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02 City Council (03/07/02)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCII, CITY OF PARIS MARCH 7, 2002 The City Council of the City of Paris, Paris, Texas, met in regular session, Thursday, March 7, 2002, 6:00 P. M., at the Paris Junior College, Applied Technology Building, Room 1016, 2400 Clarksville Street, Paris, Texas. Mayor Michael J. Pfiester called the meeting to order with the following Council Members present: Mayor Pro Tem Richard Manning, John F. Bell, Joe E. McCarthy, and Kevin Gray. Also present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and Assistant City Clerk Thomas E. Haynes. City Manager Malone presented the minutes of the Planning and Zoning Commission held on Wednesday, March 6, 2002. Mayor Pfiester then opened the Public Hearing to consider the request of John House for a change in zoning from a One-Family Dwelling District No. 2(SF-2) to a Two-Family Dwelling District (2F), Lots 4 and 5, Block 1, Eastside Addition, being numbers 44 and 104 SE 21st Street. Mayor Pfiester called for proponents to appear and John House of 1035 SE 31st Street came forward, telling the Council that he planned to build a duplex to replace dilapidated houses already existing on these lots. Mr. House brought the blue prints for the project with him and related that he would tear down one of the houses right away and would eventually tear down the other one. Mayor Pfiester called for opponents to the zoning request and when none appeared, closed the public hearing. City Manager Malone gave the Planning and Zoning Commission's recommendation as five (5) for the zoning change and none (0) against and then read the ordinance for the council. ORDINANCE N0.2002-009 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, City Council Meeting March 7, 2002 Page 2 AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A TWO-FAMILY DWELLING DISTRICT (2F) ON LOTS 4 AND 5, BLOCK 1, EASTSIDE ADDITION, ON PROPERTY BELONGING TO JOHN HOUSE, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT (2F-2) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, for adoption of the ordinance. The motion carried 5 ayes, 0 nays. Mayor Pfiester opened the Public Hearing to consider the petition of Robert and Melissa Giberson for a change in zoning from a Two-Family Dwelling District (2F) to a One-Family Dwelling District No. 3(SF-3) With Specific Use Permit (39) Mobile Home, Lot 39, Block 83, being number 956 West Cherry Street. Mayor Pfiester called for proponents to come forward and Robert Giberson, 40 Branding Iron Street in Commerce, Texas, came forward explaining his reasons for the request. Mr. Giberson related that most of his family lives in Paris, including his grandparents, who had recently been in and out of the hospital, one of which is still in the nursing home. This necessitates them coming to Paris quite often, as well as doing carpentry work for the rest of his family. The properties at 940 and 956 W. Cherry are family-owned properties and Mr. Giberson's grandparents live at 936 W. Cherry, making the property at 956 W. Cherry a convenient location to take care of his grandparents, who are unable to take care of themselves. Also, his grandparents' house is in need of a lot of structural repairs and they have asked him to help out with those. The mobile home he plans to put on the lot is a 16 x 60 two bedroom, one bath, Clayton mobile home. Mr. Giberson also noted that there were six (6) other mobile around that location. Mayor Pfiester called for opponents, and there being none, closed the Public City Council Meeting March 7, 2002 Page 3 Hearing. City Manager Malone related that the Planning and Zoning Commission had approved the petition with a vote of five (5) for and none (0) against and that there was no opposition present. ORDINANCE NO. 2002-010 AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF PARIS, PARIS, TEXAS, 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) MANUFACTURED HOME ON LOT 39, CITY BLOCK 83, REQUESTED BY MELISSA GIBERSON, AGENT FOR NORMAN GIBERSON, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES OF THE ONE-FAMII,Y DWELLING DISTRICT NO. 3(SF-3) WITH SPECIFIC USE PERMIT (39) MANUFACTURED HOME SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, for approval of the ordinance. The motion carried 5 ayes, 0 nays. Mayor Pfiester opened the Public Hearing to consider the petition of Ron Gowin for a change in zoning from a Commercial District (0) to a Commercial District (0) With Specific Use Permit (49) Auto Fuel Sales, Part of Lot 27-13, City Block 251, being numbered 2335 North Main. Mayor Pfiester called for proponents to appear and Ron Gowin of Wills Point, Texas, came forward, stating that he was planning to put a Church's Chicken at this location along with four (4) Shell fuel dispensers. The zoning change was City Council Meeting March 7, 2002 Page 4 needed so that he could install the fuel dispensers and gasoline tanks. Mayor Pfiester called for opponents, and there being none, closed the Public Hearing. City Manager Malone gave the Planning and Zoning's recommendation for approval of this request with a vote of five (5) for and none (0) against with no opposition. ORDINANCE NO. 2002-011 AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF PARIS, PARIS, TEXAS, 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 COMIVERCIAL DISTRICT (0) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES ON PART OF LOT 27-13, CITY BLOCK 251, ON PROPERTY BELONGING TO RON GOWIN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN COMIVERCIAL DISTRICT (C); DESIGNATING THE BOUNDARIES OF THE COMIVERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman McCarthy, seconded by Councilman Gray, for approval of the ordinance. The motion carried 5 ayes, 0 nays. Mayor Pfiester opened the Public Hearing to consider a petition