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05 - APPROVE MINUTES FROM COUNCIL MEETING ON 06/08/2015Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS June 8, 2015 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, June 8, 2015, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; Benny Plata; Steve Clifford; Matt Frierson; and Edwin Pickle City Staff: John Godwin, City Manager; Gene Anderson, Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Larry Wright, Fire Chief, Bob Hundley, Police Chief; Director; Doug Harris, Utilities Director; and Priscilla McAnally, Library Director Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Brad Aldridge gave the invocation. 3. Pledge of Allegiance. Council Member Lancaster led the pledge. 4. Citizens' Forum. Michael Gladfelter, 1345 S.E. 6th Street — spoke about item 35 and said he was falsely arrested two years ago by Ronica Blake and he was not prosecuted. He said the City should settle the lawsuit and take her badge. Louise Hagood, 556 Fitzhugh — she encouraged everyone to read the article in the newspaper about "In Order to Keep Paris Beautiful, We Needed to First Make Paris Beautiful ". Mrs. Hagood said the City had ordinance in place to do that, but those ordinances needed to be enforced. Rayford Rucker, 3045 S.W. 16th Street — he recommended that Reverend Price be appointed to the PEDC Board. Regular Council Meeting June 8, 2015 Page 2 Dustin Davis, 431 -24th S.E. — he also recommended that Reverend Price be appointed to the PEDC Board. Sister Rosa Lindsey, 947 Dixon — she said Paris had to be made beautiful before we could keep Paris beautiful. She said there was a lot across the street from her which had chest high weeds and was owned by the City. Debbie Hudgens, 6445 FM 1508 - she asked if she would be able to speak under item 19 and Mayor Hashmi answered in the affirmative. Tom Bullock, 4015 Dawn — he said he walks on the trail and heard of the plans to resurface the trail from Collegiate Drive to the loop. Mr. Bullock encouraged the plans. Consent Ap-enda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Clifford asked for item 11 to be pulled for discussion and Mayor Hashmi asked that item 6d be pulled for discussion. Council Member Clifford said as all citizens of Paris, he would like to see more retail and thought the main way to do that was through primary job creation. He said in order for him to determine if the contract should be extended, he would like to first review all of the retail reports generated by Retail Coach. Council Member Clifford also said he would like to know whether or not there had been net growth retail in Paris as a result of the recruiter and if the money had been spent wisely. He said he would like to table this item pending that information. With regard to item 6d, Mayor Hashmi inquired how a long -term lease could be transferred from one person to another, without going to first person in line on the hangar waiting list. Mr. Godwin explained this specific hanger was built by the owner and the lease was a ground lease, and re- assignment of hangars built by individuals was allowed. Mr. Godwin further explained that the waiting list for hangars was for hangars built by the City. A Motion to table item 11 was made by Council Member Clifford and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. With the exception of item 11, a Motion to approve the Consent Agenda was made by Council Member Frierson and seconded by Council Member Clifford. Motion carried, 7 ayes — 0 nays. Approve minutes from the meeting on May 18, 2015. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Paris Municipal Band Commission (3 -25 -2015) b. Paris Economic Development Corporation (4 -21 -2015) c. Main Street Advisory Board (3 -10 -2015 & 4 -14 -2015) d. Airport Advisory Board (3 -10 -2015) Regular Council Meeting June 8, 2015 Page 3 e. Board of Adjustment (3 -31 -2015) f. Building and Standards Commission (4 -20 -2015) g. Paris Public Library Advisory Board (4 -15 -2015) 7. Receive April monthly financial report. 8. Receive April drainage ditch maintenance report. 9. Receive dilapidated structure report. 10. Approve the Final Plat of Lot 1, Block A, Malone Village City Block 325, located in the 2900 Block of Campbell Street. 11. Approve a one -year extension of a professional services agreement with The Retail Coach to provide retail analysis and recruitment in conjunction with the Lamar County Chamber of Commerce. 12. Approve reassignment of a hangar ground lease agreement from Lynne Svoboda to Eric Zarones. 13. Approve RESOLUTION NO. 2015 -025: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ( "ACSC ") AND ATMOS ENERGY CORP., MID -TEX DIVISION REGARDING THE COMPANY'S 2014 AND 2015 RATE REVIEW MECHANISM FILINGS; APPROVING A SETTLEMENT AGREEMENT WITH ATTACHED RATE TARIFFS AND PROOF OF REVENUES; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND ACSC'S LEGAL COUNSEL. 14. RESOLUTION NO. 2015 -026: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE PRELIMINARY PLAN TO CLOSE THE AT GRADE CROSSING AT FM 1497 AND LOOP 286 AND EXTEND THE FOUR LANES OF TRAFFIC ON LOOP 286 FROM THE FM 1497 INTERSECTION EAST APPROXIMATELY 1000 FEET ANDINSTALL TWO TURNAROUND LANES, ONE FOR EAST AND ONE FOR WEST BOUND TRAFFIC AND CLOSING THE INTERSECTION OF 6TH SE AND LOOP 286 DUE TO SAFETY CONCERNS Regular Council Meeting June 8, 2015 Page 4 AND INJURY /FATALITY ACCIDENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Regular Aeenda Council Member Pickle asked if item 23 could be moved forward on the agenda and Mayor Hashmi answered in the affirmative. A Motion to move item 23 forward was made by Council Member Pickle and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. 