02 City Council (02/07/2002)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCII,
FEBRUARY 7, 2002
The City Council of the City of Paris met in regular session Thursday, February
7, 2002, 6:00 P. M., Paris Junior College, 2400 Clarksville Street, Paris, Texas,
Applied Technology Building, Room 1016. Mayor Pfiester called the meeting
to order with the following Council Members present: Joe McCarthy, Richard
Manning, Kevin Gray, and Benny Plata. Also present were City Manager
Michael E. Malone, City Attorney Larry W. Schenk, and Mattie Cunningham
City Clerk.
City Manager Malone presented the minutes of the Planning and Zoning
Commission's meeting of February 4, 2002, and attached hereto to as Exhibit
A to these minutes.
Mayor Pfiester declared the public hearing open on the petition of Joe Chamy for
a change in zoning from an Agricultural District (A) to a One-Family Dwelling
District No. 3(SF-3) on Tract 1 to Planning Development District (PD-b)
Housing Development and Tract 2, Lot 2, City Block 308, located in the 500
Block of 19"' Street S. W. (also referred to as 1400 W. Washington Street).
Mayor Pfiester called for proponents to appear and Mary Lane came forward
telling the City Council that she is one-half owner in the property in question,
which is only about three blocks from the new Heritage Park Ms. Lane stated
that the project would be a wonderful opportunity for west Paris. She said that
Mr. Chamy is willing to take a chance on west Paris and he is to be commended
for that. She requested that the City Council favorably consider this zoning
change.
Ed Vaughan, with the firm of Vaughan Architect Plus, appeared advising the
City Council that they are the architects that Mr. Chamy has retained to design
this property. Mr. Vaughan stated that the project will be a great improvement
to the neighborhood, and as the architect, he was prepared to answer any
questions that anyone might have regarding the project.
Joe Chamy came forward requesting approximately nine acres to be rezoned as
City Council Meeting
February 7, 2002
Page 2
Planned Development and the remaining ten acres be rezoned as Single Family
Development. Mr. Chamy said he is going to build seventy-six units of senior
citizen housing. This will be extremely low density housing of approximately
nine units to the acre. There will be nineteen four-plex, single story units. The
complex will be comprised of sixty-eight one bedroom units that will be
roughly 750 square feet in size. There will be eight two bedroom units of about
950 square feet in size. There will be only one access to this entire community;
it will have fencing all the way around and it will be gated. Mr. Chamy advised
that there will be a community room with approximately 4,000 square feet along
with a swimming pool, library and health facility. Mr. Chamy advised that he
has been involved in development of multi-family complexes for about fifteen
years, specializing in affordable housing. He passed out pictures of other
complexes that his company constructed and managed and letters of
recommendations from mayors of those communities.
Herschel Blankenship, 1885 West Washington, appeared in support of the
Senior Living Complex being developed. He felt this would be a start in
cleaning up this part of the city.
Mayor Pfiester called for opponents to appear, and Angela Bedford, 620 19"'
SW, was present expressing opposition to the rezoning. She said this sounds
good, but felt it will increase traffic and she would like for the wooded areas
to stay. Ms. Bedford said if grandchildren were allowed to live with their
grandparents, this would defeat the purpose of a senior citizens complex. Mr.
Chamy responded by saying that this would not be allowed and this matter
would be covered by the lease agreement.
Councilman Plata informed Ms. Bedford that the wooded area that she referred
to is not part of the property where the complex will be constructed.
Jerry Newberry, 820 19"' SW, appeared stating that he was really not for or
against the complex, but he was a concerned neighbor in that area. Mr.
Newberry discussed those concerns with the developer and the City Attorney.
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February 7, 2002
Page 3
In the discussion that followed, City Attorney Schenk pointed out that in the
event that Mr. Chamy did not follow through with the project, the zoning
would remain as it had been changed and would not revert back to the original
zomng.
ORDINANCE NO. 2002-005
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE
CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES
ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING
A ONE-FAMII,Y DWELLING DISTRICT NO. 3(SF-3) ON TRACT 1 AND
PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT
(PD-b) ON TRACT 2, BOTH TRACTS BE1NG PARTS OF LOT 2, CITY
BLOCK 308, REQUESTED BY JOE CHAMY, AGENT FOR J. R. LANE,
OWNER, AS TO INCLUDE THEREIN TERRITORY FORMERLY
DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING
THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO.
3(SF-3) ON TRACT 1, AND PLANNED DEVELOPMENT DISTRICT -
HOUSING DEVELOPMENT (PD-b) ON TRACT 2, BOTH TRACTS
BE1NG PARTS OF LOT 2, CITY BLOCK 308, SO ESTABLISHED;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF
MARCH 1, 2002, WAS PRESENTED.
A motion was made by Councilman Gray, seconded by Mayor Pro Tem
Manning, for adoption of the ordinance. The motion carried 5 ayes, 0 nays.
Mayor Pfiester declared the public hearing open to consider the petition of
Tracy Clay for a change in zoning from a Two-Family dwelling district (2F) to
a One-Family Dwelling District No. 2(SF-3) With Specific Use Permit (39)
Mobile Home on Lots 3 and 4, Block 1, Locust Hill Addition, being located
in the 300 Block of Brown Avenue.
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February 7, 2002
Page 4
Mayor Pfiester called for proponents to appear and Tammy Green with Paris
Quality Homes, 300 N. E. Loop 286, came forward stating that she would like
to purchase this property in order to place a manufactured home on it. Ms.
