licensing or permitting requirements for metal recyclers. Vic Ressler, 4020 Holbrook — he said he lived in Morningside and had an office a few doors down from the proposed recycling center. He said he was not opposed to the recycling center, but was opposed to the location. Mr. Ressler also said he had a copy of the City Zoning Ordinance. Mr. Ressler said papers mentioned retail, but when he went through the City Ordinance book and looked for retail that it reflected that retail was specifically about shops and stores that sell goods to people. He said these people do not sell anything, but in fact they buy. Mr. Ressler also said that the ordinance subtitle specifically excludes anything that is salvaged material and also anything that is outside sells. Mr. Ressler said he does not see how it could fit under retail, even if zoned commercial. Mr. Ressler went on to say that he had reviewed all of the different uses in the Zoning Ordinance defined by the City for commercial, and not one of them comes anywhere close to describing this kind of business. He said he then looked at it from another perspective, and the one that absolutely fits this business is wrecking or salvage. Mr. Ressler said you can define salvage as reusing discarded or damaged material, by reusing property and materials contained therein for reuse, re- fabrication, or scrapping. He said this sounded like salvage to him. Mr. Ressler also said salvage requires heavy industrial and a special use permit, and that goes through Planning and Zoning. If vetted, it then goes through City Regular Council Meeting February 9, 2015 Page 3 Council. Mr. Ressler said in his mind, the City had made a very big mistake in issuing this permit. John Godwin, City Manager — he said he was a citizen too and the bottom line is the City made a mistake. He said City staff reviewed this when the applicants came in and decided that it went in a specific category. Mr. Godwin said staff did not have the authority to do that and what Mr. Ressler said was correct. He also said the Ordinance required that it to go to Planning & Zoning Commission, not to the staff to make that determination. Mr. Godwin reiterated the City staff made a mistake and apologized to the citizens, the developers and the City Council. He said under item 12, that he would be recommending the City Council send this to Planning and Zoning like staff should have done back in August. Mr. Godwin said staff had spoken to the Planning and Zoning Commission, and that they could have a special meeting as soon as next week and then it could be back to the City Council in as soon as two weeks from tonight for final action. He said this should not have happened. Council Member Hashmi said there were a lot of people from his District who wanted to speak and some of them were elderly people who may or may not be able to come again, so he would like them to be able to speak. Mayor Frierson said they could move item 12 up on the agenda. Mr. Godwin said people could provide their testimony tonight and it could be played at the meeting if those people were not able to come back. Carolyn Patterson said she was a Morningside resident and owned the property at 4225 Primrose, which was immediately behind this facility. She reported that the garage door to this home was about 30 feet from the fence line, had a small patio in the back, and that she could not imagine waking up in the morning, wanting to go out for a cup of coffee, the sights, the smells, the noise of thousands of tons of metal being dumped into big, probably metal containers. She said having a $150,000- $160,000 investment, and then having a junk yard placed in the back was totally unacceptable. Ms. Patterson also said she was glad to hear what Mr. Godwin said and hopefully this would be rectified and something could be done. Ms. Patterson said she thought all of Morningside was concerned. Sarah Eatherly, 4134 Primrose — she said she had one question and that was while the City Council and everyone was in the process of making this decision, on correcting it, would the work be stopped on this facility? Mayor Frierson inquired of Mr. Godwin an answer for Ms. Eatherly. Mr. Godwin said his initial thought was that work should be stopped but that he would need to defer to the City Attorney. Mr. Godwin said there was an executive session to talk about that with the City Council at the end of this meeting and he would have an answer before they went home that night. Marcus Roden, 3930 Holbrook — he said he lived in Morningside, and said to Mr. Godwin that it appeared that construction had started, that he had issued a permit, and that he had made a mistake. Mr. Roden said his father taught him that when you make mistakes you get a spanking so that you do not forget the mistake that you made and you don't make the same Regular Council Meeting February 9, 2015 Page 4 mistake again. Mr. Roden said if this was allowed to be built, that Mr. Godwin's spanking would be when he and all of Morningside went to the Tax Appraisal District to request a reduction of their taxes since their property value would decrease, and that would be a loss of taxes to the City. Consent Agenda Mayor Frierson 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 made by Council Member Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 5. Approve the minutes from the City Council meeting on January 26, 2015. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Paris Public Library Advisory Board (12 -17 -2014) b. Convention & Visitors Council /Chamber of Commerce (10 -30 -2014) c. Traffic Commission (12 -2 -2014) 7. Approve RESOLUTION NO. 2015 -004: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDERING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF PARIS, TEXAS, TO BE HELD ON THE SECOND SATURDAY IN MAY 2015, SAME BEING THE 9TH DAY OF MAY 2015, FOR THE PURPOSE OF ELECTING MEMBERS OF THE PARIS CITY COUNCIL IN DISTRICTS 4, 5, & 7 FOR THE ENSUING TWO YEARS; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AND DECLARING AN EFFECTIVE DATE. 8. Approve RESOLUTION NO. 2015 -005: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPORVING A CONTRACT BETWEEN THE CITY OF PARIS AND THE LAMAR COUNTY ELECTIONS ADMINISTRATOR TO ASSIST, COORDINATE, SUPERVISE AND HANDLE CERTAIN ASPECTS OF ADMINISTERING THE GENERAL ELECTION FOR MAY 9, 2015, FOR THE CITY OF PARIS; MAKING OTHER FINDING AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 9. Approve RESOLUTION NO. 2015 -006: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A JOINT ELECTION AGREEMENT BETWEEN THE CITY OF PARIS AND PARIS INDEPENDENT SCHOOL DISTRICT FOR THE MAY 9, 2015 ELECTION DATE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Regular Council Meeting February 9, 