23. Receive presentation from the Texas Department of State Health Services about the Texas Healthy Communities Recognition. Debbie Ward representing the Texas Healthy Communities Program gave a presentation on the program and presented the City with a plaque designating honorable mention to Lamar County, for invaluable efforts to improve the health of the community. 15. Receive presentation from Mayor Hashmi on the water and sewer infrastructure bond project. Mayor Hashmi said he placed this item on the agenda, because we as a Council and the residents of the City were concerned as to the progress of the water and sewer bond work. He said he would give a brief presentation of the time lines and after the presentation they would proceed with a tour of the areas. Mayor Hashmi said included in the agenda packets was the presentation which had a map of the completed projects, as well as work that was being done and anticipated projects that were to be undertaken. He said also included in the packet was a list of questions he would like to the city manager to address, so they would know how projects were undertaken and followed through to completion. Mayor Hashmi gave a presentation on the water and sewer bond project, which included the history of the project that began in 2013, 93% approval vote by the citizens on the ballot, selection of the engineering firm, and sale of bonds on July 15, 2013. He explained the bonds were sold with a face value of $33,925,000 to give city net proceeds of $35,000,000. Mayor Hashmi further explained the total engineering project was estimated at $4,500,836 and $3,091,409.01 had been paid to AECOM. Also, included in Mayor Hashmi's presentation was the bid and award of Contract "A" to B. Bray Construction in March 2014, citing the contract had been completed. He said Contract `B -1" was bid in August 2014 and awarded in October 2014 to B. Bray Construction and that the total amount paid thus far was $1,044,651.35 which was 43.08% of the total amount of $2,425,002. Mayor Hashmi also said Contract `B -2" was signed with Pittard Construction for $3,041,970 and had not been started yet. He summarized the total funds and expenses, in that to date a grand total to current completion would be $10,718,393 for contracts "A ", "B -1" and `B -2" out of the original funds of $35,000,000 leaving Regular Council Meeting June 8, 2015 Page 5 available to the City for further work the amount of $24,281,607 plus an additional $10,000,000 bond available for sale leaving the total available amount of $34,281,607. Mayor Hashmi asked City Manager John Godwin if he wanted to address the questions before or after the tour and Mr. Godwin said it would be better to do so after the tour, because the Chamber needed the trolley returned to them for another event. 16. Tour of portions of the City with regard to the infrastructure bond project and tour the drainage ditch located at 41" Street and Highway 82 West. (5:30 p.m. — 6:15 p.m.) City Council, city staff, and citizens who elected to take the tour, left City Hall at 5:55 p.m. The first stop on the tour was Sperry Street. Everyone departed the buses and Council Member Clifford pointed out the concrete work was done by city employees, that the concrete was smooth, clean, lines were straight, expansion joints were included where old concrete met new concrete, and there were no cracks in the concrete. Council Member Clifford said this work was done 5 or 6 months ago and he complimented city employees for doing a professional job. Next, the tour proceeded to the 100 block of 23rd S.W. Street. Everyone departed the buses and Council Member Clifford said the work done on this street was an example of good work and the corner was done under the direction of TX DOT and they had done work on numerous other corners of the City and were all done well. He pointed out expansion joints were used between old and new concrete, that there were no cracks and this work was done about 2 years ago. Next, the tour proceeded to W. Houston Street and everyone departed the buses at 3730 W. Houston. The group toured the entire 13 work sites on the street and Council Member Clifford pointed out there were no expansion joints between the old and new concrete, curbs were cracked, a strip of concrete was placed between two old pieces of concrete, a single segment of sidewalk that did not contain an expansion joint, cracked smeared concrete, a curb that was saw cut and cracking, a driveway that contained cracking concrete and was in rubbles, a crooked curb that was cracked, driveways that were patched, rough concrete in a driveway, a piece of sidewalk that looked as a piece of heavy equipment scraped it and then was lifted up and placed down, and was uneven when it should have been jack hammered and replaced. Council Member Clifford pointed out the corner of 34th and Houston Street where there was new street repair and the concrete was raised up, crumbling and would need to be replaced in a couple of years. Council Member Clifford also pointed out the work on Houston Street was done in the last 3 '/2 months. Lastly, the tour went to view the ditch at Highway 82 West and 41St Street and people departed the buses. Council Member Clifford said he wanted to make everyone aware of how dangerous this ditch was and that it was about a 20 foot drop, it was eroding, full of water, there were no guard rails, there were snakes in the ditch and it was across the street from a park where children play. He asked that city staff look at this and come up with some suggestions of how to make it safer. Regular Council Meeting June 8, 2015 Page 6 The tour group returned back to City Hall at 6:55 p.m. 17. Staff recognition and receive presentation from Mayor Hashmi and Council Member Clifford on the water and sewer infrastructure project, the drainage ditch located at 41St Street and Highway 82 West, discuss and act. Mayor Hashmi recognized city staff members who did work on Sperry Street citing not only did they do awesome work, but they saved the City $10,000. Council Member Clifford gave a