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02 City Council (3/06/03)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL March 6, 2003 The City Council of the City of Paris met in regular session, Thursday, March 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, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham. Invocation was given by City Councilman Willie Weekly. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting of March 3, 2003, and attached hereto as Exhibit A to these minutes. Mayor Pro Tem Manning announced that the next item on the agenda was a public hearing 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., which had been tabled at the last meeting, and a motion was needed to bring it from the table. A motion was made by Councilman Bell, seconded by Councilman McCarthy, to bring the above item from the table. The motion carried 6 ayes, 0 nays. 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, 1790 Eagle Bend, appeared on behalf of her petition. Ms. Akins presented a photograph of the manufactured home that she planned to place on Lot 3, City Regular City Council Meeting March 6, 2003 Page 2 Block 54. She explained that she wanted to move her manufactured home to Paris and place it on this lot for her mother to live in so that she could take care of her mother. Ms. Akins felt that the manufactured home would enhance the neighborhood. Ms. Akins stated that in this area there are abandoned houses and unkept property with city code signs in their yards. Her home would not take away from the area. Ms. Akins had noticed a single-wide home on 6th N.W. and said that her home was a better caliber home than that one. Emma Smith, 451 N.W. 4th, also appeared before the City Council in support of the zoning change requested by Ms. Akins. Mayor Pro Tem Manning called for opponents to appear. Karol Ann Moore, 4330 Lakeshore Drive, came forward advising that she owns a home at 450 4th N.W., which is across the street from the requested zoning change and she was opposing the change. She felt that this would affect the value of her property. Ms. Moore advised that there were no manufactured homes in this area. Patsy Daniels, 549 5th N.W., came forward expressing opposition to the zoning change. She said they have owned their home on 5th N.W. for twenty-eight years and they have restored that home. They also own a rent house across the street from their home. Ms. Daniels urged the City Council to deny the zoning change. Councilman Weekly stated that as a Councilman, he was opposed to the placement of a manufactured home in this area because it will devalue the property. There was also a petition presented in opposition to the zoning change. No one else appeared and the public hearing was declared closed. A motion was made by Councilman McCarthy, seconded by Councilman Bell to bring Agenda Item No. 4, an ordinance amending Zoning Ordinance No. Regular City Council Meeting March 6, 2003 Page 3 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, from the table. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Weekly, seconded by Councilman Plata, to deny 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. The motion carried 5 ayes, 1 nay; Councilman McCarthy voting no. Mayor Pro Tem Manning declared the public hearing open to consider the petition of Joe Vanness for a change in zoning from a One-Family Dwelling District No. 2, (SF-2) to a One-Family Dwelling District No. 3 (SF-3) with Specific Use Permit (39) Manufactured Home on Lots 23 and 24, Block 3, Cedar Hill Addition, being number 1115 28th Street N.W. Mayor Pro Tem Manning called for proponents to appear, and Joe Vanness from Farmersville, Texas, came forward advising that he represents Home Choice, which is a manufactured home dealership. He said the purpose of this petition is to allow this family to replace a 1970's single-wide mobile home with a 2003 double-wide manufactured home. Mr. Vanness said the significant point is that in 1994 HUD considerably upgraded the standards of manufactured homes. One of the big items that went away was aluminum wiring. Mr. Vanness presented a picture of the manufactured home that will be placed at this location. Mayor Pro Tem Manning called for opponents to appear, none appeared, and the public hearing was declared closed. ORDINANCE NO. 2003-006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, Regular City Council Meeting March 6, 2003 Page 4 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 HOMES ON LOTS 23-24, BLOCK 3, CEDAR HILL ADDITION, REQUESTED BY JOE VANNESS, AGENT FOR VANESSA GAFFNEY, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-2) WITH SPECIFIC USE PERMIT (39) MANUFACTURED HOMES 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, seconded by Councilwoman Neeley, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Mayor Pro Tem Manning declared the public hearing open on the petition of Cheryt Moore 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 40, City Block 297, being number 3110 19th Street N.W. Mayor Pro Tem Manning called for proponents to appear and Cheryt Moore representing her grandmother who owns the property at 3110 10th N.W., and who is unable to care for herself. She said she lives next door and is in the process of purchasing that property. Ms. Moore advised that there is a house on the lot but it cannot be repaired. She stated that if they place a mobile home on the lot her grandmother will still be able to live in her own home and Ms. Moore will be able to take care of her. Ms. Moore said there were several mobile homes in this area. Ms. Moore