2015 Page 5 10. Approve RESOLUTION NO. 2015 -007: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AN APPLICATION FOR A WASTEWATER FACILITIES PLANNING PROGRAM GRANT WITH THE TEXAS WATER DEVELOPMENT BOARD; THE TOTAL AMOUNT OF THE GRANT IS EXPECTED TO BE $150,000.00 WITH A CASH MATCH FROM THE CITY TOTALING $75,000.00 AND /OR IN -KIND SERVICES; AUTHORIZING THE EXECUTIION OF ANY AND ALL DOCUMENTS NECESSARY FOR FILING APPLICATION OF SAID GRANT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 11. Approve the Final Plat of Lot 1, Block A, Winn Addition 222B, located at 130 N.E. 25th Street. Regular Agenda 12. Receive citizen input, discuss and act on proposed recycling facility on Lamar Avenue. Mayor Frierson said he would like to clarify two things. He said he had received a lot of phone calls and certainly appreciated the interest and effort everyone had shown on this particular item. Mayor Frierson said first of all, this item had never been presented to City Council or to the Planning & Zoning Commission. Mayor Frierson said City Council had not seen any plans nor had they been asked to make any decisions on this item. He said he read some things in the newspaper and he wanted to make everyone understood that the City Council was thereto represent the entire community and they took their jobs very seriously. He said they needed to do make the best decision they could for all of Paris. Secondly, Mayor Frierson said he heard valid concerns from citizens about property value, and quality of life issues that would be in their eyes taken away from this new venture. He said he wanted to make sure they heard the entire story and that they could understand the Glicks' idea. He also said it was a new concept and the Glicks were trying to invest in Paris. Mayor Frierson said he was going to ask Mr. Godwin to take them through this item and review the zoning history. Mr. Godwin said the basic zoning ordinance went back to 1972, and that was very old for a zoning ordinance. He said the property was zoned in 1996, and it was zoned commercial. He said there was a retail zoning and there was a commercial zoning. Mr. Godwin said this was commercial and commercial was broader, allowing more things than retail and there were both retail and commercial on that same piece of road. Mr. Godwin said the future land use plan that was adopted by the City Council several years ago and actually called for all of that land to become retail, but the City had never rezoned that from commercial to retail. He said commercial includes a lot of different land uses. Mr. Godwin said recycling centers were not around in 1972, so it was not on the list when these folks came in. He said in a lot of other cities the ordinance allows staff to pick out what is close, and that is what his staff did. Based on what was described to the City by the applicants, it was determined that it fit mostly commercial, not retail and not light industrial. Mr. Godwin said the problem was it wasn't staff's job to do that. He said the next step should have been that it was sent to the Planning and Zoning Commission and that is Regular Council Meeting February 9, 2015 Page 6 where the mistake was made. He said at that point there would have been a public hearing and for that reason, he was recommending that the City Council refer this to the Planning and Zoning Commission and tentatively they planned to meet next Tuesday at 5:30 p.m. He said at that time both sides would have an opportunity to speak. Mr. Godwin said the second thing he was going to do was recommend to the City Council, which was not quite as immediate was that the Planning & Zoning Commission take up a zoning case for this whole entire parcel of land, not this parcel but this entire area because there were a lot of things, such as a crematory could be put out there, sexually oriented businesses, drive -in theaters, heavy equipment repair, a lot of things that he did not think they wanted out there. Mr. Godwin said he was not going to suggest that Planning and Zoning take this up next week, but really soon he would ask them to take up a case and rezone most or all of that from commercial to retail because most of that, if not all of it should be retail. He said of course property owners that are affected on either side would get to speak during a public hearing at the Planning and Zoning Commission. Subsequently it would also come back to the City Council. Mr. Godwin said this was a separate issue, but he wanted to mention that because if you look at what is on the list, it needs to be fixed. He said those were his two recommendations. Mr. Godwin apologized and said City Council was not involved with this and that was part of the problem. Mr. Godwin said his two recommendations were to ask the Planning and Zoning Commission to take this up next week and then shortly after that take up a zoning case to rezone this area from commercial to retail. Mayor Frierson asked if anyone had questions of Mr. Godwin. With no questions at this time, Mayor Frierson said he would open up the floor for citizen input and start with letting Mr. Ressler finish what he was speaking about under the citizens' forum. Vic Ressler said he thought the City made a mistake and it was gracious of Mr. Godwin to admit the fact that his staff made a mistake. Mr. Ressler said the only way to fix this at this point was to rescind or revoke the current permit and that every day this company continued spending their money on this property compounded their property. He said at minimum they needed to be stopped. He said he felt they should be reimbursed for the work they started on this property on the premise that they had a correct permit. Mr. Ressler acknowledged that if there was a situation where there was an unclassified use that the procedure was to go through P &Z and that Mr. Godwin explained that very well however, he still maintained that there was one already on the books and it was called salvage. Mr. Ressler disagreed with Mr. Godwin in that he said the zoning book says it is heavy industrial. He also said he could not fathom that anyone on the Planning and Zoning Commission nor any of the elected officials of this City would allow heavy industrial use on Lamar Avenue in that area. Mr. Ressler said he thought it was unfortunate that the City could suffer some financial loss because of this, however there would be the potential liability from all of these people, because there were millions of dollars' worth of property value that were in close proximity to this project. He questioned what kind of liability the City would have if these people suffer loss of value of their property. Mr. Ressler also said it would not necessarily be short term, because you know