presentation which included a slide show reflecting photographs of the areas that were toured. Council Member Clifford said upon seeing the problems on Houston Street, he requested a copy of all the city inspection reports pertaining to the entire project from Mr. Godwin and received what was available to Mr. Godwin. Council Member Clifford also said he reviewed the specifications that were supposed to have been followed by the contractor and reviewed architectural drawings, which there was only one. He said he was a doctor and not a concrete expert, so he went to TX DOT and spoke with one of their engineers who explained the drawing to him. Council Member Clifford stated the drawing showed all of the concrete specifications including the required strength of the concrete, the sub - straight material the concrete must be laid on, the type of steel rebar that must be used for structural support in the concrete, as well as the required spacing of the rebar. He also stated the specs described the amount of concrete above and below the rebar as well as the thickness and dimensions of the parts of the curb. Council Member Clifford pointed out that one of the notes at the bottom of the drawing quotes "curb and gutter to have expansion joints on 30' centers at the end of all radius points and where new concrete ties to new concrete." Council Member Clifford said he met with Mr. Godwin and told him there did not appear to be any expansion joints between the new and the old concrete, that Mr. Godwin agreed and saw that the work was not in compliance with the specifications. Council Member Clifford said although he requested all inspection reports, that he did not receive any inspection report that reflects these specifications were followed. Council Member Clifford said the citizens of Paris are spending over $35 million on water and sewer repairs, and we only get one shot at this. He also said this project will provide modern reliable sewer and water services to Paris, but if the work is substandard the City will bear the cost of its repair. Council Member Clifford said he would like answers to numerous questions. Was the work on Houston Street in compliance with the contract? Who was responsible for ensuring that the work conformed to the required specifications? How often was the work inspected? And where are the inspection reports? Who was responsible for the inspections? Why does the City Manager not have the inspection reports? Were the inspections that were performed adequate to insure that the concrete was poured properly and with the proper internal specifications? What about the rest of the project that's completely underground and cannot be seen? Council Member Clifford pointed out that thus far he had only discussed the concrete work and not the pipes that were installed underground that could no longer be seen. Were adequate inspections preformed regarding the quality of materials used and their placement in the ground? Are there any problems that are hidden underground that will cause expensive Regular Council Meeting June 8, 2015 Page 7 problems for the City in the coming years? He said City Council and especially the citizens who live on Houston Street deserve answers to these questions. Mr. Godwin said he would go through the presentation and then Mr. Godwin explained a typical project from beginning to end and noted that Mayor Hashmi had covered some of the specifics during his presentation. Mr. Godwin explained part of the engineer's responsibility was to review all bids to make sure that they were complete and accurate, then along with staff make a recommendation to the City Council. Mr. Godwin said once work begins, the initial protection the City has is the in -house inspector Tim Moore who very regularly goes to the site. He explained that sometimes Tim may be out there for 8 hours and other times he may just drive by and make an observation depending on the job and what they are doing. Mr. Godwin said the sheets Council Member Clifford saw were daily logs of where Tim was and what he did, that they were not meant to be an inspection report. Mr. Godwin explained the inspector was always on -site if there was something major going on, such as connecting of pipes and lines being covered. He pointed out that pipe is not covered until inspected and tested. Mr. Godwin said in a lot of cases they will camera a line to see if there are any obstructions and to see if the flow is correct. Mr. Godwin further explained that in addition to in -house inspectors that in this case, that Aaron of HWH was the RPE (representative project engineer). Mr. Godwin said on a monthly basis there was a construction meeting in which case the City, the engineer, and the RPE meet to review the project, the progress for that month to see what work has been done, to see what work has been done acceptably, and once all parties agree that the work has been completed the bill is paid. He said in all cases they only pay 95% of the bill, and keep a retainage of 5% so if there's something at the end of the project that was not adequately done, they have the money and can make the contractor do it. Mr. Godwin said the contractor was not finished and some the work that was done in horrible weather was meant to be temporary. Mr. Godwin complimented in the in -house staff that did the Sperry Street Project and said this crew took care of things when the regular crew could not get to those items and especially helped in emergency situations. He went over the projects that he would be bringing back to Council and said that the City did not have the in -house folks or the ability to adequately inspect an upcoming $22 million. He said he would be coming back to Council to either hire an in -house inspector which he does not recommend or to have a third party inspector through the contractor. Council Member Frierson said they should be really cognitive