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02 City Council (04/04/02)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCII, Apri14, 2002 The City Council of the City of Paris met in regular session on Thursday, April 4, 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. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting of April 1, 2002, and attached hereto as Exhibit A to these minutes. Mayor Pfiester declared the public hearing open to consider the petition of Julia Sugg for a change in zoning from a Two-Family Dwelling District (2F) to a Two-Family Dwelling District (2F) with Specific Use Permit (25) Day Care Center on Lot 30, City Block 252, located at 1801 Polk Street. Mayor Pfiester called for proponents to appear, and Julia Sugg, Route 1, Box 289, Sumner, Texas, and Laura Dunn, 145 28"' NW Street, appeared before the City Council on behalf of this petition. Ms. Sugg informed the City Council that she was requesting a Specific Use Permit in order to use the property at 1801 East Polk Street as a small neighborhood day care center. Ms. Sugg pointed out that the Planning and Zoning Commission had denied recommending the zoning change due to a few concerns that were presented by property owners that live several houses down the street. Ms. Sugg said the concerns were valid, but she presented the facts on why they feel those concerns should not keep them from obtaining the Specific Use Permit for 1801 East Polk. The first concern addressed was the drainage ditch that is located two houses west of the property in question, and that they might allow children to get out and end up getting hurt Ms. Sugg said they will be governed by the State of Texas with minimum standards. According to these guidelines, children may not play in an area that is not fenced in, or be without an adult at all times. The second issue was the noise for day sleepers on Polk Street. Ms. Sugg explained City Council Meeting April 4, 2002 Page 2 that children can be noisy, but they will be outside only for a short period of time in the morning and again in the afternoon, and that all of the children will not be outside at one time. She stated that they do not allow the children to scream or be unreasonably loud. Ms. Sugg said that two houses west of this location and the two houses east do not contain day sleepers. Another concern was dangerous dogs in the neighborhood, and Ms. Sugg advised that the children will not be allowed to wander. The neat concern was speeding cars in the neighborhood. Ms. Sugg said that cars do go fast down their street, but all day care centers share this concern. She stressed the fact that they will not allow the children to get in the street. Ms. Sugg presented a list of property owners who support the requested zoning change. Ms. Laura Dunn also spoke in favor of the petition. Keith Sugg came forward stating that he has a vested interest in the neighborhood, noting that he owns property at 1316 E. Polk and on the corner of 17"' and Cedar Street. He stated that he cannot see where this day care center would be a detriment to the community. Mr. Sugg addressed the concern of pets roaming the neighborhood. Mr. Sugg advised that there are laws governing animals running at large in the city. Mr. Sugg said that as a taxpayer and property owner in this neighborhood, he strongly supported the rezoning of this property. Mayor Pfiester called for opponents to appear, and David and Sherron Nabors, 1822 Polk Street, appeared before the City Council presenting a petition and a letter from Mary A. Ackley opposing the proposed rezoning change. Mr. Nabors told the City Council that the excessive traffic on Polk Street from 24r", to 12r'' SE Street was one of their objections. Mr. Nabors pointed out that this area of Polk Street is located on a steep grade. He explained that this steep grade makes it hard to see the approaching traffic when entering or departing private driveways and, combined with cars parking on the side of the street, will City Council Meeting April 4, 2002 Page 3 restrict the flow of traffic. He said the adjacent neighbors are elderly, some are in poor health, and some are day sleepers. Mr. Nabors pointed out that there is a deep drainage ditch that carries a massive amount of run off water when it rains and would create a hazard for the children of the day care center. Mr. Nabors said there are several dogs in the neighborhood that fight each other and they are possibly vicious. Sherron Nabors cited the vicious dogs and traffic in the neighborhood as her objections to the rezoning change. Ruth Riggs, 1832 Cedar Street, appear before the City Council objecting to the rezoning change. No one else appeared, and the public hearing was declared closed. ORDINANCE NO. 2002-015 AN ORDINANCE OF THE CITY COUNCII, 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) WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER ON LOT 30, CITY BLOCK 252, REQUESTED BY JULIA SUGG, AGENT FOR BURL ROBISON AND MARJORIE A. ROBISON, OWNERS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2F) WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Carter, seconded