how things go, sometimes businesses start out with very good intentions but if this company has trouble with stale beer running out on the ground and syrupy drinks and flies and odors and all that kind of stuff, what are the ramifications for the City from all those people that live nearby there and nearby businesses. Mr. Ressler said either way it was not a good thing. Mr. Ressler said he noticed in one of the Regular Council Meeting February 9, 2015 Page 7 publications that came from Tristate was that traffic would not be a problem and particularly from their trucks, because they had access to a light. He said he was pretty sure he was right about this and the rest of the story is that he believed there was about a 30 foot easement between the back of the car wash and Primrose, and that was for ingress and egress for whoever owns that lot. Mr. Ressler said that was another can of worms if they were going to run their trucks in and out of a residential neighborhood to get to the back of the property. Ben Glick, owner of Recyclers Depot, thanked everybody for coming out and expressed appreciation for their attention to this matter. He said Recycler's Depot was a new recycling business coming to Paris and it was an innovative and unique approach to community recycling and a complete departure from the stereotypical type of operation. He said it was their intention to provide a facility more associated with traditional retail, making recycling more attractive and available to both existing and new recyclers. Mr. Glick said facility cleanliness was a cornerstone of their business. He also said Recycler's Depot would be completely under roof, with no materials stored on the ground, or in piles, but they would only gather material which will then be shipped to Texarkana to their main processing facility. Mr. Glick said Recycler's Depot was absolutely not a junk yard, but a new approach to community recycling. He said they felt like Paris Texas was an underserved recycling area and they wanted to take care of that demand. He also said the Lamar Avenue location was chosen for convenience and they needed to be in a high traffic area. Mr. Glick said Recycler's Depot was in an appropriate zoned area, because it was zoned commercial and they would be next to a gas station, two car washes, and a storage warehouse. He said there would be no processing, no manufacturing, and no industrial activity on the Recycler's Depot property. He said they wanted to collect the material, pay the citizens of Paris Texas for it and get it back to their facility in Texarkana where it could be processed. Mr. Glick said Recycler's Depot was designed and attractively landscaped in a style similar to other retail businesses and the building would feature a modern glass store front in addition to their landscaping that would include beautiful Crape Myrtle trees. Mr. Glick said they were also exploring planting fruit trees in the rear of the property to visually divide Recycler's Depot from the Morningside neighborhood. He said there had been concerns expressed about noise, and again there would be no heavy machinery on the site. He also said the facility would produce no more noise than any typical warehouse operation, very similar to the one behind the gas station about two doors down. Mr. Glick said there would not be a pest or rodent problem and generally pest and rodents were not attracted to metal. He said used beverage cans would be stored in a sealed van trailer and not exposed to open air, so there was no insect concern there. He said they required cans be rinsed prior to purchasing the cans. Mr. Glick said they do not buy trash so there will be no odor. He also said that 80% of the metal would be stored indoors. Mr. Glick said the only metals stored in the outdoor area would be large steel and aluminum pieces, which would have no strong odor associated with them. He said Recycler's Depot was completely covered and partially enclosed, and the original press release reflected that. Mr. Glick said Recycler's Depot would not specifically impact traffic patterns on Lamar Avenue and they anticipated 1 -3 trucks Tuesday through Saturday and that could be coordinated so they occur during non - peaking traffic hours. He said the trucks would be able to utilize the signal light at Lamar Avenue and 42nd Avenue, they would not be running down the alley or the Morningside neighborhood at all, and would time it so they pulled out during a red light. Mr. Glick said the customers at Recycler's Depot would have eight unloading bays with an additional truck scale and there was Regular Council Meeting February 9, 2015 Page 8 parking in the rear of the facility for overflow traffic. He said they did not anticipate having a significant traffic impact on Lamar. He said he had not heard of anyone not in favor of recycling and in keeping Paris beautiful. He said they anticipated approximately one and half to two million dollars in annual purchases. Mr. Glick said in summary, customers would come to Recycler's Depot, they would receive money for items that were previously going to a land fill and they would take that money and spend it in local businesses. Mr. Glick said they came to Paris in June 2014, and they wanted to do things the right way, and so far they had done everything the right way. He said they received a confirmation letter in August that this was commercial use and they were properly zoned. He said they received a building permit, and acting in reliance of that permit they began construction and were $250,000 into this project. Mr. Glick said they wanted to continue with this project. He said if for some reason they were unable to do this, they would have no other alternative but to pursue other remedies. Mayor Frierson asked if anyone had any questions for Mr. Glick. Council Member Hashmi inquired of Mr. Glick what brought them to Paris. Mr. Glick responded by saying it only made sense for them to have a satellite facility within a hundred mile radius and when they looked within that radius, they identified Paris as an underserved recycling community, plus the high traffic count on Lamar Avenue. Council Member Plata asked if they shredded aluminum cans and stored them in a trailer at their other facility. Mr. Glick said at the facility in Texarkana they had a machine called a bailer that would compact them much like a hay bale. Council Member Plata confirmed with Mr. Glick there would be no leakage from the cans and other material. Mayor Frierson confirmed with Mr. Glick that the days and hours of operation would be Tuesday to Saturday from 10:00 a.m. to 7:00 p.m. Mayor Frierson asked Mr. Glick to explain about what happens to the large items, such as a car. Mr. Glick gave the