on the variety of circumstances that had gone into this and obviously staff was working to improve it and he really appreciated staff. Council Member Frierson said Council had been specific that correction and improvements of road were to be minimal. He said part of what they saw today may or may not be a part of that. Council Member Plata said he understood where Council Member Clifford came up with the questions and for the most part agreed with him. He said something seems to have slipped by the wayside. Council Member Jenkins said in looking at all the pictures and going on the tour, he would like to see everything done right. Council Member Lancaster said she had real questions as to why they would want to accept a job that looks like what they had seen. She said it looks like they need to have an outside inspector for these projects and questioned if they go back and fix it would they be paying double. Council Member Lancaster Regular Council Meeting June 8, 2015 Page 8 said she would like to propose they have an outside inspector inspect this work. Mayor Hashmi said Mr. Godwin mentioned camera checks and pressure testing and inquired if there had been a camera check on these lines and if pressure testing had been done on the lines. Mr. Godwin said pressure testing is always done on water lines. Mayor Hashmi inquired of records on the pressure testing and Mr. Godwin said there would be documentation of the testing but not inspection type of documents. Inspector Tim Moore said he was the inspector for both jobs and the primary difference was that he managed the money spent on the Sperry Street Project, but not on the West Houston Street Project. Mr. Moore said the water lines were hydrostatic tested to make sure there were no leaks. Mayor Hashmi expressed concern if there were no records kept, then they would not know with certainty if the correct size of pipe was placed in the ground, or the necessary joints were used, and things of that nature. Mr. Moore said he kept the actual drawing in his truck and if there was anything that changed from the plans, he noted it on the drawing. Mayor Hashmi inquired if the engineers checked the work. Mr. Moore said on occasion an engineer is sent to the job -site from the local office. Mayor Hashmi wanted to know if there were density testing done on Houston Street of the lines and the concrete. Mr. Moore said there were density tests conducted on the road cut where the water line was laid in the road. Mr. Godwin said there were not density tests on the driveways. Mr. Moore said the density test on the road was conducted by APAX and it passed however, but that he was concerned about the compaction underneath the concrete where the actual road cut was done. Mayor Hashmi inquired whether or not it was specified in the contract about how far you cut a citizen's driveway and whether or not it is going to be repaired to its original state. Mr. Godwin said the contract required they go to the edge of the gutter so that did not include driveways. Mayor Hashmi said the information given to him was if the contractor goes into a driveway, they were to go to the first joint of the driveway and replace the driveway up to that joint. Mr. Godwin if the contractor disturbed a citizen's driveway, they were required to put that driveway back at least as good as they found it. Mr. Godwin said in several cases that did not happen according to what they had seen that night. Mr. Godwin said this work had not been accepted and to his knowledge the contractor had not finished the project. He said if the Council wants to come back and let folks from the Streets Department or another contractor do the final work that was a Council decision. Council Member Clifford said the contract states "there shall be expansion joints ", however none were installed. He also said the contract says the contractor will replace the driveway to the first expansion joint and that was not done. Council Member Clifford said in reviewing the work done, it does not appear the contractor fulfilled the contract. He asked if the quality of work seen on Sperry Street should have been seen on West Houston Street. Mayor Hashmi told Mr. Godwin the intent was to see that the citizens of Paris got what was promised to them when they approved the bond for replacement of water and sewer lines, and that the job was done right. Mr. Godwin agreed that the work was not okay, referencing the driveways and curbs. Mr. Godwin also said he thought a lot of that work needed to be redone at the contractor's cost, not at the City's cost. Council Member Clifford said he was fine with that and the importance of the tour was for everyone to see that work that had been done. Council Member Pickle said they may be jumping to a false conclusion and they had not been presented with a bill to pay for this work. He said the contractor was to go back in there and finish the work at the Regular Council Meeting June 8, 2015 Page 9 proper time. He said the nice work on Sperry Street was done in the summer and the work done on West Houston was done during cold and rainy weather. He said he would rather have a substandard driveway for the time being until weather was permissible to come back. Mr. Godwin said from his perspective the contractor is responsible for the finished product, and the product is not finished until Council says it is finished. Council Member Frierson said the project was not complete and they were trying to get this done as quickly as possible and to minimize the work on the roads. He said they had valid concerns. Council Member Lancaster said the work on the driveways was not acceptable and expressed concern about it having to be torn up and the City having to pay for the work twice. Mr. Godwin said the City would not do that and it was the responsibility of the contractor. Council Member Lancaster said she thought they needed some type