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03 Council Min 11-04-04 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS November 4, 2004 The City Council of the City of Paris met in regular session at 6:00 P.M., Thursday, November 4, 2004 at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Mayor Curtis Fendley called the meeting to order with the following Council members present: Jay Guest, Mary Ann Fisher, Don Wilson, Karen Wilkerson, and Rick Poston. Also present were Interim City Manager Larry Shaw, City Attorney Larry W. Schenk and Asst. City Clerk Sherian Dixon. Mayor Fendley called for receipt of the report from the Planning and Zoning Commission, with no action required. Mayor Fendley opened the Public Hearing to hear a petition from Charles Park for a change in zoning from a Two-Family Dwelling District (2F) to a Neighborhood Service District (NS) with Specific Use Permit (28) Mortuary or Funeral Parlor on Lot 10, City Block 70-A, being number 1305 Pine Bluff Street. Mayor Fendley reminded Council that this was tabled last month and there needed to be a motion if they wished to bring it from the table. Councilman Guest - motion to bring from the table. Councilwoman Fisher - second. The motion carried 5 ayes, 1 nay, Councilman Wilson voting no. Mayor Fendley called for anyone in favor to appear and no one appeared. Mayor Fendley called for opposition and Sandra Chappell of 1318 Pine Bluff appeared. She stated that she had lived directly across the street from this property for forty (40) years. She related that she was told that the people interested in this property wanted to tear the house down and put up a metal building for a funeral home. She said her house is historic and she thought the whole neighborhood should be declared historic. She felt this funeral home would not be good for the neighborhood. No one else appeared for or against the petition. Mayor Fendley said the Planning and Zoning Commission denied this petition 6 ayes to 0 nays. Councilman Wilson - motion to deny the petition. Councilman Guest - second. The motion carried 6 ayes, 0 nays. Regular City Council Meeting November 4, 2004 Page 2 Mayor Fendley opened the Public Hearing to consider the petition of Chad Stephens for a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a One-Family Dwelling District No. 2 (SF-2) with Specific Use Permit (50) Recreational Facility (Private), on Lots 8-A and 12, City Block 262, th being number 1240 20 Street N. E. No one appeared to speak in favor of the petition. Tracy Risinger of 1060 N. E. thth 20, John Grimley of 1295 20 N. E., Saundra Hill of 1225 22 N. E., Cindy ndnd Thoms of 1255 22 N. E., and Virginia Allen of 1240 22 N. E. all spoke against the petition, citing the danger, the noise, the traffic hazard and the messiness as reasons for their opposition. Mayor Fendley mentioned that the Planning and Zoning Commission denied this petition by a vote of 7 ayes, 0 nays. Councilman Wilson - motion to deny the petition. Councilman Poston - second. The motion carried 6 ayes, 0 nays. Mayor Fendley opened the public meeting to consider the petition of Toby Yoder for a change in zoning from an Agricultural District (A) to a One-Family Dwelling District No. 3 (SF-3) with Specific use Permit (39) Mobile Home, on th Part of Lot 17, Block 323 (Tract 1), being number 2515 19 N. W. Toby Yoder appeared in favor of his petition and related that he wanted to put a double or single wide mobile home on this property. He passed out pictures of the surrounding area to the Council. On a question from Mayor Fendley, Mr. Yoder explained this would be rental property. Jerry Millsap of Route 1 Box 539 appeared against this petition, stating that he has property near this location. He felt that a mobile home would not improve the area. He said they have been trying to sell the property but due to the surrounding area, they have not been able to. Councilman Guest asked about City policy on spot zoning and mentioned that Mr. Yoder tore down an uninhabitable house on this lot and there was a very Regular City Council Meeting November 4, 2004 Page 3 nice mobile home near by. Community Development Director Wright said the mobile home was on the property before it was annexed into the City and everything out there is zoned Agricultural. On a question from Councilman Wilson, City Attorney Schenk said spot zoning is a request for change in zoning that is inconsistent with the surrounding use and zoning of the property. He said this request would be an up-zoning. Councilman Wilson said this was a lack of planning. Community Development Director Lisa Wright said this was designated just as future land use in the Master Plan. Interim City Manager Shaw suggested tabling action on this petition and remanding it back to the Planning and Zoning Commission to address zoning in that area. Councilman Wilson said there needed to be some kind of ordinance concerning manufactured or modular homes. Mayor Fendley closed the public hearing. Councilman Wilson - motion to table action on the petition. Councilwoman Wilkerson - second. The motion carried 5 ayes, 1 nay, Councilman Guest voting no. The item was referred back to the Planning and Zoning Commission to address the zoning in that whole area. Mayor Fendley called for consideration of and action on the Replat of Lots 1, 2, 3, 4, 5, and 6, Block 1 of Hull Addition, being located in the 1200 Block of th 6 Street N. E. Councilwoman Fisher - motion for approval, subject to the City Engineer’s recommendations. Councilman Guest - second. The motion carried 6 ayes, 