following example: You pull in with a car that is on the back of a flatbed trailer. We have a large forklift that will pick that car up directly off your trailer and it will load it into what we call a high side or gondola trailer, it's an open top heavy steel trailer, so that car will never touch the ground. Mayor Frierson confirmed there would be no crushing of cars. Mr. Glick said they would take cans, copper pipe, kitchen sinks, old appliances, and big pieces of fencing, tractors and other agriculture stuff. Mayor Frierson questioned how they could predict supply and demand, in that they were going to have one to three truck loads a day for things that were not going to touch the ground. Mayor Frierson said it seemed sort of a low volume. Mr. Glick said it was going to take a long time to build up things like copper wire, but the trailers with bigger items would be moved more frequently. Council Member Grossnickle said he had recycled aluminum cans and they make a lot of noise. He asked about the level of noise, and said if you are shooting them into a container it seems like that would be pretty loud. Mr. Glick said they would intermittently shoot them into the container. Council Member Grossnickle said it might get a little loud at times. Mr. Glick said he did not think it would be any louder than the car wash vacuum and they certainly did not have a siren attached to the can machine. Council Member Grossnickle said they had mentioned this was a desirable location, but obviously there were a lot of people in the room who did not want to be their customers at that location. Council Member Grossnickle said they might want to be customers if it were in a different location. He said he did not believe this location was as critical as Mr. Glick believed it to be. Council Member Grossnickle expressed concerns about Regular Council Meeting February 9, 2015 Page 9 this location. He said it sounded like the business would be a good asset to Paris, but it did not sound like the location was in the best interest of Paris. Council Member Hashmi said it was reported in the newspaper that the facility would be enclosed, but that at the meeting with the city manager he understood the facility was not going to be fully enclosed. Council Member Hashmi said obviously the facility was not an enclosed facility and he asked Mr. Glick why that was reported to the newspaper. Mr. Glick said sometimes things do not always get communicated as clearly as we would like, and that it got lost somewhere in translation. He said the original press release said that it was going to be a completely covered indoors facility and they never used the language enclosed. Council Member Hashmi asked Mr. Glick if they would be keeping the ditches and culverts on this facility perfectly clean. Mr. Glick answered in the affirmative citing cleanliness was the cornerstone of their business. Council Member Hashmi said he was a little concerned because one of his constituents had sent to him a picture that looked very different from what Mr. Glick was describing. Council Member Lancaster said to the East of that property running along a side was a creek which was the headwater of a plain, a flood -plain area and she noticed as the dirt was being pushed it was coming pretty close to encroaching on the creek. She said she understood that the back side of Morningside had flooding from time to time and she was concerned with the displaced water added to that creek would create another problem. Mr. Glick said that was very valid concern and as part of the extensive permitting process, they went a thorough storm water plan. Council Member Lancaster also said the City Engineer had required that some of those creeks where there was development be cemented and kept clean. She said was really concerned at some point there would be heavy rain and this was going to create some problems for citizens. Mayor Frierson said that would be part of the site plan during the Planning and Zoning process. Mr. Glick said they would have a full storm water plan. Mike Folmer, 933West Washington — he said lived in West Paris and was not going to be next to it. He said he appreciated newness of recycling and thought everyone would agree they needed recycling. Mr. Folmer said from hearing Marcus Roden speak, it sounded like City was going to have about a quarter million dollar whipping to take on this and it looked like both parties could get together and negotiate on a site. He also said he hauled construction materials all the time to the South Church Street site and it worked real well. He said there was a lot of space there, and looked like it was a good fit. Mr. Folmer said he was on the P &Z and they looked forward to this coming to them and promised Dr. Hashmi's constituents that for those who could not be there, that he was listening to everything. Carol Hufnagel, 720 Bunker Street —she said she was favor of recycling centers but not on that property. Mrs. Hufnagel said she had seen what battery acid could do to cement and surrounding areas, as well radiators, wire, and some of the stuff that falls out on the highways. She wanted to know what was Recycler's Depot's guarantee that there was not going to be a bunch of flat tires because of debris before it even got to their facility. She said her other concern was about copper wiring that was stolen all the time and asked if the company was going to ask for identification to prove that those people were justified in bringing that copper to them. Mr. Regular Council Meeting February 9, 2015 Page 10 Glick said they were required by State Law to receive a drivers' license, make /model of car, and car license plate numbers when they were buying copper. Christy Wendell, 4142 Primrose — she said the front yard of her house was their backyard. She said when she learned of this she was very upset and tried to be professional and follow the chain of command. Ms. Wendell said she approached office after office in the City and the door continued to be slammed in her face. She said she knew this was the wrong decision, that this was a bad decision, and was repeatedly told there was absolutely nothing she could do, because the City had issued a building permit and it was done. Ms. Wendell said she started making some noise about this, asking some more questions and then got a call from Mr. Glick. She said he told her he called to address her concerns and she told him she was not opposed to recycling at all, but was opposed to having his junkyard in her front yard. She said that she had given the City Council five definitions of junk yard from different sources and the definition fits. She also said that Mr. Glick told her they did look at other locations in town and actually