of outside inspector. A Motion to hire an outside inspector was made by Council Member Lancaster. Council Member Pickle said they had an outside inspector for a while and Mr. Godwin said they still had one. Council Member Pickle asked what they were approving and Council Member Lancaster wanted to know about the reports. Following additional discussion, Holland Harper of HWH asked to address the City Council. Mr. Harper explained that the original AECOM contract contained line items for inspectors, and that money was reserved for inspectors. Mr. Holland further explained as the project cost increased, the city engineer and the city manager said they were in good shape at that time. Mr. Harper said the City has the option to get an outside inspector according to the contract. Council Member Lancaster questioned why that was an option and why it was not just being done. Mayor Hashmi confirmed with Mr. Harper that money was not allocated for inspectors in the smaller contract but it was in the larger contract. Mr. Harper said instead of hiring an outside inspector, the city staff chose to use that money to put more pipe in the ground. Mr. Harper said if the quality of work was not good they did not have to accept the work and the work could be redone without an expense to the City. He said he just wanted to give them that information. Council Member Lancaster said she would like for Mr. Harper to show her where in the contract that information was contained and he said would do so. Mayor Hashmi inquired if the next contract was going to include line items for inspections. Mr. Godwin confirmed there was a budget for inspections and clarified that when they met with AECOM the expectations were the City would use City in -house inspectors until they were too busy to be on the job site on a regular basis. Mr. Godwin said that had not happened yet. Mayor Hashmi confirmed with Mr. Godwin there were line items budgeted in the next project contract for outside inspectors. Council Member Clifford wanted to know if the concrete would be inspected, because of the current issues. Council Member Clifford said there were very specific specifications for concrete, such as it has to have re -bar, it has to be spaced a certain length, a certain thickness, a certain grade. He said for some reason they were not paying attention to those specifications and the results were what was seen on Houston Street. He asked Mr. Godwin if there would be inspections on the concrete that was going to be repaired, according to the specifications. Mr. Godwin answered in the affirmative. Mr. Godwin said he could not guarantee the work would be done 100% correctly in advance, as the City will not be doing the work. Mayor Hashmi asked if they could put this off until the next council meeting which would give Mr. Harper time to get Regular Council Meeting June 8, 2015 Page 10 the information to Council Member Lancaster. Council Member Lancaster said she wants to have an understanding and does not want this to happen again. Council Member Lancaster withdrew her Motion to hire an outside inspector. A Motion to table this item until the next meeting was made by Council Member Lancaster and seconded by Council Member Clifford. Motion carried, 6 ayes — 1 nay, with Council Member Frierson casting the dissenting vote. 18. Receive presentation from the engineering department on the infrastructure bond project. Council Member Hashmi said they covered this item under item 17. 19. Reconsideration of request by Debbie Hudgens and David Denison for disannexation of property located on Airport Road and 2650 Wildwood Lane. Mayor Hashmi said he wanted to clarify there were some concerns that other residents were not placed on the agenda, but he had gone to the other residences and left his card in case they had questions and did not hear back from them. Mayor Hashmi said people were promised services last time and that did not happen. Ms. Hudgens explained they were annexed in 1998 and promised services. She also explained in March 2013, they contacted Mayor Hashmi about the disannexation process and filed application. She said the request was tabled, services again mentioned, and Mayor Hashmi asked staff to explore getting services to them. Ms. Hudgens said in September of 2013 the disannexation was discussed and again they were promised services. She said again in April it was discussed and Council Member Wright said those not getting full services should be given some type of relief of what they had to pay, or full services be provided to them or they should be disannexed and that Mayor Hashmi agreed. Ms. Hudgens said in May 2013, there was discussion on the plans regarding disannexation/annexation requests. She said Mayor Hashmi agreed there needed to be a consistent policy, but he thought the City should in some way give a discount to those they could not provide services or if the City was not going to disannex those properties they should make a plan as to when they were going to provide services. Ms. Hudgens said at that time their request for disannexation was denied. She said their property met the several of the seven criteria in the City's policy for disannexation, there did not appear an end in sight that this was ever going to happen and that she and her husband respectfully requested Council grant their request for disannexation. David Denison said properties to the East and North of him were disananexed citing lack of services. It was a consensus of the City Council that the property owners be allowed disannexation because the services were not provided as promised. Mayor Hashmi said the engineering plans reflected the take sewer service to them would be detrimental because the lines would break down. City Council directed city staff to proceed with the proceedings. Patsy Smith said they had properties on both sides of them and if one person was going to get