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05 - MINUTES OF APRIL 11, 2016 COUNCIL MEETINGItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS April 11, 2016 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, April 11, 2016, at the City Council Chamber, 107 E. Kaufinan, 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; Stephanie Harris, Interim City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Carla Easton, City Engineer; Larry Wright, Fire Chief; Bob Hundley, Police Chief; Doug Harris, Utilities Director; Jerry McDaniel, Public Works Director; Kent Klinkerman, EMS Director; Alan Efrussy, Planning Director; and Priscilla McAnally, Library Director Opening Asenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Lancaster led the pledge. 4. Citizens' Forum. Robert Burns, 507 Church — he said he represented several people with regard to what was going on at Gene's Flea Market. He said the market was a gathering place used to sell goods, for recreation and religious purposes citing this was all some people had. Mr. Burns said his electric meter was pulled without due process. Martha Michallek, 2890 Calvin St. — she said she was a vendor at the market and had brought with her a petition with over 1,000 signatures. Regular Council Meeting April 11, 2016 Page 2 Ken Higdon, Chamber President — he expressed appreciation to city staff for their help during the ASA Shoot -out and stated there were over 1,600 shooters at the event. Mayor Hashmi asked Mr. Godwin to place an item on the next agenda regarding Gene's Flea Market. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the consent agenda for discussion. There being none, a Motion to approve the consent agenda was made by Council Member Pickle and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meeting on March 28, 2016. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Paris Economic Development Corporation (amended, 2 -16 -2016) b. Historic Preservation Commission (3 -9 -2016) 7. Receive a list of public information requests. 8. Approve the Final Plat of Lot 1, Block A, Leatherman Addition City Block 126, located at 746 W. Kaufinan Street. 9. Approve RESOLUTION NO. 2016 -012: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, LAMAR COUNTY, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO BECOME A RESERVATION SYSTEM PARTICIANT FOR HOME FUNDS TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS; GRANTING AUTHORITY TO THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER INSTRUMENTS REQUISITE IN IMPLEMENTING SAID RESOLUTION, AND AUTHORIZING THE CITY CLERK TO AUTHENTICATE THE CITY MANAGER'S SIGNATURE TO ANY AND ALL OTHER INSTRUMENTS REQUISITE IN IMPLEMENTING SAID RESOLUTION. Regular Agenda 10. Conduct a public hearing, discuss and act on 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 24, CITY BLOCK B, BEING LOCATED IN THE 2600 BLOCK OF CRESCENT DRIVE, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE- FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A TWO- FAMILY DWELLING DISTRICT (217); DIRECTING A CHANGE ACCORDINGLY IN THE Regular Council Meeting April 11, 2016 Page 3 OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Planning Director Alan Efrussy explained this change in zoning was brought by Sequoia Brown, on behalf of Russell & Leslie Stidham, who were requesting the zoning be changed to a Two - Family Dwelling District. Mr. Efrussy further explained that a petition was submitted to the Planning and Zoning Commission by citizens asking for denial of the request, that the Planning and Zoning Commission unanimously recommended denial of the request and staff supported the recommendation of the Commission. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. Shane Bolton spoke in opposition of the zoning change. With no one else speaking, Mayor Hashmi closed the public hearing. A Motion to deny this item was made by Council Member Pickle and seconded by Council Member Clifford. Motion carried, 7 ayes — 0 nays. 11. Conduct a public hearing, discuss and act on ORDINANCE NO. 2016 -011: 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, BY AMENDING SECTION 8, "USE OF LAND AND BUILDING;" BY AMENDING SECTION 12 -100, "SPECIFIC USE PERMITS;" BY ADDING SECTION 29, "PARTICULAR REQUIREMENTS FOR SOLAR FARMS; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Efrussy explained items 11 and 12 addressed the Paris zoning ordinance. He said item 11 dealt with the central area and the purpose was to enhance the downtown area. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 12. Conduct a public hearing, discuss and act on 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, BY AMENDING SECTION 8, "USE OF LAND AND BUILDING;" BY AMENDING SECTION 12 -100, "SPECIFIC USE PERMITS;" BY ADDING SECTION 29, "PARTICULAR REQUIREMENTS FOR SOLAR FARMS; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Regular Council Meeting April 11, 2016 Page 4 Mr. Efrussy told the Council that a potential applicant had spoken to staff about a solar farm and the purpose of this amendment was to create a definition for solar farm. Mayor Hashmi questioned the electric generation, as well as any health hazard. Council Member Pickle inquired if the project would have to come to Council and Mr. Efrussy said it would not, because they were not requiring a special use permit. Mayor Hashmi said he thought they needed to look into this further, specifically citing that the solar farms he had seen were in wide open spaces. It was a consensus of City Council that more information was needed. