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02 City Council (5/8/03)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF PARIS May 8, 2003 The City Council of the City of Paris met in regular session, Thursday, May 8, 2003, at 6:00 P.M., Paris Junior College, Applied Technology Building, Room 1206, 2400 Clarksville Street, Paris, Texas. Mayor Michael J. Pfiester called the meeting to order with the following Council Members present: John F. Bell, Richard Manning, Joe E. McCarthy, Francine Neeley, Willie Weekly, Sr., 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 Willie Weekly Sr., Councilman for the City of Paris. Mayor Pfiester announced that the first item on the agenda was to canvass the returns of the Regular Municipal Election held on May 3, 2003. The returns were presented to Mayor Pfiester and he canvassed the results of the General Election of the City of Paris held May 3, 2003, which were read out loud. Resolution No. 2003-076, canvassing the returns for the May 3, 2003, General Election for Council District No.7; declaring the winner in said election as Jim Bell; acknowledging the results of prior Council Action declaring candidate, Jay Guest as elected to office for City Councilman for District No.4; acknowledging the results of prior Council Action declaring candidate, Curtis R. Fendley as elected to office for City Councilman for District No. 5 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 Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Municipal Judge Thomas Hunt III administered the oath of office to Curtis R. Fendley, Jay Guest, and Jim Bell. The newly elected Council Members assumed their seats at the council table. City Manager Malone announced that he would chair the meeting for the election Regular City Council Meeting May 8, 2003 Page 2 of Mayor for the ensuing year, and called for nominations. Councilman McCarthy nominated Curtis R. Fendley for Mayor. Councilman Weekly nominated Benny Plata for Mayor. No other nominations were made and nominations ceased. City Manager Malone called for those in favor of Curtis Fendley to raise their right hand. Councilman McCarthy, Councilman Guest, Councilwoman Neeley, Councilman Fendley, and Councilman Bell voted for Curtis Fendley for a total of 5 votes. City Manager Malone called for those in favor of Benny Plata for Mayor to raise their right hand and Councilman Weekly and Councilman Plata voted for Benny Plata for a total of 2 votes. Curtis Fendley was elected Mayor. Mayor Fendley called for nominations for Mayor Pro Tem. Councilman Bell nominated Joe McCarthy for Mayor Pro Tem. Councilman Weekly nominated Benny Plata for Mayor Pro Tem. No other nominations were made and nominations ceased. Mayor Fendley called for those in favor of Joe McCarthy for Mayor Pro Tem to raise their right hand and Councilman Guest, Councilwoman Neeley, Councilman McCarthy, and Mayor Fendley voted for Joe McCarthy for a total of 4 votes. Mayor Fendley called for those in favor of Benny Plata for Mayor Pro Tem to raise their hand and Councilman Plata, Councilman Weekly, and Councilman Bell voted for Benny Plata for a total of 3 votes. Joe McCarthy was elected as Mayor Pro Tem. Mayor Fendley presented Councilman John Bell, Mayor Pro Tem Manning, and Mayor Pfiester plaques for their outstanding service to the City of Paris. At 6:15 P.M., Mayor Fendley announced that the Council would take a short recess. Mayor Fendley reconvened the meeting at 6:23 P.M. Regular City Council Meeting May 8, 2003 Page 3 City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting of May 5, 2003, attached hereto as Exhibit A to these minutes. Mayor Fendley announced that the next item on the agenda was a public hearing on a rezoning petition of Phil Carter and Phillip Brandon Carter, which had been tabled and motion to bring Agenda Item No. 7 and Agenda Item 8 from the table would be required. A motion was made by Councilman Jim Bell, seconded by Councilwoman Neeley, to bring this item from the table. The motion carried 7 ayes, 0 nays. Mayor Fendley declared the public hearing open to consider the petition of Phil Carter and Phillip Brandon Carter for a change in zoning from an Agricultural District (A) to a Commercial District (C) on Lots 1 and 2, City Block 399, being located in the 6000 Block of Clarksville Street. Mayor Fendley called for proponents to appear and Phillip Brandon Carter, 1051 19th S.E., appeared on behalf of the petition. Mr. Carter advised the City Council that he and his father had purchased property on Highway 271 South. He said that it is a little under two acres and is