disannexed they also wanted to be disannexed. Mayor Hashmi said those who wanted to pursue disannexation should make application and follow the process. Larry Smith also spoke in support of the disannexation. Jody Humphrey also spoke and said he lived across from Debbie Regular Council Meeting June 8, 2015 Page 11 Hudgens and his back property line was the city limits. He said there would be a lot of people making application. City Attorney Kent McIlyar referenced the consideration of disannexations in 2013, and asked to City Council to be mindful that the city boundaries had to be contiguous or they would be creating problems. He also said they were not annexed all individually but as one large tract in 1997. Mayor Hashmi asked the Council to be mindful of what Mr. Mcllyar told them, but that his mind had not changed. Mayor Hashmi said he would like to place the disannexation requests on an agenda after all requests were received so they did not have to keep coming back. 20. Discuss Cox Field Airport utilities. Mr. Godwin gave an update to the Council that included engineering services had been contracted with Neal- Schaffer; routes and phasing were complete; the City was currently in the process of acquiring easements; Phase 1 Water would be bid in summer /fall 2015; the project was expanded to include sewer in the Margraves Addition and the plan was to bid that in Spring of 2016, which would enable to City to take three existing sewer lift stations out of service. Council Member Pickle confirmed with Mr. Godwin that there would be no water lines run to the area. Council Member Clifford inquired how close the Reno sewer was to this project and Mr. Godwin told him it was very close. 21. Discuss the possibility of providing city -wide services as related to water, sewer and fire hydrants to underserviced areas in the City of Paris, and provide direction to staff. Mayor Hashmi said Mr. Godwin had already addressed part of this item, but he wanted to know about lack of fire hydrants in the Margraves Addition. He said there was a fire at one point and people could not locate the fire hydrant. Mayor Hashmi said Mr. Godwin had already surveyed the area, and there is a major problem with drainage. However, Mayor Hashmi said water and sewer is what they were discussing and that the people in the Margraves Addition did not want to be disannexed from the City and the City should help them out if there was a way to do so. Council Member Clifford said there were also several people who live on Highway 79 who had been in the City for a long time and really want sewer and water. He asked Mr. Godwin to look into that to determine if it was economically feasible. 22. Discuss and act on a Resolution approving a Tax Abatement Agreement with Paris Lakes Medical Center, LLC. Mayor Hashmi said first of all, that he did not have a conflict with regard to this item and secondly, that he fully supported Mr. Parker creating the hospital but since Mr. Parker had an issue last time with him voting on it, that he was going to recuse himself. Council Member Clifford said he was going to recuse himself due to a conflict of interest. Regular Council Meeting June 8, 2015 Page 12 A Motion to recuse Mayor Hashmi was made by Council Member Pickle and seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. Mayor Pro -Tem Lancaster called for discussion on the item. City Attorney Kent McIlyar explained that on December 8, 2014, the City Council created Reinvestment Zone No. 2014 -1 on 40 acres of land near the intersection of SE Loop 286 and FM 905 for the proposed Paris Lakes Medical Center Project. Mr. McIlyar said Paris Lake Medical Center, LLC was requesting a ten year tax abatement on 100% of the improvements to be constructed on the 40 acre parcel and in order to receive the tax abatement, PLMC must invest a minimum of $108,000,000.00 in the project and complete construction of the following improvements no later than June 1, 2018: A) An acute care hospital with at least 64 beds and a minimum of 170,000 square feet of finished hospital space; B) Medical Office Building No. 1 ( "MOB 1 ") with a minimum 60,000 square feet of finished space to include: an ambulatory surgical center, radiology, physical therapy and pathology capabilities and physician offices with related fixtures, equipment, furniture and landscaping, parking and ingress and egress roads; C) Medical Office Building No. 2 ( "MOB 2 ") with a minimum 60,000 square feet of finished space, which will include: an oncology center and physician offices with related fixtures, equipment, furniture and landscaping, parking and ingress and egress roads; D) Medical Office Building No. 3 ( "MOB 3 ") with a minimum 60,000 square feet of finished space, which will include: a long -term acute care skilled nursing facility and physician offices with related fixtures, equipment, furniture and landscaping, parking and ingress and egress roads; and E) Medical Office Building No. 4 ( "MOB 4 ") with a minimum of 16,000 square feet of finished space, which will include: an urgent care center, physician offices, a leasing office and related fixtures, equipment, furniture and landscaping, parking and ingress and egress roads. Mr. McIlyar further explained if PLMC failed to complete all improvements by June 1, 2018, the tax abatement would automatically drop down to a seven -year tax abatement with standard scale percentage. Mr. Parker answered questions from the City Council. Council Member Pickle inquired of Mr. Godwin who was going to monitor the tax abatement agreement and Mr. Godwin said city staff would do so if instructed by City Council and staff would have to right now, because there was no one at PEDC. Mr. Parker said full reports would be sent every year to the Lamar County Tax Appraisal District and he would provide whatever the City and County needed. Mr. Parker said PJC was not included in the