wanted more land but were told that those properties had plush neighborhoods nearby and there would be strong resident objections. Ms. Wendell said that Mr. Glick told her that the City did not want them driving their trucks through downtown. She said that Mr. Glick had since denied that statement, but that she was at a luncheon and several other people heard his statement over her cell phone. Subsequently, Ms. Wendell said she requested a meeting and Dr. Hashmi was the only individual in the whole City who agreed with her in that this was not correct. Ms. Wendell said she got a copy of what Mr. Godwin sent out, the artist rendition of the facility and saw that is was not completely enclosed, although the Paris News reported on three different occasions that it would be completely enclosed. She said when she asked Mr. Glick about jobs, he said they would hire four or five people and pay between $12.00 and $20.00 an hour. She said he talked about the two million dollars that he was going to give in pay -out to the community from all of the recyclables and she was absolutely was horrified by that figure, because of the sheer volume that it was take to reach that amount of money. Ms. Wendell said her internet research reflected that in Dallas aluminum cans were being purchased at about 66 cents a pound, and it takes 34 cans to make a pound. In order to get to that 2 million dollar figure it would require over a hundred million cans being intermittently shot into this container behind her house. She said that would be over 8 million cans every month going through this facility. Ms. Wendell said If you calculate automobiles that translates into something like Twenty Thousand cars a year to equal that Two Million dollar figure and so it was somewhere in between that. Ms. Wendell said she brought several construction site violations to Shawn Napier's attention and asked him to red tag that job site until things like the building permit could be displayed, the silt fence could get in place. She expressed concern over water runoff issues. She said she asked the Glicks to please be open to considering another location. Bret Holbert, 4125 Holbrook — he said he was 100% in favor of the Glicks bringing a business to Paris and especially a recycling facility. As with everyone else, Mr. Holbert said he did not want it in his front porch. He said he could hear the fans and the dryers from the car wash from his and he thought intermittently shooting cans into a bin would probably outpace that in decibels. He said it sounded like the Glicks were saying if you don't let them do this, they are going to sue the City, and that sounds like a threat to me. He also said people around here to do not like to be threatened. Mr. Holbert said if he was in their shoes and the City issued a permit Regular Council Meeting February 9, 2015 Page 11 telling him he could do business, he would probably say the same thing. He also said Mr. Godwin had owned up to this and placed the liability for this on the City by saying City staff made a mistake. Mr. Holbert questioned how this could have happened, how they went through the process, moved dirt, forms were printed at the City, that it did not go to P and Z, that it did not go to the Council and it had been going on since June. He asked if someone wanted to answer that. Mr. Godwin said My Dentist is an office and that was on the list of land uses for commercial and that car washes were specifically on the list of land uses. Mr. Napier said those two businesses went to P &Z for platting which required a public hearing, and this particular lot had been platted earlier. Mr. Holbert said he was at the meeting the other day and the Glicks made it perfectly clear that they intend to be able to operate their business at that location. Bruce Carr, 845 42nd S.E. — he said he had six or seven concerns about this project and he would take them to the Planning and Zoning. Mr. Carr said he had an industrial background and this belonged in light industrial. He urged the City Council to put a hold on this project. A Motion to rescind the permit, which was wrongly issued, was made by Council Member Hashmi and seconded by Council Member Lancaster. Mayor Frierson inquired if there were further discussions. Council Member Grossnickle asked about postponing the decision until Council heard from legal counsel. Council Member Hashmi said he understood but that he made a motion and he was going to stick to that motion. City Attorney Kent McIlyar said he would like to give them legal advice in executive session prior to Council voting on this item. Council Member Pickle asked if the suggestion was to send it back to P &Z and Mr. Godwin answered in the affirmative, citing that was what was required by ordinance. Council Member Pickle asked if they had the authority to revoke the permit. Mr. Godwin said it was issued in error, so he could certainly make the argument that it was not a valid permit. Mayor Frierson inquired if construction would have to stop since this did not go through the proper channel. Mr. Godwin said he would have an answer after he heard from the City Attorney. Council Member Grossnickle inquired if the Glicks would be willing to agree to a cessation of work. Mr. McIlyar said if the Glicks were willing to accept a temporary cessation of work on the site until the zoning issue was resolved that would satisfy his concerns. Mr. Glick said they were not agreeable, because of the money they had expended on this project. Council Member Plata asked if they could move Executive Session forward on the agenda. Council Member Hashmi said there was a motion and second on the floor and that needed to be dealt with first. Council Member Pickle wanted to know if they could go into Executive Session prior to taking a vote and Mr. McIlyar said from a parliamentary position that action needed to be taken on the motion or the motion needed to be withdrawn. Mayor Frierson said there was a motion on the floor. Council Member Hashmi restated his Motion that the permit, which was wrongly issued, be rescinded and Council Member Lancaster seconded the motion. Motion carried, 4 ayes — 3 nays, with Mayor Frierson, Council Member Plata and Council Member Pickle casting the dissenting votes. Regular Council Meeting February 9, 2015 Page 12 Mayor Frierson asked if there were any other motions to be made on this item or did they need to refer it to Planning and Zoning. Mr. Godwin said if Council did not make that motion that staff would still do it, but that he preferred a formal motion. A Motion that this be turned over to P &Z was made by Council Member Pickle and seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. Mr. Godwin said the meeting was tentatively