0 nays. Mayor Fendley opened the Public Hearing to receive input regarding the adoption of an ordinance nominating an area of the City for the purpose of participating in the Texas Enterprise Zone Program and expressing the City’s intent to nominate We Pack Logistics, L. P., as an Enterprise Project and to receive input regarding incentives to be offered with the proposed zone. Jason Villareal, of Capital Certified Development Corporation in Austin, came Regular City Council Meeting November 4, 2004 Page 4 forward and stated he was an advocate for the program and had been working closely with Gary Vest on the application. He explained that, due to recent State legislation, any City that wants to continue to participate in the Enterprise Zone Program must pass a new ordinance to bring them up to date. He continued that they must also name a City liaison and designate a particular project, which is We Pack Logistics. He enumerated the incentives available to We Pack under this program when they meet the requirements of the program. On a question from Councilman Wilson, Mr. Villareal related that under the old ordinance, the Enterprise Zone was a designated area and under the new ordinance, the Zone would be a business location. Gary Vest, Director of the Paris Economic Development Corporation, encouraged the City Council to participate in this program. He explained under the old ordinance, the West side of Paris was the current Enterprise Zone, and under the new ordinance, any business within the City could be designated an Enterprise Zone. No one appeared to speak in opposition. ORDINANCE NO. 2004-053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDAINING THE CITY’S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT); PROVIDING TAX INCENTIVES; DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES; NOMINATING WE PACK LOGISTICS, L. P. TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) AS AN ENTERPRISE PROJECT (PROJECT); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN Regular City Council Meeting November 4, 2004 Page 5 EFFECTIVE DATE, WAS PRESENTED. Councilman Guest - motion to approve. Councilman Poston - second. Carried 6 ayes, 0 nays. ORDINANCE 2004-054 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 8.448 ACRES, MORE OR LESS, AS REQUESTED BY PETITION OF THE OWNERS THEREOF; GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. Councilman Wilson - motion to approve. Councilwoman Fisher - second. Motion carried 6 ayes, 0 nays. Resolution No. 2004-192 - A resolution of the City of Paris, Paris, Texas, approving Addendum No. Two to the lease agreement dated September 10, 2001 between the City of Paris, Paris, Texas and Archers for Christ for the lease of that tract or parcel of land designated as area No. 1 (One) located at Lake Crook; making other findings and provisions related to the subject and declaring an effective date, was presented. Councilman Wilson - motion to approve. Councilwoman Fisher - second. Motion carried 6 ayes, 0 nays. Resolution No. 2004-193 - A resolution of the City Council of the City of Paris, Regular City Council Meeting November 4, 2004 Page 6 Paris, Texas, approving and authorizing an intergovernmental agreement with Paris Independent School District for provision of Juvenile Justice Resource Officer Services to all PISD Campuses during the 2004-2005 school year; making other findings and provisions related to the subject; and providing an effective date, was presented. Councilman Guest - motion to approve. Councilman Poston - second. Motion carried 6 ayes, 0 nays. At 6:48 p.m., Mayor Fendley called for the City Council to convene in Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal counsel pertaining to pending or possible litigation and to receive advice of legal counsel pursuant to the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas regarding the following matters: A. Update on the City of Paris vs. Standard Life and Accident Insurance Company and Brokers Risk Placement Service, Inc. Cause No. 72052, nd 62 Judicial District Court. B. Update on the legal action of the collection of delinquent franchise fees from TXU Gas Company. C. Update on Billy C. Brown vs. City of Paris, Historical Preservation Commission and Thomas Haynes, Cause No. 4:04CV81, U.S. District Court - Eastern District, Sherman Division. D. Update on Marieta Oglesby vs. The City of Paris, Cause No. 73003; th 6 Judicial District Court. Mayor Fendley reconvened the City Council in Open Session at 7:03 p.m. For possible future agenda items, Mayor Fendley mentioned the City Charter and what kind committee was needed for that and the Lake Crook residential plan. Regular City Council Meeting November 4, 2004 Page 7 City Attorney Schenk reminded everyone of the Chamber Banquet this month. Referrals: Joe Iglehart for a change in zoning on Lots 25, 26 and 27, Block 2, Lamar th Terrace Addition, 128 24 Street SE from a One Family Dwelling District No. 2 (SF-2) to a Neighborhood Service District (NS). Tony Bryant for a change in zoning on part of Lot 10, Block 289, 3231 Margaret Street for a change in zoning from One Family Dwelling District No. 2 (SF-2) to Planned Development - A. Mayor Fendley reminded the Council that there was a meeting Monday, November 8, 2004 at 4 p.m. at the Fairgrounds, which would be an interview, and the regular meeting the same day at 6 p.m. at the Civic Center. There being no further business, the meeting adjourned. _________________________________ CURTIS FENDLEY, MAYOR ATTEST: __________________________________ SHERIAN DIXON, ASST. CITY CLERK