agreement, because they had requested to be excluded as they were struggling with finances at the time. Council Member Frierson wanted to know if the County was on board with this and Mr. Godwin answered in the affirmative. Mayor Pro -Tem Lancaster said she thought the State was addressing specific issues to help with PJC's tax base and she did not want to lose PJC. She said she wanted to see the project grow and prosper and asked when the project would begin. Mr. Parker said they would start as soon as they had finished with the permit processing and estimated that to be in about three or four weeks. A Motion to approve the tax abatement agreement as presented was made by Council Member Frierson and seconded by Council Member Pickle. Motion carried, 5 ayes — 0 nays. Regular Council Meeting June 8, 2015 Page 13 A Motion to return Mayor Hashmi and Council Member Clifford to the meeting was made by Mayor Pro -Tem Lancaster and seconded by Council Member Jenkins. Motion carried, 5 ayes — 0 nays. 23. Discuss, conduct a public hearing and act on an Ordinance changing zoning from a Commercial District (C) to a General Retail (GR) on the following properties: a. Lot 2 -F of City Block 313, located at 3680 Lamar Avenue (CVS). b. Lot 1, Block A of Petco Plaza 313, located at 3920 Lamar Avenue ( Petco Plaza Shopping Center). c. Lot 2, Block A of Petco Plaza 313, located at 3922 Lamar Avenue (Taco Bell) d. Lot part of 1, Block of the Morningside North Addition, located at 3940 Lamar Avenue (nail salon). e. Lot 2, Block B of the Morningside North #2 Addition, located at 4250 Lamar Avenue (Ben Glick — vacant lot). f. Lot part of 10 -A of City Block 313, being 0.977 acres, located in the 4200 block of Lamar Avenue (Arjumand Hashmi — vacant lot). g. Lot 1, Block C of the Morningside North #3 Addition, located in the 4300 block of Lamar Avenue (Clyde Pickens — vacant lot). h. Lot 1 -A, Block C of the Morningside North #3 Addition, located at 4250 Lamar Avenue (my dentist). i. Lot 2, Block C of the Morningside North #3 Addition, located at 4530 Lamar Avenue (Colonial Lodge). j. Lot 3, Block C of the Morningside North #3 Addition, located at 4550 Lamar Avenue (Jackson Medical Plaza). k. Lot 12 -B of City Block 313, being 1.586 acres, located at 4600 Lamar Avenue (Century 21 Executive Realty). 1. Lot part of 12 of City Block 313, being 1.12 acres, located at 4650 Lamar Avenue (Iftegar & Seema Syed — office). m. Lot 1 of City Block 313 -A, being 2.7289 acres, located at 4720 Lamar Avenue (Reno Paint & Body). n. Lot 1 -A of City Block 313 -A, being 1.5057 acres, located at 4760 Lamar Avenue (Jean B. Stephen — vacant lot). o. Lot 1 -13 of City Block 313 -A, being 1.5428 acres, located at 4820 Lamar Avenue (Texas Tumbling & Trampoline). Mayor Hashmi said he had a conflict on item f. and asked if he could get a Motion to pull out that item. A Motion to pull item f. out was made by Council Member Lancaster and seconded by Council Member Clifford. Motion carried, 7 ayes — 0 nays. Mr. Godwin explained that the future land use plan calls for Highway 82 East to be zoned General Retail and that some of properties were zoned General Retail, but many properties were zoned Commercial, Agricultural, and Light Industrial. He said that staff recommended and City Council agreed that the area should be rezoned to protect the area from potential undesirable uses. Mr. Godwin said the Planning and Zoning Commission recommended denial of all re- Regular Council Meeting June 8, 2015 Page 14 zonings and in order to approve these zoning changes it would take a 3/4 majority vote of the City Council. Mayor Hashmi asked Planning and Zoning Chair Holland Harper if he could come forward and Mr. Harper did so. Mayor Hashmi inquired of Mr. Harper as to why P &Z voted unanimously against the zoning changes. Mr. Harper explained there would be no effect to a zoning change of some of the properties, but on others there would be a big effect. He specifically referenced raw land and Reno Paint and Body, citing Reno Paint and Body owned a 20 -25 thousand square foot Paint and Body shop that was specifically only allowed in commercial or light industrial. Mr. Harper said that was not allowed in retail. He also said if the owner wanted to expand that he would not be able to get a building permit. He went on to say if you owned the raw land to the north, the 4 % acre tract, and you wanted to put in a freightliner dealership that you would not be able to do so because that would only be allowed in commercial. He said the blanket zoning would limit the ability for people to develop this property for the highest value. Mr. Harper said those are the reasons Planning and Zoning denied the re- zoning and they requested any re- zoning be done on an individual basis. City Council discussed grandfathering of properties and specifically Reno Paint and Body. Mr. Godwin explained that City Council could approve some of the changes or none of the changes. Mr. Harper said to change the zoning on these properties from commercial to retail would decrease their property values. Mayor Hashmi said he had several concerns, one of which was he did not like the ideal of rezoning every property under one action and secondly, if a strip club wanted to open in the area there was nothing they could do to prevent it. Mr. Godwin confirmed that one of the land uses was a sexually oriented business with a SUP. Mayor Hashmi said he would have to defer to the city attorney if they could write into the ordinance restricting specific uses in that area, such as modification of the commercial zoning. Mr. Godwin said the problem with that was there were problems zoned all over the City that were commercial and that might make someone illegal for non - performing use in another area. Mr. Harper pointed out that sexually oriented businesses required a specific use permit, which required public notice, public hearing, and