scheduled for next Tuesday at 5:30 p.m. Council Member Hashmi confirmed with Mr. Godwin that there would be no further construction at this time. 13. Discuss, conduct public hearing and act on RESOLUTION NO. 2015 -008: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT AND DECLARING AN EFFECTIVE DATE. City Engineer Shawn Napier explained the Texas Department of Agriculture offers this grant every two years for the replacement of infrastructure. He said if the City is awarded the grant, the proposal was to replace water and sewer lines in Dickson Street between NW 9t' and 11th Streets and a small part of NW IISt. He also said Dickson Street pavement would be reworked and get an asphalt overlay and that 1,740 -feet of a 21 inch sewer line would be replaced on Orange Street. Mr. Napier further explained if the City was awarded the grant that the City's match would be $55,000 and would be budgeted in the 2015 -16 budget or the following year depending on the grant cycle. Mayor Frierson opened the public hearing and asked for anyone wishing to speak in favor or in opposition of this item to please come forward. With no one speaking, Mayor Frierson closed the public hearing. A Motion to approve this item was made by Council Member Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 14. Discuss, conduct a public hearing and act on ORDINANCE NO. 2015 -001: 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, SO AS TO REZONE LOT 1, CITY BLOCK A, OF THE PARIS CHURCH OF CHRIST ADDITION CB 296, BEING LOCATED AT 3175 LAMAR AVENUE, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD -a) TO A GENERAL RETAIL Regular Council Meeting February 9, 2015 Page 13 DISTRICT (GR); 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. Mr. Napier explained the Church planned to enlarge the existing fellowship room. Council Member Grossnickle questioned why this was being called general retail. Mr. Napier said it was allowed under the land use map and that staff recommended Council approve the zoning change. Mayor Frierson opened the public hearing and asked for anyone wishing to speak in favor or in opposition of this item to please come forward. Mike Folmar, the Paris Church of Christ Pastor, spoke in favor of this item. With no one else speaking, Mayor Frierson closed the public hearing. A Motion to approve this item was made by Council Member Hashmi and seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. 15. Discuss, conduct a public hearing and act on an Ordinance considering the petition of Mike and Stephanie Hall for a change in zoning from a One - Family Dwelling District No. 2 (SF -2) to a One - Family Dwelling District No. 3 (SF -3) adding a Specific Use Permit (39- Mobile Home) on Lot 1, Block A, of the Hall Addition CB 154, located at 1190 SW 6' Street. Mr. Napier explained this zoning change request included a specific use permit so that the applicants could place a mobile home on the property. Mr. Napier said a specific use permit could not exceed a five year period but did permit renewals. Mayor Frierson opened the public hearing and asked for anyone wishing to speak in favor or in opposition of this item to please come forward. With no one speaking, Mayor Frierson closed the public hearing. Council Member Grossnickle inquired if the mobile home would be connected to the City's sewer line and Mr. Napier said the owners had agreed to do that. Council Member Grossnickle asked if that had been placed in writing and Mr. Napier said it would be if approved. Council Member Hashmi inquired if the owners were present and Mr. Napier told him they were not. Council Member Pickle said he thought mobile home zoning had already been addressed and Mr. Napier said it was never voted upon. Council Member Lancaster said it was recently discussed at a Planning and Zoning meeting and they discussed forming a committee on mobile home zoning. Mr. Napier said that had not been done and Council Member Lancaster said it needed to be done. Council Member Plata said he did not have anything against mobile homes but he did not believe they belonged in residential neighborhoods. Regular Council Meeting February 9, 2015 Page 14 A Motion to deny the zoning request was made by Council Member Hashmi and seconded by Council Member Plata. Motion carried, 6 ayes — 1 nay, with Council Member Frierson casting the dissenting vote. 16. Discuss, conduct a public hearing and act on an Ordinance considering the petition of Paris Lakes Medical Center, LLC for a change in zoning from Agricultural District (A) and a One - Family Dwelling District No. 2 (SF -2) to a Planned Development District (PD -h) on A534J Leach Survey, Tract 19, located at 2675 SE 41St Street. City Manager John Godwin said the application had been withdrawn and no action was required. 17. Discuss and act on a Historic Preservation Tax Exemption Agreement with Steven and Laura Harper on property located at 134 - 136 -138 -140 North Main for a period of seven years. Building Official Joey Sleeper explained that Steve and Laura Harper owned this historic property and obtained proper approvals and permits to renovate the exterior of the structure in 2013. Mr. Sleeper said the work was completed and accepted by the City in 2014, and they made application for a tax exemption in November 2014, which was approved by the Historic Preservation Commission on January 14, 2015. A Motion to approve this item was made by Council Member Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 18. Receive, discuss and act on the Annual Audit of the Paris Economic Development Corporation for FY 2013 -14. Interim Executive Director Shannon Barrentine told the City Council the Paris EDC Board received the annual audit performed by McClanahan & Holmes at the meeting on January 13, 2015. She said the audit reflected there was no deficiencies and the Board unanimously approved it. A Motion to approve this item was made by Council Member Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 19. Receive, discuss and act on proposed amendments to the Paris Economic Development Corporation FY 2014 -15 Budget to fund the Plan of Work for FY 2014 -15. Ms. Barrentine said the budget request for amendment was to fund the Plan of Work for FY 2014 -15. She also said the amendment was budget neutral due to reducing the Salaries & Wages line item by $31,500 and creating the Plan of Work expense line item for the same amount. Regular Council Meeting February 9, 2015 Page 15 A Motion to approve this item was made by Council Member Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 20. Receive, discuss and act on the Paris Economic Development Corporation's Plan of Work for FY 2014 -15. Ms. Barrentine presented the PEDC's Plan of Work to the Council, which included four goals as follows: 1) secure primary jobs through industrial recruiting and business retention and expansion; 2) strengthen local education and workforce training programs to meet employer needs; 3) strengthen Paris EDC's operations; and 4) marketing the airport as industrial site ready. Ms. Barrentine outlined the action steps to be taken in order to meet those goals. A Motion to approve this item was made by Council Member Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 21. Conduct a public hearing, discuss and act on ORDINANCE NO. 2015 -002: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXASAMENDING REINVESTMENT ZONE NO. 2013 -1 AND DESIGNATING THE CITY LIMITS OF THE CITY OF PARIS, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, AS REINVESTMENT ZONE NO. 2015 -1 FOR RESIDENTIAL TAX ABATEMENT; DESCRIBING THE BOUNDARIES THEREOF; PROVIDING FOR ELIGIBILITY REQUIREMENTS FOR TAX ABATEMENT WITHIN SAID ZONE; PROVIDING REQUIREMENTS FOR TAX ABATEMENT AGREEMENTS AND PROVIDING AN EFFECTIVE DATE. City Attorney Kent McIlyar said on October 14, 2013, City Council passed Ordinance No. 2013 -036 creating a reinvestment zone for residential tax abatements and the zone included all areas inside Council Districts 1 -5. He also said recently that City Council had directed staff to bring back an Ordinance amending the reinvestment zone to include the areas in Council Districts 6 and 7. Mayor Frierson opened the public hearing and asked for anyone wishing to speak in favor or in opposition of this item to please come forward. With no one speaking, Mayor Frierson closed the public hearing. Council Member Grossnickle inquired if there had been much construction since the enactment of the residential tax abatement. Mr. McIlyar said there had been about eight new residences constructed. Council Member Hashmi asked if anyone who had made improvements to their home could apply for the abatement and Mr. McIlyar answered in the affirmative. Council Member Pickle said the people in his District were very happy about this amendment. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Hashmi. Motion carried, 7 ayes — 0 nays. Regular Council Meeting February 9, 2015 Page 16 22. Discuss and possibly act on a motion to transfer the monitoring, accountability, and responsibility of all tax abatement agreements from the Paris Economic Development Corporation to the City of Paris, and more specifically the attorney for the City of Paris. Council Member Pickle said at some point tax abatement monitoring was turned over to the PEDC. He said the City determines the tax abatements and that he thought the City should monitor them instead of the PEDC. Council Member Pickle said he and Mrs. Clifford had gotten the incentive agreement monitoring up to date and a few of those did include tax abatement agreements. He also said PEDC was in agreement in asking for the Council to move the monitoring of tax abatements back to the City and place that responsibility under the City Attorney. Council Member Pickle said if companies were compliant, then the attorney could go ahead and send them a non - compliance letter. Council Member Hashmi mentioned the information that Council Member Pickle had supplied them about best practices in Tyler and Kilgore EDC and inquired who did the monitoring in those cities. Council Member Pickle said Tyler had a different setup and their EDC only dealt with incentive agreements. Mrs. Clifford said that Kilgore EDC monitored tax abatements for the City of Kilgore. Council Member Hashmi said PEDC had more contact with companies and had a close relationship with businesses, but that he had never seen a close relationship between companies and the City Attorney. He also said businesses always go to PEDC and he felt compliance should remain with the PEDC so that it was better coordinated. Council Member Pickle said he agreed but at this time there was too much placed on board members and staff at the PEDC. Council Member Hashmi told Council Member Pickle since he had been there, PEDC was doing better with compliance reporting and he did not understand why they wanted to change it when it was working well. Council Member Plata also said PEDC was the first entity to be in contact and to him it seemed as though this would be crippling, because he felt sure that tax abatements were discussed when a company contacted and met with the PEDC. Council Member Plata asked if Mrs. Clifford would come forward, which she did. Mrs. Clifford said she, Edwin and Shannon Barrentine had been working on compliance and there were a couple of incentive agreements that did not include tax abatements. She said they had compiled everything together in order that companies could send to them one piece of data which was comprised of the number of jobs, the capital investment and so forth for compliant purposes. Mrs. Clifford said she and Mr. Pickle had agreed on most things and they had a good working relationship. Mr. Godwin said for clarification, PEDC was suppose be doing the monitoring for quite some time and the PEDC Director dealt with business prospects and had sometimes already negotiated a deal. He said the new policy approved about a year ago was to have the tax abatement committee be more involved and that PEDC would be responsible for monitoring agreements. Mr. Godwin said the taxing entities had the same agreement. Mrs. Clifford said Mr. Pickle represented the City and she represented PEDC. Council Member Lancaster said PEDC was better now. Mrs. Clifford said when her tenure was over that Mrs. Barrentine would be able to carry on with the procedures for compliance. A Motion to retain monitoring and compliance of the tax abatements with PEDC was made by Council Member Hashmi and seconded by Council Member Lancaster. Motion carried, Regular Council Meeting February 9, 2015 Page 17 4 ayes — 3 nays, with Mayor Frierson, Council Member Grossnickle and Council Member Pickle casting the dissenting votes. 23. Discuss rehabilitation of the Trail de Paris located east of Collegiate Drive. Council Member Plata encouraged Mr. Godwin to come up with the funds to rehabilitate this portion of the trail or at least half of it. He said it was an asset and should be maintained. Mr. Godwin said he would bring something back to the Council within the next couple of months. Council Member Grossnickle said maybe they could get donations from private companies. 