zoned Agricultural. He said they wanted to get this property rezoned as Commercial because they have a lease pending to put in a car lot. It would be strictly car sales. There would be no additional structures as there is a small office building on the property. Mayor Fendley called for opponents to appear. None appeared; and the public hearing was declared closed. ORDINANCE NO. 2003-014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ORDINANCE NO. 1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON LOTS 1 AND 2, CITY Regular City Council Meeting May 8, 2003 Page 4 BLOCK 399, ON PROPERTY BELONGING TO PHIL CARTER AND PHILLIP BRANDON CARTER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) 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 McCarthy, seconded by Councilman Weekly, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Fendley declared the public hearing open on the petition of Carles Sterling for a change in zoning from an Agricultural District (A) to a Commercial district (C) with Specific Use Permit (52) Signs and Billboards on Lot 7, City Block 307- B, located at 3995 N. Main Street. Mayor Fendley called for proponents to appear, and James Martinez, 820 47th S.E., appeared and advised the City Council that they were requesting permission to replace an old wooden structure with a single pole billboard structure. Mayor Fendley called for opponents to appear. None appeared; and the public hearing was declared closed. ORDINANCE NO. 2003-015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ORDINANCE NO. 1710, OF THE ZONING ORDINANCE 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) SIGNS AND BILLBOARDS ON LOT 7, CITY BLOCK 207-B, REQUESTED BY CARLES STERLING PROSPECTIVE OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN Regular City Council Meeting May 8, 2003 Page 5 AGRICULTURAL DISTRICT (A); DESiGNATiNG THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (52) SIGNS AND 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 Councilman Weekly, seconded by Councilman Plata, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Fendley declared the public hearing open to consider the petition of Buford Ray Jordan for a change in zoning from a Multiple-Family Dwelling District No. 1 (MF-1) to a One-Family dwelling District No. 3 (SF-2) with Specific Use Permit (39) Manufactured Homes on Lot 5, City Block 137, located at 133 W. Sherman Street. Mayor Fendley called for proponents to appear, and Carolyn Jordan, 133 W. Sherman, appeared speaking in favor of the petition. She stated that her home burned and she wanted to place a manufactured home at this location. Ms. Jordan informed the City Council that this property would not ever be used for rental property. Mayor Fendley called for opponents to appear, and William Privett, Route 1, Box 94, Honey Grove, Texas, came forward and said he owns the house at 124 1st S.W., which joins this property, and he felt that a manufactured home would devalue this property. He said that if this is going to be a historical district, he did not think it would be a place to put a manufactured home. Linda Ridder, Executive Director for Paris Living Community Development Corporation, came forward stating that their goal is the revitalization of downtown neighborhoods and to provide affordable housing. Their initial target area is from Main Street to 7th Street S.E. and Kaufman. She stated that her board is committed to making their homes compatible with the architectural structures of the neighborhood. She believed this zoning request would be Regular City Council Meeting May 8, 2003 Page 6 counter-productive to those efforts. No one else appeared; and the public hearing was declared closed. City Manager Malone advised the City Council that the Planning and Zoning Commission had denied this request with a vote of 6 to 0, with opposition present. They recommended to the City Council denial of this zoning request. City Manager Malone presented an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a Multiple-Family Dwelling District No. 1 (MF- 1) to a One Family Dwelling District No. 3 (SF-3) With Specific Use Permit (39) Manufactured Homes on Lot 5, City Block 137. A motion was made by Councilman Plata, seconded by Councilwoman Neeley, to deny the rezoning of Lot 5, City Block 137 belonging to Buford Ray Jordan. The motion carried 7 ayes, 0 nays. Mayor Fendley declared the public hearing open on the petition of Jon McFadden 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 Lots 9 and 9C, City Block 157-D being numbers 344 and 364 27th Street N.E. Mayor Fendley called for proponents