that it would have to go to the Planning and Zoning Commission. Mr. McIlyar said those type of business have to go through a thorough process involving the police department and they also have to obtain a SOB license in the City. Mayor Hashmi inquired if it was doable, should they not change everyone's zoning and stipulated what was not allowed in that area or did so by requirement of special permit. Mr. McIlyar said they could do that, but because this had gone through P &Z, this would need to go back to P &Z for them to study the commercial zoning district. It was a consensus of the City Council to send these zoning items back to the P &Z Commission. A Motion to send this back to P &Z for the commission to study and bring back suggestions about the commercial zoning districts was made by Mayor Hashmi. A Motion to combine items 24 through 31 was made by Council Member Pickle and seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. Regular Council Meeting June 8, 2015 Page 15 Council Member Pickle seconded Mayor Hashmi's motion to send the items back to the Planning and Zoning Commission. Motion carried, 7 ayes — 0 nays. 32. Discuss and possibly act on formation of a Charter Review Committee to review the Charter and assess the need for a city -wide election of the mayor and possibly moving the general election from May to November. Mayor Hashmi said in 2007, a detailed charter review was done by a committee comprised of the citizens of Paris. He also said this committee made suggestions that were initially approved by the Council to be placed on the ballot for the citizen's to vote on. Mayor Hashmi said there had been repeated cause by the residents of this community for various items, including a city wide election for mayor and the possibility of moving elections from May to November, when there was a heavier turnout of voters. He explained Senate Bill 733 if approved, would allow cities to move their elections to November. Mayor Hashmi suggested that each Council Member nominate an individual that they felt would serve do a good job by being on the charter review committee. He said the information in the agenda packet asked Council Members to be prepared to nominate someone at this meeting if they supported appointment of a Charter Review Committee. He said he would like to hear from the Committee no later than the second meeting in July because of the deadline to call the election. Council Member Pickle wanted to know if the committee would be totally independent of the City Council and Mayor Hashmi said the committee would bring recommendations to the Council. Council Member Frierson expressed concern about the process be hurried and that he had heard two people in the last year mention a city -wide mayor. He said he still had people mad at him that served on the CIP Committee because of the way they were treated by the Council and he did not feel he could support this. Council Member Clifford favored the ideal because in November it seemed as though the number of voters tripled compared to May. He said there were numerous other items that could be reviewed in the Charter. Council Member Plata said he was in favor of it and that his only concern was the timeframe of trying to get it accomplished by the second meeting in July. Council Member Jenkins said he liked the ideal. Council Member Lancaster she was very much in favor of it. A Motion to appoint a Charter Review Committee was made by Council Member Clifford and seconded by Mayor Hashmi. Motion carried, 6 ayes — 1 nay, with Council Member Frierson casting the dissenting vote. Mayor Hashmi gave the name of Charles Richards, Council Member Lancaster gave the name of John Wright, Council Member Clifford gave the name of Joanie Moore, Council Member Jenkins gave the name of Anna Spencer and Council Members Plata, Frierson and Pickle said they would each provide a name to the city clerk. 33. Discuss and act on amendments to the Policies and Procedures for Boards, Commissions, and Committees. Mr. Godwin explained some of the changes were necessary to as required by State Law and some of the changes were administrative specifically dealing with when people were beginning their terms and the transition period. Regular Council Meeting June 8, 2015 Page 16 A Motion to approve the amendments as presented was made by Council Member Lancaster and seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. 34. Discuss placement of a traffic light at the intersection of Collegiate Drive and Pine Mill Road and provide direction to staff. Council Member Clifford said he asked that this item to be placed on the agenda, because several people who live on Collegiate Avenue were concerned especially with the school traffic. He said there was no regulation of traffic and a lot of those people have to back out on Collegiate Drive. Council Member Clifford said a light would regulate traffic and he would like to refer this item to the Traffic Commission to have them study the possibility about putting a traffic light at this location. It was a consensus of the City Council to refer this item to the Traffic Commission. 35. 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: • Ben Glick, d/b /a Tri -State Iron & Metal's Appeal /claim. • Ali Burress v. Ronnica Blake; Civil No. 4:14 -CV- 00035; In the United States District Court Eastern District of Texas - Sherman Division. Mayor Hashmi convened City Council into executive session at 9:13 p.m. 36. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 9:25 p.m. and said Council received an update from the City Attorney on the lawsuit. 37. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Mayor Hashmi said he would like for recycling to be addressed at the next City Council meeting. 38. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 9:26 p.m. A.J. HASHMI, MAYOR JANICE ELLIS, CITY CLERK Regular Council Meeting June 8, 2015 Page 17