24. Receive citizen input, discuss and act on creation of a dog park. Mayor Frierson said this was an item that was introduced at the last Council meeting and that Dr. Hashmi asked that it be brought back to allow for citizen input. Karen Sugars, resident of Blossom, president of K -9 association, said they were not against a dog park, but were concerned about it not having an attendant and possibly being located close to the pool. Ms. Sugers said she did not think there was enough education and responsible owners to put that burden on the citizens. She said she understood the pros, but that it did not need to be in an area with a lot of kids, because that could cause the dogs to become agitated and also referenced diseases like parasites. She said the successful dog parks were monitored. She suggested their club come in and host dog training and education. Club member Charlotte Webster said there were a lot of reasons to not have a dog park until training was done. Debbie Drake said she was a dog owner and member of national therapy. She said her dog loves to run and there was no place to take her to run. Ms. Drake said she agreed with what was said about diseases, but there were responsible pet owners in Paris. She said she had been to several military dog parks and they were successful. Wendy Hammicker said she was a long time dog owner and there were a lot of uneducated pet owners and the better dog parks she had attended were stricter. She also said it would be a great asset for the Paris area, but they should study and investigate all options first. Barbara Long, dog owner, said it was hard to take her dogs on a walk together and would appreciate having a dog park. She said she thought there were many responsible citizens who would enjoy a dog park, but it should be in a quieter place. Council Member Hashmi said he was thrilled with all of the input. He said this was one of the requests that the citizens made during the park planning committee meetings. Council Member Hashmi agreed there were issues and said they needed to study this further prior to creation of a dog park. Mayor Frierson said there were a lot of good points made. Ms. Hufnagel, citizen, said there were several people who wanted to speak about this but had already left due to the time it took on recycling. Chief Hundley said he thought it was a good idea as long as it was done properly. Council Member Hashmi said everyone made a good point and that they needed to give more thought and planning to this prior to creating a dog park. Mayor Frierson said the concept of interaction with pets was a positive thought and that there were good points raised tonight. 25. Discuss property located at 1728 Maple Avenue purchased from Kenny Kammer as related to taxes; and provide direction to staff. Regular Council Meeting February 9, 2015 Page 18 Mr. Godwin said Kenny Kammer appeared at the January 26 Council meeting to express concerns about taxes owed on property he purchased from the City in a public bid. Council Member Hashmi said he did not understand why Mr. Kammer should have to pay taxes because the City had owned the property and taxes were not paid when the City owned the property. Mr. Godwin said taxes were due to the other taxing entities, not the City. Finance Director Gene Anderson said the property was donated in August 2002 to the City and at the time the City sold this property, he was not aware there were issues. Council Member Lancaster confirmed with Mr. Kammer that the advertisement for bids did not reflect there were taxes owed on the property at the time he purchased it. Council Member Hashmi suggested that City staff assist Mr. Kammer in contacting the other taxing entities. Council Member Pickle said the City maintains upkeep of lots that were foreclosed on and did not collect from the other taxing entities for that service. Following additional discussion, Mayor Frierson asked the City Attorney to coordinate with Lamar County Appraisal District and report back to the Council. 26. 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 conflict with this chapter, as follows: zoning ordinance /permitting. City Council did not go into Executive Session. 27. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. 28. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. Mayor Frierson reminded City Council of the special meeting on Monday, February 16. 29. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Lancaster and was seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 8:25 p.m. MATT FRIERSON, MAYOR JANICE ELLIS, CITY CLERK MINUTES OF THE CITY COUNCIL SPECIAL MEETING OF THE CITY OF PARIS, TEXAS February 16, 2015 The City Council of the City of Paris met for a special meeting at 5:30 p.m. on Monday, February 16, 2015, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Matt Frierson Council Members: Aaron Jenkins; Billie Lancaster; Benny Plata; Richard Grossnickle; Edwin Pickle; and A.J. Hashmi City Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; and Shawn Napier, City Engineer 1. Call meeting to order. Mayor Frierson called the meeting to order at 5:30 p.m. 2. Conduct first public hearing and discuss the City's intent to expand its boundaries and annex approximately 95.173 acres of land and right -of -way adjacent to Stillhouse Road and north of Stone Avenue, Lamar County, Texas. More particularly described as follows: Stillhouse Road ROW (2.17 acres): 2.17 acres being the 2800 -2900 block of Stillhouse Road/County Road 41100 being 1,572.89 linear feet of 60 foot wide Right of Way (R.O.W.) beginning at the intersection of said road centerline and current City Limit boundary, which is located approximately 330 linear feet Northeast of the intersections of the centerlines of Stone Ave and said road; Tract 25 -1 -A (4.169 acres): Tract 25 -1 -A of Abstract A786 R Russell Survey, being 4.169 acres of vacant land in the 2800 block of said road owned by Erickson, Marrero, Chadwick and Wilkerson per deed dated 3/25/04 vol. 1454 pg. 67 of the Lamar County Official Public Records (LCOPR); Tract 25 -IAI (83.834 acres): Tract 25 -IAI of Abstract A786 R Russell Survey, being 83.834 acres of vacant land in the 2800 block of said road owned by Randall, Underwood and Spencer, LP per deed dated 1/26/08 instrument #061130 -2008 of the LCOPR; Special Meeting February 16, 2015 Page 2 Tract 25 -1A (5.000 acres): Tract 25 -1A of Abstract A786 R Russell Survey, being 5.00 acres of improved land addressed as 2900 Stillhouse Road owned by Stillhouse Health Holdings per deed dated 5/30/12 instrument #097109 -2012 of the LCOPR also known as Stillhouse Rehab and Healthcare. City Manager John Godwin explained that Stillhouse Rehab received public safety services, as well as water and sewer. Mayor Frierson opened the public hearing and asked for anyone wishing to speak in favor or opposition to this item, to please come forward. With no one speaking, Mayor Frierson closed the public hearing. 3. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 5:31 p.m. MATT FRIERSON, MAYOR JANICE ELLIS, CITY CLERK