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11 City Council (02/06/03)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL February 6, 2003 The City Council of the City of Paris met in regular session, Monday, February 6, 2003, 6:00 P.M., Paris Junior College, Applied Technology Building, Room 1206, 2400 Clarksville Street, Paris, Texas. Mayor Pro Tem Richard Manning called the meeting to order with the following Council Members present: John F. Bell, Joe E. McCarthy, Benny Plata, Francine Neeley and Willie Weekly. Also present were City Manager Michael E. Malone, Assistant City Attorney John Lestock, and City Clerk Mattie Cunningham. Invocation was given by Joe E. McCarthy, Councilman for the City of Paris. City Manager Malone presented the minutes of the Planning and Zoning Commission' s meeting for February 3, 2003, and they are hereby attached to these minutes as Exhibit A. Mayor Pro Tem Manning declared the public hearing open to consider the petition of Alma Akins 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) Manufactured Homes on Lot 3, City Block 54, being Number 445 4th Street N.W. Mayor Pro Tem Manning called for proponents to appear, and Alma Akins, 3790 Eagle Bend, appeared before the City Council on behalf of her petition. Ms. Akins said she wanted to place a double-wide manufactured home on this lot to be used by her mother or other family members. Ms. Akins advised the City Council that she owns a manufactured home, which is located in Detroit and she has to move the manufactured home from its present location. She said the manufactured home would be compatible with this neighborhood. Ms. Akins asked for the City Council's consideration regarding her zoning change. Mayor Pro Tem Manning called for opponents to appear, none appeared, and the public hearing was declared closed. Councilman Weekly told the City Council that he had been contacted by Clyde Daniels, 549 5th N.W., who stated he was opposed to the placement of a Regular City Council Meeting Feb. 6, 2003 Page 2 manufactured home at this location. Councilman Weekly said Mr. Daniels had not been notified of the zoning change and Mr. Daniels felt he lived within 200 feet of this property. Steve Methven, Chief Building Official, advised the City Council that twenty-five notices were mailed out. City Manager Malone advised that the Planning and Zoning Commission voted 7 to 0 in favor of the zoning change and there was no opposition present at their meeting. City Manager Malone presented an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a Two-Family Dwelling District (2F) to a One Family Dwelling District No. 3 (SF-3) with Specific Use Permit (39) Manufactured Homes on Lot 3, City Block 54, located at 445 4th Street N.W. After discussion, a motion was made by Councilman Weekly, seconded by Councilman McCarthy, to table action on the ordinance. The motion carried 5 ayes, 1 nay, Councilman Bell voting no. Mayor Pro Tem Manning declared the public hearing open on the petition of Mark Easlon for a change in zoning from an Office District (O) to a Commercial District ©) Lot 6, City Block 306-A, being located in the 300 Block of Stone Avenue. Mayor Pro Tem Manning called for proponents to appear, and Mark Easlon, 2540 Meadow Lane, came forward advising that when he went before the Planning and Zoning Commission, they recommended General Retail zoning instead of the Commercial District. Mr. Easlon stated that he did not have a problem with that. He advised that they plan to build an office building at this location and had one tenant that wanted to have a drop-off/pick-up dry cleaners. Robert White, 4230 Wildwood Lane, came forward stating that he actually owns a portion of this property and his intent is to construct a building for his dental practice later this year. He said they were requesting the General Retail Zoning Regular City Council Meeting Feb. 6, 2003 Page 3 so that they can have smaller lease areas within their building. No one else appeared, and the public hearing was declared closed. City Manager Malone advised that the Planning and Zoning Commission considered this request at their meeting and recommended the General Retail zoning and the applicant is in agreement with this change. ORDINANCE NO. 2003-002 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 GENERAL RETAIL DISTRICT(GR) ON LOT 6, CITY BLOCK 306-A, ON PROPERTY BELONGING TO MARK EASLON, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN OFFICE DISTRICT (O); DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) 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 Weekly to approve the ordinance establishing a General Retail District on Lot 6, City Block 306-A. The motion was seconded by Councilman Plata and carried 6 ayes, 0 nays. Mayor Pro Tem Manning called for consideration of and action on the amended Replat of Lots 11, 12, 13, 25, and 26, Block 1, of the Warren Addition. City Manager Malone advised the City Council that the Planning and Zoning Commission considered this item at the meeting Monday night and voted 7-0 to deny the Amended Replat. He said there is a setback on the residential property adjacent to this requested zoning change and it is his understanding that under the Regular City Council Meeting Feb. 6, 2003 Page 4 city' s regulations, this property would have to be replated. City Manager Malone said as the Planning and Zoning Commission has denied this request the City Council cannot overrule the Planning and Zoning and both would have to be in agreement. Assistant City Attorney Lestock observed that Mr. Malone' s statement was correct and that this is not a request for a change in rezoning, it is a request involving plat or replat and what the law says is the platting or replats are decided by the Planning and Zoning Commission and not the City Council. No action was needed regarding the Amended Replat of Lots 11, 12, 13, 25, and 26, Block 1, Warren Addition. Assistant City Attorney Lestock presented the following petitions for rezoning: Cheryt Moore, Lot 40, City Block 297, from One-Family Dwelling District No. 3 to a One Family Dwelling District No. 3 with Specific Use Permit (39) Manufactured Home; Joe Vanness, Lots 23 - 24, Block 3, Cedar Hill Addition, from a One-Family District No. 2 to a One-Family Dwelling District No. 3 District with Specific Use Permit (39) Manufactured Homes. Mayor Pro Tem Manning referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting scheduled for March 3, 2003, and before the City Council March 6, 2003. There being no further business, a motion was made by Councilman McCarthy, seconded by Councilwoman Neeley, to adjourn the meeting. The motion carried 6 ayes, 0 nays. RICHARD MANNING, MAYOR PRO TEM ATTEST: Regular City Council Meeting Feb. 6, 2003 Page 5 MATTIE CUNNINGHAM, CITY CLERK