to appear, and Jon McFadden 2645 S.E. 40th Street, appeared on behalf of his petition. Mr. McFadden stated that what he wanted to do is rezone this property so that he may remove a structure that is currently in disarray, and then build duplexes. Mr. McFadden said this would be a long process. He anticipates that he would build one duplex at a time. Mr. McFadden said he was going to complete the renovation of the house at 364 27th N.E. and rent that property. He said that adjacent to the back of his property, there are existing duplexes and there is property on East Price Street just a short distance away that is zoned in this manner with two duplexes on each of those properties. Mayor Fendley called for opponents to appear, and Harold Mills, 345 27th N.E., Regular City Council Meeting May 8, 2003 Page 7 appeared before the City Council advising that he has lived at this location for approximately 17 years and the proposed structure will be across the street from his home. Mr. Mills advised that duplexes in the area would downgrade property in the area. He stated that it is a nice neighborhood and he would like to keep it that way. Kerry Bublick, 374 27th N.E., came forward telling the City Council that she lives next door to this property. This was a nice quite neighborhood when she purchased her property. Ms. Bublick advised that she has small children and was not looking forward to having a parking lot next to her yard. She told the City Council that she would rather have the property that is there now and mow the yard for the gentleman that is not there, and she asked the City Council to deny this zoning change. Carl Patrick Morgan, 330 27th N.E., appeared in opposition to the rezoning. Mr. Morgan stated this property is next to his property and he wanted to echo what his neighbors have said. No one else appeared; and the public hearing was declared closed. City Manger Malone presented an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a One-Family Dwelling District No. 2 (SF-2) to a Multiple-Family Dwelling District No. 1 (MF- 1) on Lots 9 and 9C, City Block 257-D. A motion was made by Councilman McCarthy to deny the zoning change. The motion was seconded by Councilman Guest and carried 7 ayes, 0 nays. Mayor Fendley declared the public hearing open to consider the petition of Betty Beezley for a change in zoning from an Agricultural District (A) to a One-Family Dwelling District No. 2 (SF-2) on part of Lot 10, City Block 317, being located in the 220 Block of 36th Street N.E. Mayor Fendley called for proponents to appear, and Betty Beezley, 3640 Regular City Council Meeting May 8, 2003 Page 8 Brownwood Street, appeared advising that they plan to do away with their driving range and build four single family homes, which will match the homes across the street as far as oversize lots. Ms. Beezley passed out photographs of the street, showing the sizes of the homes that will be built. Ms. Beezley said that they were requesting a waiver of the requirement of curb and gutter. She pointed out from the photographs that there are no curbs and gutters on Brownwood and 36th N.E. She said they could not put in curb and gutter due to the condition of the road and the drainage ditches in the area. It would cause a drainage problem. Ms. Beezley referred to a paragraph in the Code of Ordinances concerning curb and gutter, quoting the part about %xcept as permitted in areas zoned Single-Family Dwelling District No. One (SF- 1) and not otherwise required". She believes that their street falls into that category because they are not able to install the curb and gutter. City Manager Malone advised that the Planning and Zoning Commission recommended approval of the zoning request by a vote 6 to 0. He told the Council that the issue of curb and gutter might best be talked about under Agenda Item No. 26, which is action on the Preliminary Plat. Mayor Fendley called for opponents to appear. None appeared; and the public hearing was declared closed. ORDINANCE NO. 2003-016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ORDINANCE NO. 1710, OF THE ZONING ORDINANCE 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. 