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02 City Council (05/09/02)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL May 9, 2002 The City Council of the City of Paris met in regular session Thursday, May 9, 2002, 6:00 P. M., Paris Junior College, 2400 Clarksville Street, Paris, Texas, Applied Technology Building, Room 1016. Mayor Michael J. Pfiester called the meeting to order with the following Council Members present: Joe McCarthy, Richard Manning, Kevin Gray, John Bell, John A. Carter, Jr., and Benny Plata. Also present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham. Invocation was given by Reverend Raymond Armstrong. Mayor Pfiester announced that the first item on the agenda was to canvass the returns of the Regular Municipal Election held on May 4, 2002. The returns were presented to Mayor Pfiester and he canvassed the results of the General Election of the City of Paris held May 4, 2002. Mayor Pfiester read aloud the results for the election held in District Number Three which were as follows: Benny Plata, 23 early votes and 101 election day votes for a total of 124 votes; Philip Coker, 4 early votes and 10 election day votes for a total of 14 votes; and Jerry L. Griffith, 13 early votes and 33 election day votes for a total of 46 votes. A total of 184 votes were cast in the election. Councilmember Plata received the highest number of votes in the election. Resolution No. 2002-072, canvassing the returns for the May 4, 2002, General Election for Council District 3; declaring the winner in said election; acknowledging the results of prior Council action declaring candidates as elected to office for Council Districts l, 2, and 6 as a result of having been unopposed for election to office; declaring the terms of office for the aforesaid candidates, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilmember McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 ayes. Municipal Judge Thomas Hunt III administered the oath of office to Joe E. McCarthy, Benny Plata, Francine Neeley, and Willie J. Weekly, Sr. The newly City Council Meetrng May 9, 2002 Page 2 elected Council Members assumed their seats at the council table. Mayor Pfiester presented Councilmember Carter and Councilmember Gray plaques for their outstanding service and dedication to the City of Paris. Mayor Pfiester called for nominations for Mayor. Councilmember Bell nominated Richard Manning, and Councilmember Plata nominated Michael Pfiester for Mayor. No other nominations were made and nominations ceased. Mayor Pfiester called for a show of hands of those in favor of Michael J. Pfiester for Mayor. The vote showed 4 ayes for Michael J. Pfiester. He then called for a show of hands for those in favor of Richard Manning for Mayor. There were 3 ayes for Richard Manning. With 4 votes for Michael J. Pfiester and 3 votes for Richard Manning, Michael J. Pfiester was elected Mayor for the ensuing year. Mayor Pfiester called for nominations for Mayor Pro Tem. Councilmember McCarthy nominated Benny Plata, and Councilmember Bell nominated Richard Manning for Mayor Pro Tem. There were no other nominations and nominations ceased. Mayor Pfiester called for a show of hands for Benny Plata for Mayor Pro Tem. There were 3 ayes for Benny Plata. Mayor Pfiester called for a show of hands for Richard Manning for Mayor Pro Tem. The were 4 ayes for Richard Manning and Richard Manning was elected Mayor Pro Tem. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting ofMay 6, 2002, and they are attached hereto as Exhibit A to these minutes. Mayor Pfiester declared the Public Hearing open to consider the petition of Jeremy Newberry for a change in zoning from an Agricultural District (A) to a Commercial District (C) With Specific Use Permit (52) Billboards on Lot 4, City Council Meetrng May 9, 2002 Page 3 City Block 341, located in the 3800 Block of S. Church Street. Mayor Pfiester called for proponents to appear and Jeremy Newberry, Route 2, Box 92, Paris, Texas, appeared on behalf of his petition. Mr. Newberry said he wanted to erect a billboard on Highway 19/24. It will be located approximately two miles from the loop on the east side of the road. He said it will be a steel structure and will be used primarily for advertisement of businesses within the City of Paris. Mayor Pfiester called for opponents to appear, none appeared and the public hearing was declared closed. ORDINANCE NO. 2002-022 AN ORDINANCE OF THE CITY COUNCIL 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 COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (52) BILLBOARDS ON LOT 4, CITY BLOCK 341, REQUESTED BY JEREMY NEWBERRY, AGENT FOR KAROL A. AZAY, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURE DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (52) BILLBOARDS 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 Councilmember Bell, seconded by Councilmember Plata, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Pfiester declared the public hearing open on the petition of Larry City Council Meetrng May 9, 2002 Page 4 Fendley for a change in zoning from a One-Family Dwelling District No. 3(SF- 3) to a Two-Family Dwelling District (2F) on Lot 3A, City Block 317, located off the 700 Block of 40th Street NE. Mayor Pfiester called for proponents to appear, and Larry Fendley, 635 42nd SE, appeared before the City Council making a presentation in support of his petition along with presenting a hand-out and a map of his proposed subdivision. Mr. Fendley advised that Phase I of Windsor was developed in 1985 and twenty-three multi-family units were constructed in this phase. He said that thirty-four single family units were built from 1985 through 2002 with two single family lots undeveloped. Mr. Fendley told the City Council that the remaining 218 acres has been for sale with River Valley Realty for over ten years with no written offers. He said the cost to develop the land will be at least $500,000.00. Mr. Fendley advised that this land is not likely to be developed for single-family due to the high cost verses slow residential sales, but it is attractive for two-family residences. Mr. Fendley requested the City Council to consider his petition for a zoning change. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. ORDINANCE NO. 2002-023 AN ORDINANCE OF THE CITY COUNCIL 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 TWO FAMILY DWELLING DISTRICT (2F) ON LOT 3A, CITY BLOCK 317, ON PROPERTY BELONGING TO LARRY FENDLEY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING NO. 3(SF-3); DESIGNATING THE BOUNDARIES OF THE TWO FAMILY DWELLING DISTRICT (2F) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING City Council Meetrng May 9, 2002 Page 5 ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilmember Bell, seconded by Councilmember McCarthy, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Pfiester declared the public hearing open to consider the petition of Tammie Green for a change in zoning from a Two-Family Dwelling District No. 3(SF-3)With Specific Use Permit (39) Manufactured Home on Pt. of Lot 4, Block l, Locust Hill Addition, located at 1106 3rd Street SW. Mayor Pfiester called for proponents to appear, and Tammy Green came forward telling the City Council that they had just rezoned the property next door to this property. She said it is an area that would benefit from placing a manufactured home on it, and would not devalue the other homes in the area. Mayor Pfiester called for opponents to appear, and Vickie Hime, 305 W. Washington, was present stating that this location is three blocks from her house. Ms. Hime told the City Council that if Ms. Green could not sell the manufactured home that Mrs. Green would then rent it. She also said that a manufactured home would not increase the value of the property in the area. Ms. Hime stated that she was opposed to the zoning change. Charlene Mulligan, 226 W. Washington Street, appeared before the City Council stating that she lives by the lot in question. She said that right across the street a new brick home was built and this lot is located on the other side of the new home. Ms. Mulligan voiced her obj ections to the zoning change, and wanted to know why this always happens on the west side of Paris. Betty Lester, 837 13th NW, came forward pointing out that these people do not live within two hundred feet of the areas being petitioned for the zoning City Council Meetrng May 9, 2002 Page 6 change. She informed the City Council that she lives across the street from a double-wide manufactured home, and was in favor of the zoning change. Ms. Green advised the City Council that she would not be renting the manufactured home. No one else appeared, and the public hearing was declared closed. Councilmember Plata said he had been in that area and spoke with the gentleman who owns the brick home, and the gentleman was in favor of the manufactured home being placed on the lot. ORDINANCE NO. 2002-024 AN ORDINANCE OF THE CITY COUNCIL 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-FAMILY DWELLING DISTRICT NO. 3(SF-3) WITH SPECIFIC USE PERMIT (39) MANUFACTURED HOME ON PT. OF LOT 4, BLOCK 1, LOCUST HILL ADDITION, REQUESTED BY TAMMIE GREEN, AGENT FOR WILLIAM T. TALLEY, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2F); DESIGNATED THE BOUNDARIES OF THE ONE-FAMILY 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 ORPARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilmember McCarthy, seconded by Councilmember Weekly, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. City Council Meetrng May 9, 2002 Page 7 Mayor Pfiester declared the public hearing open on the petition of Andrew Krayniak for a change in zoning from a One-Family Dwelling District No. 3 (SF-3) to a One-Family Dwelling District No. 3(SF-3) with Specific Use Permit (39) Manufactured Home on Lot 9, Block l, Few Addition, located at 1270 18th Street NW. Mayor Pfiester called for proponents to appear and Mr. Andrew Krayniak, 3740 Pine Mill Road, came forward stating that he wished to place a manufactured home on his property. Mr. Krayniak asked the City Council for consideration of his petition. No one else appeared, and the public hearing was declared closed. ORDINANCE NO. 2002-025 AN ORDINANCE OF THE CITY COUNCIL 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-FAMILY DWELLING DISTRICT NO. 3(SF-3) WITH SPECIFIC USE PERMIT (39) MANUFACTURED HOME ON LOT 9, BLOCK l, FEW ADDITION, REQUESTED BY ANDREW KRAYNIAK, AGENT FOR SHEILA SAMIS, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY 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 Mayor Pro Tem Manning, seconded by Councilmember McCarthy, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. City Council Meetrng May 9, 2002 Page 8 A motion was made by Councilmember Neeley, seconded by Councilmember Plata, for approval of the Final Plat of Amherst Court located on FM 195, subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. A motion was made by Councilmember Bell for approval of the Replat of Lots 11, 12, 13, and 25, City Block 220, and Lot 26, Block l, Warren Addition, located on Bonham Street, subj ect to the requirements of the City Engineer. The motion was seconded by Mayor Pro Tem Manning and carried 7 ayes, 0 nays. City Attorney Schenk presented the following petition for rezoning: Brian Flowers, Lot l, City Block 257-13, from a One-Family Dwelling No. 2 to a Neighborhood Service; Gary Nash on part of Lot 25 & 26, Block 1 Warren Addition and a 10 foot alley, 55 Foot of Lot 25 & 26 in the rear 100 foot will remain 2F Zoning on Maple, 1800 Maple and Lot 12, Block 1, Warren Addition, from Two Family Dwelling District to Commercial District. There being no further business, a motion was made by Councilmember McCarthy, seconded by Councilmember Bell, to adjourn the meeting. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK