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
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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,
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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
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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
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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
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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.
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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.
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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