2 (SF-2) ON PART OF LOT 10, CITY BLOCK 317, ON PROPERTY BELONGING TO BETTY BEEZLEY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2) SO ESTABLISHED; PROVIDING FOR A PENALTY Regular City Council Meeting May 8, 2003 Page 9 NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT HEREWITH; AND DECLARING AND EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilman Guest, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Fendley declared the public hearing open to consider the petition of Gary Bryant for a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a Commercial District, (C) on Lot 8, City Block 327, located at 1205 34th Street N.W. Mayor Fendley called for anyone to speak in favor of the zoning change and no one appeared. Mayor Fendley called for opponents to appear, and Walter Jones, 1255 35th N.W., appeared stating that the lot in question joins his property. Mr. Jones said that he did not know what Mr. Bryant proposes to build on this property. He said that if he understood correctly, under Commercial zoning you can put anything from a chicken coop to a topless bar on it. He stated that, without knowing what is going to be built, he would have to be in opposition to the zoning change. No one else appeared; and the public hearing was declared closed. City Manager Malone presented an ordinance amending zoning ordinance No. 1710, changing the zoning from a One-Family Dwelling District No. 2 (SF-2) to a Commercial District (C) on Lot 8, City Block 327. A motion was made by Councilman Bell to deny the zoning of Lot 8, City Block 327. The motion was seconded by Mayor Pro Tem McCarthy and carried 7 ayes, 0 nays. Mayor Fendley declared the public hearing open to consider the petition of Renee Harvey for a change in zoning from a Two-Family Dwelling District (2F) to a Neighborhood Service District number 665 Pine Bluff Street. Regular City Council Meeting May 8, 2003 Page 10 (NS) on Lot 61lA, City Block 64-B, being Mayor Fendley called for proponents to appear, and Renee Harvey, 2125 Smallwood Road, came forward advising that she was present on behalf of the Children's Advocacy Center of Paris and they are requesting a zoning change for the property located at 665 Pine Bluff Street. She said that the existing Children' s Advocacy Center at 711 Pine Bluff was acquired in 1999. Ms. Harvey presented pictures of before and after the renovation. Ms. Harvey explained that the Children's Advocacy Center had just received a Meadows Foundation Grant for the acquisition of the property at 665 Pine Bluff Street. She said the reason that the Center thinks they need that property is because the amount of clients they see each month. Ms. Harvey said that, to date, they have seen 764 cases at the Children's Advocacy Center and last month there were 36. She said the goal is not to see more clients, but to see no clients. Ms. Harvey stated that their Rainbow Room is on the 2nd floor and it is difficult for clients and volunteers to go up and down the steps. No one else appeared; and the public hearing was declared closed. ORDINANCE NO. 2003-017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ORDINANCE NO. 1710, OF THE ZONING ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT 1 lA, CITY BLOCK 64-B, REQUESTED BY RENEE HARVEY, AGENT FOR JAN E. BLIZE AND GAY NELL DANIEL, OWNERS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. Regular City Council Meeting May 8, 2003 Page 11 A motion was made by Councilman Weekly, seconded by Councilwoman Neeley, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Fendley declared the public hearing open to consider the request of Gerald & Janet Nickerson for a Site Plan approval, Lot 14D, City Block 259, being located in the 2900 Block of Pine Mill Road. Mayor Fendley called for anyone who wished to speak in favor of the Site Plan and Gerald Nickerson, 516 County Road 34600, Sumner, Texas, came forward advising that they are interested in building a commercial building just off Pine Mill Road. No one else appeared; and the public hearing was declared closed. ORDINANCE NO. 2003-018 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT-MEDICAL CENTER AND HOSPITAL(PD-D) AND OFFICE CENTER, (PD-F), PREVIOUSLY ESTABLISHED BY THE ADOPTION OF ZONING ORDINANCE MP/ 2000-03 8, FOR LOT 14D, CITY BLOCK 259, 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 Councilman Weekly, for adoption of the ordinance subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. Mayor Fendley called for consideration of and action on the Preliminary Plat for all of Lots 2, 3-A, 3-B, 3C-1, 3C, 3-D, 3-E, and parts of Lots 3-I, 3-H, 3-G, 3-F, Regular City Council Meeting May 8, 2003 Page 12 and 4, City Block 258, located in the 2400 Block of E. Cherry Street. A motion was made by Councilman Weekly, seconded by Councilman Guest, for approval of the Preliminary Plat subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. Mayor Fendley called for consideration of and action on a revision of the Master Plat for the Hills Subdivision. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilwoman Neeley, for approval of the revision of the Master Plat for the Hills Subdivision. The motion carried 7 ayes, 0 nays. Mayor Fendley announced that the next item on the agenda was consideration of and action on the Preliminary Plat for Lots 4, 5, 6, 11, 12, and 13, City Block 258, located at E. Cherry Street and 25th Street N.E. A motion was made by Councilman Bell, seconded by Mayor Pro Tem McCarthy, for approval of the Preliminary Plat subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. Mayor Fendley said the next item was consideration of and action on the Preliminary Plat for Lots 10-A, 10-C and 1 OD, City Block 317, located in the 2200 Block of 36th Street N.E. A motion was made by Councilman Bell for approval of the Preliminary Plat, subject to the engineer' s recommendations with the exception of any requirements for curb and cutter. The motion was seconded by Councilman Guest. City Manager Malone advised that the city has required curb and gutter construction or a deposit of other developers and money has been collected for that purpose. He said that this would be a change in policy and contrary to the ordinance. City Attorney Schenk advised that it would be inconsistent with the requirements of the ordinance as it is written now. City Engineer Shawn Napier said that based on what they have been doing, that requirement is city policy as indicated in the handout. It says curb and gutter shall be constructed along both sides of all streets and avenues within the subdivision, which is very standard. He advised that the standards also say curb and gutter is required along all boundary streets and that is where we arrived at the decision concerning this Regular City Council Meeting May 8, 2003 Page 13 location. Mr. Napier said we could have something on the Monday night agenda for further discussion of this and change the policy if that is the desire of the City Council. Mayor Fendley said he could see requiring curb and gutter if the city has plans to do it and hold the money for a certain length of time, but the city should not do that without having long range plans. He assumed the reason why we are not curb and guttering the other side of the street is because at the time those homes were built, they were not in the city limits. Councilman Bell said they were in the city's ETJ at that time. City Engineer Napier said that the city did not have a really good way to know when something is happening in the ETJ. After further discussion, Councilman Bell made a motion to withdraw his motion, and then made a motion that this item be tabled until Monday night after the consideration of a policy change. The motion was seconded by Councilman Guest, and carried 7 ayes, 0 nays. Mayor Fendley declared the public hearing open to consider amending Ordinance No. 1710, the Zoning Ordinance of the City of Paris, to amend Subsection 3-100 of Section 3, entitled "Zoning Districts Established," to expand the number of designated zoning districts to include a Historic District (HD) designation; to add a new Subsection 3-101 to establish overlay districts; to amend Subsections 8- 101, 8-102, 8-103, 8-104, 8-105, 8-106, 8-107, and 8-108 of Section 8 entitled "Use of Land and Buildings," to add a new Subsection 8-1-400, entitled "Historic Districts", and to add Subsection 8-401, designating Historic Districts as overlay districts, and subsection 8-402, providing regulations applicable to historic districts. Arvin Starrett, 629 S. Church Street, came forward giving a brief overview of the creation of the Paris Historic Preservation Commission. He said it also empowered them to create districts or designate individual properties within the city limits as historic. He said that in January, 2003, the United States Department of the Interior declared Paris, among 54 other cities in the State of Texas, a Certified Local Government with regard to historic preservation. Mr. Regular City Council Meeting May 8, 2003 Page 14 Starrett advised this would entitle the community and property owners to multi- millions of dollars of potential grant money and low interest loans and aid to their properties. He simply requested that as the next step in this process that the City Council adopt these classifications of zoning. Linda Vanderberg, 540 21st N.E., appeared stating that she would like to speak about the increase in heavy tourism that this could create by adopting this ordinance. Ms. Vanderberg stated that 1.9 million dollars is spent by tourists in Texas everyday and heritage travelers stay an average of 3.2 nights as compared to 2.7 nights for