said she was not sure if she will be buying a single-wide or double-wide, that wheelchair can get through the doors. Regular City Council Meeting March 6, 2003 Page 5 will depend on the cost and if a Mayor Pro Tem Manning called for opponents to appear; none appeared. The public hearing was declared closed. ORDINANCE NO. 2003-007 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 40, CITY BLOCK 297, ON PROPERTY BELONGING TO CHERYT MOORE, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS 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. Mayor Pro Tem Manning stated that the Planning and Zoning Commission approved this zoning change with a double-wide manufactured home being placed on the lot. After discussion, a motion was made by Councilman Bell, seconded by Councilman Weekly, for adoption of the ordinance authorizing a single-wide or a double-wide manufactured home placed on the lot. The motion carried 6 ayes, 0 nays. Regular City Council Meeting March 6, 2003 Page 6 Mayor Pro Tem Manning declared the public hearing open on the petition of Leanne Sartor for a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a Multiple-Family Dwelling District No. 1 (MF-1) on Lot 4, City Block 255-A, being number 2621 E. Price Street. Mayor Pro Tem Manning called for proponents to appear and Leanne Sartor, 182 Preston Drive, came forward in support of her petition. Ms. Sartor told the City Council that she wanted to build a duplex on this lot, which she had recently purchased. Ms. Sartor stated that she might place another duplex on the lot later which would require multiple-family zoning. Mayor Pro Tem Manning called for opponents to appear; none appeared. The public hearing was declared closed. ORDINANCE NO. 2003-008 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 MULTIPLE-FAMILY DISTRICT NO. 1 (MF-1) ON LOT 4, CITY BLOCK 255-A, ON PROPERTY BELONGING TO LEANNE SARTOR, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 2 (SF-2); DESIGNATING THE BOUNDARIES OF THE MULTIPLE-FAMILY DISTRICT NO. 1 (MF-1) 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 McCarthy, seconded by Councilman Plata, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Regular City Council Meeting March 6, 2003 Page 7 Mayor Pro Tem Manning announced that the City Council had been furnished copies of minutes from a previous meeting and asked if there were any corrections or additions, there being none, the minutes were approved as presented. City Manager Malone advised that the minutes from the Paris Public Library Advisory Board, Building and Standards Commission, Airport Advisory Board, Civil Service Commission, Board of Commissioners of the Housing Authority of the City of Paris, and the Paris Economic Development Corporation had been furnished with no action being required. Councilman Plata referred to the Building and Standards Commission's minutes, item 6, Update on status of City of Paris being designated as a Certified Local Government. Mr. Plata inquired about the CLG status and its effect on the removal of dilapidated houses. Director of Community Development Tommy Haynes stated that the City of Paris is still waiting on approval at the Federal level. City Manager Malone noted that he had received no certification at this time. City Attorney Schenk explained that the Certified Local Government status is required to implement that provision of the city's substandard building ordinance that requires that all of the sites or locations that the Building and Standards Commission looks at for potential demolition be referred to the Historical preservation Commission for review before the Building and Standards Commission can order those properties to be demolished. He said that bridge provision becomes effective at such time as the city is designated a Certified Local Government. The City Attorney said to his knowledge the city has not received this certification. He did say the city was getting all the people trained in order to implement the Building and Standards part of it and they have started looking at houses to be removed. Steve Methven, Chief Building Official, came forward advising that the City Council gave them authority to continue issuing demolition permits and noted that several had been issued. Mayor Pro Tem Manning announced that the next item on the Agenda was the Regular City Council Meeting March 6, 2003 Page 8 presentation of the proposed evaluation system and accompanying evaluation instruments for periodic evaluation of the City Manager, City Attorney, and Municipal Court Judge. Since this item was tabled at the regular meeting on February 10, 2003, a motion to bring this item from the table was required if the City Council wanted to consider this matter. A motion was made by Councilman McCarthy, seconded by Councilman Weekly to bring the above matter from the table. The motion carried 6 ayes, 0 nays. City Attorney Schenk said that during the last meeting where the contract and evaluation were discussed a request had been made that there be a hard copy version of the documents the next time the matter was presented. The City Council has been furnished a hard copy of a generic evaluation instrument for the three positions that need to be evaluated. Councilwoman Neeley explained that the form is basically the same as the one last month but it is longer. This revised evaluation has been changed so that if a score of two or lower is given the councilman must state his reasons and further state what corrective action is expected to be taken by the employee. Councilwoman Neeley explained that this requirement had been added so that, hopefully, this turns not only into an evaluation instrument but a growth instrument. Resolution No. 2003-052, approving a system of performance evaluations and associated evaluation instruments for use in evaluating the performance of the City Manager, City Attorney, and Municipal Court Judge; establishing a policy of periodic performance evaluation for the City Manager, City Attorney, and Municipal Court Judge, was presented. A motion was made by Councilman Bell, seconded by Councilman Weekly, for approval of the resolution. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 2003-009 Regular City Council Meeting March 6, 2003 Page 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 11.316 ACRES, MORE OR LESS, AS REQUESTED BY PETITION OF THE OWNERS THEREOF; GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Plata, seconded by Councilwoman Neeley, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 2003-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING AN OFFICIAL CITY LIMITS MAP; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 2003-011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING A REVISED VOTING DISTRICT MAP; Regular City Council Meeting March 6, 2003 Page 10 MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman McCarthy, seconded by Councilwoman Neeley, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Resolution No. 2003-053, authorizing the submission ora housing investment partnership program application to the Texas Department of Housing and Community Affairs for the Community Development Fund; authorizing the Mayor, City Manager, Director of Community Development, and Finance Director to execute all necessary documents as appropriate and to act as the city's authorized representatives in all matters pertaining to the city's participation in the Community Development Program, was presented. A motion was made by Councilman Weekly, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2003-054, authorizing the submission ora Housing Investment Partnership Program Application to the Texas Department of Housing and Community Affairs for the Homebuyer Assistance Program Fund; authorizing representatives in all matters pertaining to the city's participation in the Community Development Program, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Plata, for approval of the resolution. The motion carried 6 ayes, 0 nays. Mayor Pro Tem Manning announced that the City Council would take a five minute break. At 7:20 P.M. Mayor Pro Tem Manning reconvened the City Council meeting. Resolution No. 2003-055, establishing a priority list of projects for submission to the Texas Department of Transportation, was presented. Discussion followed with questions about the various projects asked by council persons and answers given by the staff as to the various projects and their priority. Regular City Council Meeting March 6, 2003 Page 11 After discussion and Council direction, a motion was made by Councilman McCarthy, seconded by Councilman Bell, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2003-056, authorizing the approval and acceptance of a permanent utility easement and temporary construction easement across Lots 5 and 7, Finn Addition for the construction of a water line from Ronald C. Seeliger and wife, Sherri Seeliger, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2003-057, approving the sale of tax delinquent property described as part of Lots 9 and 10, and all of Lot 11, Anita Park Addition, being number 1775 Clarksville Street., was presented. A motion was made by Councilwoman Neeley, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Attorney Schenk presented the following petitions for rezoning: Phil Carter and Phillip Brandon Carter, Lots 1 and 2, City Block 399, from an Agricultural District to a Commercial District; William Gaffney, Lots 6 and 7, Block 1, Cedar Hill Addition, from a One-Family Dwelling District No. 2 to a One-Family Dwelling District No. 3 with Specific Use Permit (39) Manufactured Home District. Mayor Pro Tem Manning referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting scheduled for April 7, 2003, and before the City Council April 10, 2003. Karl Louis, Police Chief, appeared presenting the City of Paris Police Department Violator Contacts Report for 2002. Chief Louis said that since January 1, 2002, the Paris Police Department, in accordance with the Texas Racial Profiling Law (S.B. No. 1074), has been collecting police contact data for the purpose of identifying and responding to concerns regarding racial Regular City Council Meeting March 6, 2003 Page 12 profiling practices. Chief Louis said it was his hope that the findings provided in this report will serve as evidence that the Paris Police Department continues to strive towards the goal of maintaining a strong relationship with the entire community. Chief Louis said that several sections of the report provide background information on the rationale and objectives of the Texas Racial Profiling Law. There are other sections containing information relevant to the institutional policies adopted by the Paris Police Department, whose policy has always been, and will continue to be, to banish the practice of racial profiling among its officers. Chief Louis went over the statistical data relevant to the public contacts made during the past year. He said it was his hope that the channels of communication between community leaders and the Paris Police Department continue to strengthen as they move forward into the future. 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: MATTIE CUNNINGHAM, CITY CLERK