Green presented photographs for the surrounding area and examples of the type
home that they will be placing on the property. Ms. Green pointed out that the
wording on the change in zoning states mobile home and that term is outdated,
and it really needs to be addressed. Ms. Green said the lot is 75' x 100 and
they intend to place a double-wide home, 28' x 40', on the property leaving
ample space for parking.
Mayor Pfiester called for opponents to appear, none appeared and the public
hearing was declared closed.
ORDINANCE NO. 2002-006
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE
CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES
ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING
A ONE-FAMII,Y DWELLING DISTRICT NO. 3(SF-3) WITH SPECIFIC
USE PERMIT (39) MOBII,E HOME ON LOTS 3& 4 BLOCK 1, LOCUST
HILL ADDITION, REQUESTED BY TRACY CLAY, AGENT FOR
PATRICIA VERA, OWNER, SO AS TO INCLUDE THEREIN
TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY
DWELLING DISTRICT (2fl; DESIGNATING THE BOUNDARIES OF
THE ONE-FAMII,Y DWELLING DISTRICT NO. 3(SF-3); WITH
SPECIFIC USE PERMIT (39) MOBII,E HOME SO ESTABLISHED;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF
MARCH 1, 20002, WAS PRESENTED.
A motion was made by Councilman McCarthy, seconded by Councilman Plata,
for adoption of the ordinance. The motion carried 5 ayes, 0 nays.
City Council Meeting
February 7, 2002
Page 5
Mayor Pfiester declared the public hearing open to consider the abandonment
of a portion of a forty (40) foot street known as W. Price Street in City Block
41 between N. Main Street (LT. S. Hwy 271) and lst Street N. W. beginning at
the west boundary line of N. Main Street going west to the east boundary line
of lst Street N. W.
No one appeared for or against the abandonment of the portion of a forty-foot
street known as W. Price street in City Block 41 between N. Main Street and
lst Street N. W., and the public hearing was declared closed.
Mayor Pfiester announced that the neat item on the agenda was consideration
of and action on an ordinance closing a portion of a forty (40) foot street
known as W. Price Street in City Block 41 between N. Main Street (iJ. S. Hwy
271) and lst Street N. W. beginning at the west boundary line of N. Main
Street going west to the east boundary line of lst Street N. W.
City Manager Malone advised that the Planning and Zoning Commission held
a public hearing to consider this request by Lamar County to abandon the city's
interest in the street right-of-way and designate it as a closed portion of West
Price Street. He explained that this is a one block area of West Price Street
that is on the north side of the Lamar County Courthouse. Mr. Malone stated
that the city was awaiting a promised letter from County Judge Superville
formally making the request and it had not been received. He reported that the
Planning and Zoning Commission did hold a public hearing with no one
present to speak regarding the requested closing. Following the public hearing,
the Planning and Zoning Commission recommended that a traffic study be done
and that a recommendation from each director of each emergency department
of the city as well as a recommendation from the City Engineer be made to the
commission regarding closing a portion of West Price Street. City Manager
Malone advised that the City Engineer had contacted the County Judge's office
inquiring about having to retain an easement for city utilities in that area and
stated that he did not think that the City Engineer had received a response.
City Manager Malone advised that the Planning and Zoning Commission had
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February 7, 2002
Page 6
tabled action on this matter, and he recommended that the City Council also
table action pending receipt of the letter and further recommendations from city
staff.
City Manager Malone further advised that Judge Superville has been
personally contacted and he said he was researching the law and he was
uncomfortable executing a letter without having direction from the
Commissioner's Court.
A motion was made by Councilman McCarthy, seconded by Councilman Plata,
to table action on the ordinance closing a portion of a forty (40) foot street
known as W. Price Street and not come back before the City Council until all
matters have been resolved. The motion carried 5 ayes, 0 nays.
Mayor Pfiester called for consideration of and action on a resolution
authorizing the mayor to execute Deeds of Abandonment to the adjacent
property owners on either side of the closed portion of a forty (40) foot street
known as W. Price Street in City Block 41 between N. Main Street ( U. S. Hwy
271) and lst Street N. W. Beginning at the west boundary lone of N. Main
Street going west to the east boundary line of lst Street N. W.
A motion was made by Councilman Gray, seconded by Councilman McCarthy,
to table action on the resolution authorizing the mayor to execute Deeds of
Abandonment to the adjacent property owners on either side of the closed
portion of a forty (40) foot street known as W. Price Street in City Block 41
between N. Main Street ( U. S. Hwy 271) and lst Street N. W. Beginning at the
west boundary lone of N. Main Street going west to the east boundary line of
lst Street N. W. The motion carried 5 ayes, 0 nays.
A motion was made by Mayor Pro Tem Manning, seconded by Councilman
Plata, for approval of the Final Plat of The Hills, Phase IL The motion carried
5 ayes, 0 nays.
City Council Meeting
February 7, 2002
Page 7
City Attorney Schenk presented the following petition for rezoning: John
House, Lots 4& 5, Block 1, Eastside Addition from a One-Family Dwelling
District No. 2 to a Two-Family Dwelling District.
Mayor Pfiester referred the petition to the Planning and Zoning Commission
for their study and recommendation at their meeting scheduled for March 4,
2002, and before the City Council March 7, 2002.
There being no further business, a motion was made by Councilman McCarthy,
seconded by Mayor Pro Tem Manning, to adjourn the meeting. The motion
carried 5 ayes, 0 nays.
MICHAEL J. PFIESTER, MAYOR
ATTEST:
MATTIE CUNNINGHAM, CITY CLERK