non-heritage travelers and they normally stay in public lodging instead of with friends and relatives. She said that heritage tourism can create jobs, increase retail sales, and generate sales tax revenues. She felt by approving this ordinance, they can begin to create a present and future source of income for individual businesses, the city, and at the same time, begin to take a step toward preservation of the heritage of Paris. No one else appeared, and the public hearing was declared closed. ORDINANCE NO. 2003-019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ORDINANCE NO. 1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, TO AMEND SUBSECTION 3-100 OF SECTION 3, ENTITLED "ZONING DISTRICTS ESTABLISHED," TO EXPAND THE NUMBER OF DESIGNATED ZONING DISTRICTS TO INCLUDE A HISTORIC DISTRICT (HD) DESIGNATION; AMENDING ORDINANCE NO. 1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, TO ADD A NEW SUBSECTION 3-101 TO ESTABLISH OVERLAY DISTRICTS; AMENDING ORDINANCE NO. 1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, TO AMEND SUBSECTIONS 8-101, 8-102, 8-103, 8-104, 8-105, 8-106, 8-107, AND 8-108 OF SECTION 8, ENTITLED "USE OF LAND AND BUILDINGS," TO INCORPORATE HISTORIC DISTRICTS AS DESIGNATED DISTRICTS; AMENDING SECTION 8, OF ORDINANCE NO. 1710, THE ZONING ORDINANCE OF Regular City Council Meeting May 8, 2003 Page 15 THE CITY OF PARIS, ENTITLED "USE OF LAND AND BUILDINGS," TO ADD A NEW SUBSECTION 8-400, ENTITLED "HISTORIC DISTRICTS,"; AND AMENDING ORDINANCE NO. 1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, TO ADD SUBSECTION 8-401, DESIGNATING HISTORIC DISTRICTS AS OVERLAY DISTRICTS, AND SUBSECTION 8- 402, PROVIDING REGULATIONS APPLICABLE TO HISTORIC DISTRICTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A SAVINGS CLAUSE, PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilwoman Neeley, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Resolution No. 2003-077, ratifying the termination for cause of the city's grounds maintenance agreement with Jack Ray Barton, contractor; approving the advertisement for bids for furnishing labor, materials, and equipment and for performing all work required for grounds maintenance on specified City of Paris Parks and Facilities, was presented. A motion was made by Councilman Weekly, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-078, reappointing Geb Bourianoff to serve as Medical Director for the Emergency Medical Service of the City of Paris; approving and authorizing the execution of an EMS Medical Control Agreement with Dr. Geb Bourianoff, was presented. A motion was made by Councilwoman Neeley, seconded by Councilman Guest, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Manager Malone advised that there was one contract for the Sports Complex that they did not receive bids for during the first request for bids. He said the following five resolutions were for awarding bids for contracts for the Sports Complex and they were on a previous agenda for which the city did not receive a quorum and were unable to award the bids. City Manager Malone explained that the city has now received bids on this other contract and it will be on the Regular City Council Meeting May 8, 2003 Page 16 Monday night agenda. The City Manager asked Terry Townsend to come forward and explain the results of the bidding. Terry Townsend, Director of Public Works, came forward explaining that on April 16, 2003, they opened bids for six contracts but only five contracts had bids. Mr. Townsend said the sixth was the concession restroom facility next to the ballfields and another restroom facility next to the pavilion, a gateway facility, and entry sign. All of the five bids came in perfectly just where the consulting architect, engineer and design consultant had estimated. He said that Contract No. 5 is the sixth bid and that they had to go back out for bid, which came back extremely over what they had estimated it was going to be. He said they were in a situation at this point, where they really received great bids on the original 5, but they are going to have to go back with the other contract and try to assess and figure out if there are ways they could manipulate that by taking some of those items out, or rethink how they could come up with a solution. City Manager Malone advised that the low bid was almost double what was expected Mr. Townsend told the City Council that they had expected the buildings would top in somewhere around $125.00 a square foot. In this case, one of the buildings came in at $235.00 a square foot and another one was $188.00 a square foot. Mr. Townsend said this was