by Councilman Bell for City Council Meeting April 4, 2002 Page 4 approval of the ordinance. The motion carried 6 ayes, 1 nay, with Councilman McCarthy voting no. Mayor Pfiester declared the public hearing open to consider the petition of Faulk and Foster for a change in zoning from a Planned Development District (PD) to a Light Industrial District (LI) on Lot 2, city Block 315, being located at 3720 Lamar Avenue. Mayor Pfiester called for proponents to appear, and Belinda Bodie, 1811 Auburn Avenue, Monroe, Louisiana, appeared speaking in favor of the petition of Louisiana Wire who is requesting a change in zoning from Planned Development to Light Industrial. She advised that the site would be for Sprint and this lot fits the need of their client. Ms. Bodie said the reason for this request is because they would be filing for a tower use permit to place a communication tower on this site. Ms. Bodie gave background information regarding this company to the City Council. She advised that they were currently building their network in this area in accordance with FCC requirements. Ms. Bodie presented a search area map for this site and advised that there is no suitable site of any type within the bounds of the search area map. Ms. Bodie explained that without this site there would be a large are in the vicinity of this site with weak coverage and stressed the need for this location because of the high usage in the area. Ms. Bodie said due to the same factors, most commercial-use property is of high value and of small lot size. Ms. Bodie said the Big Tex site came closer to meeting the setbacks and they do meet the requirements to the back of the property. Ms. Bodie said the tower would handle two additional antennas. Steve Methven, Chief Building Official, came forward telling the City Council that even if rezoning occurred, this site would not meet the criteria of the City of Paris's new tower ordinance. Mr. Methven also pointed out that with the Planned Development zoning the city can control what is placed on the lot, but with the Light Industrial zoning you can place almost anything in that type zomng. City Council Meeting April 4, 2002 Page 5 After discussion, a motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, to table the public hearing and Agenda Item No. 6, consideration of and action on an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a Planned Development District (PD) to a Light Industrial District (LI), on Lot 2, City Block 315, located at 3720 Lamar Avenue. The motion carried 7 ayes, 0 nays. Mayor Pfiester declared the public hearing open to consider the petition of Mable MaYine Cooper for a change in zoning from a Two-Family Dwelling District (2F) to a Multiple-Family Dwelling District No. 1(NF-1) on Lots 8 and 9, Block 1, Pine Bluff Addition, being located in the 1400 Block of E. Price Street. Mayor Pfiester called for proponents to appear and Sam Cooper, Route 2, Box 151-B Paris, Texas, and MaYine Cooper, appeared before the City Council advising that they would like to build efficiency apartments and pointed out there were other apartments in the area. Ms. Cooper said they wanted to build the apartments as an investment. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. City Manager Malone advised the City Council that the Planning and Zoning Commission had recommended Planned Development-B zoning instead of Multiple-Family. ORDINANCE NO. 2002-016 AN ORDINANCE OF THE CITY COUNCII, 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 PLANNED DEVELOPMENT DISTRICT - COMMUNITY UNIT City Council Meeting April 4, 2002 Page 6 DEVELOPMENT (PD-b) ON LOTS 8 AND 9, BLOCK 1, PINE BLUFF ADDITION, ON PROPERTY BELONGING TO MABLE MAXINE COOPER, SO AS TO 1NCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMII,Y DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT DISTRICT - COMMCTNITY LTNIT DEVELOPMENT (PD-b) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Mayor Pro Tem Manning for approval of the ordinance as recommended by the Planning and Zoning Commission. The motion was seconded by Councilman Gray and carried 7 ayes, 0 nays. ORDINANCE NO. 2002-017 AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NUMBER 94-016 WHICH AMENDED ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, BY REVISING SECTION 2 OF SAID ORDINANCE; PROVIDING FOR THE APPROVAL OF A SITE PLAN FOR LOT 13-A, CITY BLOCK 259; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF MAY 1, 2002, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilman Gray, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. City Manager Malone advised that the neat three items on the agenda, Agenda Item No. 10, public hearing to consider the abandonment of a portion of a forty City Council Meeting April 4, 2002 Page 7 (40) foot street known as W. Price Street in City Block 41 between N. Main Street (U. S. Hwy 271) and lst Street NW beginning at the west boundary line of N. Main Street going west to the east boundary line of lst Street NW; Agenda Item No. 11, an ordinance closing a portion of a forty (40) foot