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. A Motion to table this item was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 13. Receive presentation from the Lake Crook Park Committee, discuss and possibly act on the committee's recommendations for improvements to the parks area. Mayor Hashmi expressed appreciation to the Committee for their hard work on this project, as did the entire City Council. Chair Ruth Ann Alsobrook presented Council with a plan for improvements, which included a new playground, a new trail, picnic areas and camping areas. She explained six security lights would be installed, as well as additional parking and newer port-a -pots. Mayor Hashmi said that he had a person who expressed an interest in donating LED lights if that was suitable. City Council discussed the possibility of improving the street to the park and Mr. Godwin said that could be done but they would need funds and he reminded Council that money on the bridge would need to be spent soon in order to maintain it. Council Member Pickle said he would like to see a basic sign on 271 and that he thought they could allow the project to be a part of KPB. A Motion to approve the Committee's recommendation and fund the project from the donated funds was made by Mayor Hashmi and Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 14. Receive presentation from EST Engineers on their inspection and review of Utilities Project B -1. City Engineer Carla Easton said she understood over the last year there had been concerns about Project B -1 and earlier this year it was requested to have a third party inspector for evaluation. Ms. Easton said the City contracted with EST Engineering Services and then introduced Rod Wallace and David Smith of EST Engineers. David Smith explained the project began in November 2014, which included the installation of new water lines, sanitary sewers, and pavement repair along West Houston Street, Maple Avenue, and 19th Street SW. He said the Houston Street project consisted of Regular Council Meeting April 11, 2016 Page 5 approximately 1,200 feet of 6 -inch water line and 1,200 feet of 6 -inch sanitary sewer and the Maple Avenue project consisted of 1,100 feet of new 6 -inch water line. Mr. Smith also said daily inspections were performed by a City inspector and onsite material testing was performed by a third -party lab. He said the utility work on Houston and Maple was substantially complete in March 2015, and a visual inspection of the pavement repairs on Houston Street by the City initiated concerns about the overall quality of work performed by the contractor. Mr. Smith explained the pavement repairs had been reconstructed by the contractor at the direction of the City however, some uncertainty remained regarding the quality of work on the underground utilities. Mayor Hashmi said he did not receive the packet until tonight and said he reserved any questions he had until he had a time to review the report. Council Members Lancaster and Clifford said they did not receive it either. City Manager John Godwin said the reports were to have gone out to them. City Clerk Janice Ellis explained that she sent an e -mail to Council on Thursday to inform them that the bound reports could be picked up from her office. Council Members Frierson and Pickle said they received it. Ms. Ellis said perhaps some Council Members did not see the paragraph about the report, because it was sent with a message about the agenda packets. Mr. Smith reported EST's summary of findings and conclusions were that the inspections performed by the City of Paris Public Works employees were completed appropriately for the contract. He also said construction of underground utilities was completed per plan and was currently functioning without any issues. Mr. Smith said Tim Moore was the inspector for the project and performed the inspection while still maintaining his daily responsibilities. He said the City had instituted a new daily project recording procedure since this project. He also said overall, the condition of the utility construction was quality work and the lines appeared to be free of leaks with no present infiltration and that no alterations of the existing network were recommended at this time. Council Member Plata inquired about 19'' Street and Mr. Smith said it was not a part of the engagement with the City. Council Member Clifford asked if there were any test digs done to check the bedding materials for the pipe or did they just go through there with a camera. Mr. Smith said they did not doing any bedding test digs and the only thing they did was run the close circuit camera through there. If the bedding is not proper after a period of time of you will get a settlement there. Council Member Clifford inquired how long it took to get a settlement. Mr. Smith said it depended on the amount of volume of water that leaks and how quickly a void forms. He also said as much rain as Paris had experienced, if we had settlement in our lines it should have shown up by now. Mayor Hashmi referenced a photograph in the packet that reflects 3 -17 -2016 and he said the date did not conform to the Houston Street Project and the building was not on Houston Street. Mr. Wallace said those were pictures that Tim sent to him to show what they were doing now as part of their new process. Mayor Hashmi asked if there were current pictures of Houston Street and Mr. Wallace said he did not have those at the time. Mayor Hashmi said he was curious if it was done routinely why those pictures were not included. Mayor Hashmi said he did not want to ask additional questions without review of the report. Council Member Pickle said he was satisfied with the report and asked for an opinion of Regular Council Meeting April 11, 2016 Page 6 city staff's work. Mr. Smith said Mr. Moore and Mr. Shew did outstanding work. Council Member Clifford wanted to know if they had seen the work that was done on the driveways and curbs and asked them if they were aware it passed inspection. Council Member Clifford said the concrete was completely out of compliance and was crumbling after a few months, which resulted in questioning the integrity of the entire job. Council Member Clifford said it was only when he pointed out it was not done to specifications was it dug up and done correctly. Mr. Wallace said he did not see that, and the remedial work that was done was great. He said the project was functioning as it should and asked that Council review the