extreme and the architect as well as the design consultant agreed. City Manager Malone said this was similar to the design in Wade Park. Mr. Townsend said in 1998 he built a the restroom at Wade Park that is almost like this facility that they will be building next to the pavilion for approximately $45,000.00 verses this one estimated to be about $135,000.00. Mayor Fendley asked if the City Council should turn down all of those bids and put them back out for bids as the city cannot accept the ones for Contract No. 5. Mr. Townsend said they could do this, but this is the second time it has been out for bid. The first time the city did not receive any bids. He said this time, they received two bids. City Manager Malone advised that another approach would be to do the construction by the Construction Manager approach as that was the way the Wade Park's facility was constructed. Mr. Townsend advised that some of the projects would overlap and that the restrooms needed to be done in the near future. For example, the electrical contract which is one of the other Regular City Council Meeting May 8, 2003 Page 17 contracts that was bid calls for construction of the meter boxes to be mounted on these restroom buildings. City Manager Malone said if the city rejects those bids and does the construction in house as a construction manager type project they might be able to do it within months. He said they would have to find a construction manager and find subcontractors willing to bid on their particular part. City Manager Malone said the staff wanted to make the City Council aware of this potential situation and they wanted to go forward with the project. Resolution No. 2003-079, awarding the bid for construction of the Softball Field, including grading, grassing, irrigation, and infield construction, as part of the overall completion of Phase I of the Paris Sports Complex Project; authorizing the execution of a contract for said construction to Hilliard & Sons Contractors, Inc., in the amount of $161,610.00, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-080, awarding the bid for the installation of softball field fencing, including chain link fencing, backstops, and dugouts, as part of the overall completion of Phase I of the Paris Sports Complex Project to Richard Drake Construction Company in the amount of $121,731.66, was presented. A motion was made by Councilman Bell, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-081, awarding the bid for the installation of the electric distribution system, softball field lighting, and miscellaneous electrical work, as part of the overall completion of Phase I of the Paris Sports Complex Project, to Hargis Electric in the amount of $208,356.00, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Guest, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-082, awarding the bid for the sports pavilion, including the metal building, concrete slab and electrical and masonry work as part of the overall completion of Phase I of the Paris Sports Complex Project to Richard Drake Construction Company in the amount of $247,581.00, was presented. A Regular City Council Meeting May 8, 2003 Page 18 motion was made by Councilman Guest, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2003-083, awarding the bid for the concrete flatwork and park amenities, including a concrete trail, drain pipes, concrete flatwork, picnic stations, and playground, as part of the overall completion of?hase I of the Paris Sports Complex Project to Hilliard & Sons Contractors, Inc., in the amount of $171,000.00, was presented. A motion was made by Councilwoman Neeley, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Attorney Schenk presented the following petitions for rezoning: Benton Rainey, Pt. Of Lot 8, City Block 361 from a One-Family Dwelling No. 2 (SF-2) District to a Commercial (C) District; Rev. Henry Starks. Lot 18, City Block 259, from a One-Family Dwelling District No. 2 (SF-2) to a Two-Family Dwelling District (2F); David Glass, Lot 1, City Block 249, from a One-Family Dwelling District No. 2 (SF-2) to a Commercial District (C); E. A. Stewart, Lot 4, City Block 167, from an Agricultural (A) District to a Commercial (C) District. Mayor Fendley referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting scheduled for June 2, 2003, and before the City Council on June 5, 2003. There being no further business, a motion was made by Mayor Pro Tem McCarthy, seconded by Councilwoman Neeley, to adjourn the meeting. CURTIS FENDLEY, MAYOR ATTEST: Regular City Council Meeting May 8, 2003 Page 19 MATTIE CUNNINGHAM, CITY CLERK