of Roddy and Linda McCarrell for a change in zoning from Agriculture District (A) to Commercial District (0), on Lot 2, City Block 317-A, being located in the 4100 Block of Pine Mill Road. City Council Meeting March 7, 2002 Page 5 Mayor Pfiester called for proponents to appear and Roddy McCarrell, 4030 Sunset View, came forward, stating he owned approximately six (6) acres at this location, which is zoned Agricultural at the present time. McCarrell stated he plans to build a building for meetings and family gatherings there. He is owner of Paris Pump Services, which corners this location. The planned building will back up to the land the pump service is on, so there is nothing around the proposed location for the building. The building would be used by the public for such things as benefits, birthday parties, and private gatherings. Mayor Pfiester closed the public meeting when no one appeared in opposition of the proposed zoning change. City Manager Malone presented the recommendation of the Planning and Zoning Commission for approval of the request, subject to amendment of the Master Plan. Steve Methven, Chief Building Official, came forward, telling the Council they would have to amend the Master Plan because the property is sitting in a moderate density family residential area. He pointed out on the map several businesses in the area and stated that in all probability there would never be a housing development in the area. He recommended that the Master Plan be changed to Commercial District, in concurrence with the Planning and Zoning Commission. ORDINANCE NO. 2002-012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING THE 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 COMIVERCIAL DISTRICT (C) ON LOT 2, CITY BLOCK 317-A, ON PROPERTY BELONGING TO RODDY AND LINDA MCCARRELL, SO AS TO 1NCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE COMIVERCIAL DISTRICT (C) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED City Council Meeting March 7, 2002 Page 6 $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. City Attorney Larry Schenk mentioned that the Council may want to add that Mr. Methven bring back the appropriate documents to make the change he has outlined for the Master Plan. Mayor Pro Tem Manning made a motion to approve the ordinance with the recommended change to the Master Plan. Councilman Gray seconded the motion and the motion carried 5 ayes and 0 nays. Mayor Pfiester called for consideration of an item that had been previously tabled concerning the closing of Price Street beginning at the west boundary line of N. Main west approximately 216 feet to the east boundary line of NW lst Street. City Manager Malone stated that the City did receive a letter from Commissioner Mike Blackburn on behalf of Commissioner's Court of Lamar County requesting that the Right-of- Way of Price Street between North Main Street and NW lst Street be abandoned. City Manager Malone said the item remained tabled at the Planning and Zoning Commission's meeting because the request from Commissioner Blackburn had not been received until recently and they are waiting for findings from emergency department heads and information from the city engineer regarding the utilities before making a recommendation. He has requested that city staff expedite the investigation for their recommendations. There will also be a traffic study along with studies by police, fire and EMS services for delivery of their respective services and when those studies are completed, they will be forwarded to the Planning and Zoning Commission, whichwill make recommendations to the City Council and will present the results of the reports at that time. Mayor Pro Tem Manning moved that the item be brought from the table. Councilman Gray seconded the motion and it carried 5 ayes, 0 nays. Mayor Pfiester declared the public hearing open and Mike Blackburn, Lamar City Council Meeting March 7, 2002 Page 7 County Commissioner, appeared representing the Commissioner's Court, relating that Price Street was a very important part of the Courthouse Renovation Project. They are planning to build the TaY Assessor's Office and record storage on the north side of Price Street which will cause plenty of foot traffic between the Courthouse and these buildings. The street is the original brick street and would be for pedestrian traffic only. Mr. Blackburn asked for the Council's consideration for the abandonment of this forty (40) foot section of Price St. Commissioner Blackburn brought the drawings of the proposed renovation to City Engineer Napier to show layout for utilities. City Manager Malone indicated that a more detailed plan was needed and Commissioner Blackburn said he would get the engineer whatever he needed. City Attorney Larry Schenk asked if the Commissioners Court had addressed the issue of the exchange of the Hearne Street right-of-way for Price Street. Mr. Blackburn indicated that was their intention and felt it would be beneficial to both the City and County. Mayor Pfiester asked if anyone wanted to speak, and there being no one, closed the public hearing. Items 13 & 14 remained tabled. Referrals included a request by Belinda Bodie for Lot 2 City Block 315, 3720 Lamar Avenue, requesting a change in zoning from PD-Planned Development District to Light Industrial on behalf of the Lessee. Julia Sugg, acting as agent, filed a request for change in zoning for Lot 30 Block 252, 1801 Polk Street from 2 Family Dwelling (2F) to Two Family Dwelling (2F) With Specific use permit for a Day Care Center. Gaylen Hayes, owner, asked for a site plan to be approved on Lot 13A, Block 259. There being no further business, Councilman McCarthy made a motion to adjourn, which was seconded by Councilman Gray. The motion passed unanimously. Adjourned. City Council Meeting March 7, 2002 Page 8 Michael J. Pfiester, Mayor Thomas E. Haynes, Asst. City Clerk