video. Council Member Pickle said they were never asked to approve funding of anything during the three months when the job was not complete. Council Member Frierson thanked city staff for doing the work the right way the first time and Council Member Clifford said except for the curbs, which were horrible and no comment was ever made about the curbs. He said supposedly the inspector was watching it being done and obviously it was not being done correctly, according to contract specifications. Mayor Hashmi said he wanted to review the report and talk to EST at a later date. 15. Convene into Executive Session pursuant to Section 551.074 of the Texas Government Code, (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, or (2) to hear a complaint or charge against an officer or employee, as follows: city manager. Council Member Pickle asked if they had to go into executive session and Mayor Hashmi said it was a personnel item and he thought they should go into executive session. Council Member Pickle inquired if Mr. Godwin was okay with doing this in open session and Mr. Godwin said he was happy to do whatever the majority of the City Council wanted to do. Mayor Hashmi said he would take a vote of the Council. A Motion to remain in open session was made by Council Member Pickle and motion failed for lack of a second. Mayor Hashmi convened City Council into executive session at 6:49 p.m. 16. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 7:50 p.m. and said they discussed the performance of the city manager. He said some Council Members had some reservations and some Council Members had no comments. Mayor Hashmi said the reservations were about being pro- active on certain jobs particularly the bond project. He said they also discussed supervision of the bond project, which they would discuss in the next item. 17. Discuss and act on creation of a new supervisor position or project manager to oversee the 2013 water and sewer bond projects. Mayor Hashmi said he placed this item on the agenda because he wanted the city manager's opinion. He said Council had been hearing from people about the job that was done Regular Council Meeting April 11, 2016 Page 7 and the amount of time it was taking. Mr. Godwin recommended that they seek a single person so they have a focal point. He said this was budgeted and had not been done by AECOM for the last several months. Mr. Godwin said staff had been attempting to fill this gap. He explained the options as hiring a full -time employee but did not recommend it; another option was to make AECOM responsible for providing a person and that person would be responsible for making a report to the Council once a month for several months. He said an advantage of AECOM would be they know the plans better. Mr. Godwin also said an option would be to hire a third party and the advantage was the person would be freer to question the contractor and engineer, and they would be working directly for the City. Mayor Hashmi said he thought they should hire a third party contract individual, who would have the power to stop a project if it was not going right and that person should coordinate the project between the staff, residents, City Council and City Manager. Mayor Hashmi said this project was too important of a project and that the individual should be at every Council meeting to give an update to the Council. It was a consensus of the City Council to hire an outside third party. A Motion to hire an outside third party to oversee the 2013 water and sewer bond projects was made by Mayor Hashmi and seconded by Council Members Lancaster and Clifford. Motion carried, 7 ayes — 0 nays. 18. Receive a detailed update on the 2013 water and sewer bond projects, including the date the project/job was let, the start date, status of each project/job and associated costs to date and estimate completion date of each project/job. Mayor Hashmi said he placed this item on the agenda, but was not necessarily interested in the associated costs. Ms. Easton inquired which projects Council wanted an update and Mayor Hashmi said only the ongoing and upcoming projects. Ms. Easton explained Package 4 included water and sewer line repairs on Pine Bluff Street, Lamesa Heights, Clarksville Street, 6`t' SE, 8' SE, 12 SE, Graham Street, 40"' SE, and 17t` NE. She also said it would encompass repairs in downtown and along 286. Ms. Easton said the project on Pine Bluff Street was expected to be completed in the fall, and that the Lamesa Heights project would begin soon. Ms. Easton reported that the start date from improvement of lines along Loop 286 was still to be determined as a few easements need to be secured. Ms. Easton told Council lines had been replaced to 8`h Street with water lines to be replaced in the summer and repaving on Pine Bluff in the fall. 19. Receive presentation from Council Member Clifford regarding the bond project in West Paris, discuss and possibly take action. Council Member Clifford presented slides reflecting muddy streets, curbs that were already cracking, and muddy driveways, noting that in some instances you would nearly have to have a four wheel drive vehicle to get down the street. He said he had been contacted by constituents a couple of weeks ago which prompted a walking tour. Council Member Clifford Regular Council Meeting April 11, 2016 Page 8 said it was his understanding that subsequently to his tour, that a lot of this had been fixed. He said he was pleasantly surprised and pleased to learn this. Council Member Clifford said this project was a high priority. 20. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. Mr. Godwin informed everyone that the grand opening of the First United Methodist Park was scheduled for April 23. 21. Receive update on bond projects from staff, and discuss. Council Member Frierson said he requested this item and it had been covered and this project was a works in progress. 22. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 8:12 p.m. A.J. HASHMI, MAYOR JANICE ELLIS, CITY CLERK