street known as W. Price Street in City Block 41, between N. Main Street (iJ. S. Hwy 271) and lst Street NW beginning at the west boundary line of M. Main Street going West to the east boundary line of lst Street NW, conditioned on receipt of fair market value from Lamar County in the form of right-of-way for the eatension of Hearne Street, and reserving access, utility, and drainage easements thereon; and Agenda Item No. 12, a resolution authorizing the mayor to execute Deeds of Abandonment to Lamar County as the adjacent property owner on either side of the closed portion of a forty (40) foot street known as W. Price Street in City Block 41 between N. Main Street ( U.S. Hwy 271) and lst Street NW beginning at the west boundary line of N. Main Street going west to the east boundary line of 1 st Street NW., conditioned on receipt of fair market value from Lamar County in the form of right-of-way for the eatension of Hearne Street, and reserving access, utility, and drainage easements thereon, had been tabled, and a motion was needed to bring those items from the table. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Bell, to bring the above three items from the table. The motion carried 7 ayes, 0 nays. Mayor Pfiester declared the public hearing open to consider the abandonment of a portion of a forty (40) foot street known as W. Price Street in City Block 41 between N. Main Street (LT.S. Hwy. 271) and lst Street NW beginning at the west boundary line of N. Main Street going west to the east boundary line of lst Street NW. Mayor Pfiester called for those who wished to speak for or against the abandonment of a portion of W. Price Street in City Block 41. No one appeared and the public hearing was declared closed. City Attorney Schenk explained that staff has prepared the ordinance to abandon City Council Meeting April 4, 2002 Page 8 the street right-of-way and the resolution to authorize the deed which reserves to the city a right-of-way and access easement, both of which provide for a right of access to be maintained in a fashion that would allow entry of emergency vehicles. The city would close the street right-of-way and convey the deed to Lamar County, conditioned upon there always being a right of access across the street right-of-way that is easily accessible to the city's emergency vehicles. City Attorney Schenk further explained that there would be some type of entry chain across the street, and emergency vehicles will be carrying chain cutters in order to cut the chain if entry of emergency vehicles is necessary. City Attorney Schenk said the exchange for this closure and the transfer of the consideration in the Price Street deed is the transfer to the City of Paris of the Hearne Street right-of-way. He said it will be a fair market exchange if the City Council makes a finding that the value of the Price Street right-of-way is equivalent to the value of the Hearne Street right-of-way with no exchange of money. Shawn Napier, City Engineer, came forward addressing the easement to accommodate the existing utilities, drainage, and new water line. Mr. Napier also discussed with the City Council the request by Lamar County that they would like to expose the brick that is under W. Price Street. City Attorney Schenk advised that the city would have to amend these documents to include as further consideration to the city that the county convey to the City a new utility easement for the purpose of a new water line. City Attorney Schenk said city staff has discussed the items with the County's Architect regarding access and entry right-of-way. City Attorney Schenk again stated that the city would abandon the Price Street right-of-way, but said abandonment would be conditioned upon reserving the right of entry; reserving access, utility and drainage easements across the current right-of-way; the grant of a new water line easement by the county to the City; and a finding by the county that a fair consideration to the county is the City Council Meeting April 4, 2002 Page 9 exchange of the Hearne Street right-of-way for the Price Street right-of-way, including the easement for the water line; and a transfer by warranty deed by the city of a portion of a forty (40) foot street known as W. Price Street to Lamar County in exchange for a warranty deed from the County to the City for the right-of-way of Hearne Street; other wise, the deal is off. ORDINANCE NO. 2002-018 AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF PARIS, PARIS, TEXAS, ABANDONING THE FORTY (40) FOOT STREET KNOWN AS W. PRICE STREET BEGINNING AT THE WEST BOUNDARY LINE OF N. MA1N STREET (U.S. HWY 271) GO1NG WEST TO THE EAST BOUNDARY LINE OF 1ST STREET N. W.; DECLARING NO NECESSITY OR NEED OF SAID STREET FOR CITY USE OTHER THAN FOR RIGHT OF ENTRY AND SURFACE ACCESS, DRAINAGE, AND UTILITY EASEMENTS, WHICH ARE EXPRESSLY RETAINED BY THE CITY OF PARIS; AUTHORIZING THE EXCHANGE OF THE CITY'S INTEREST IN THE PRICE STREET RIGHT-OF-WAY FOR THE CONVEYANCE BY THE COUNTY OF A FUTURE UTII,ITY EASEMENT FOR RELOCATION OF WATER LINES AND OTHER UTILITIES AND FOR THE CONVEYANCE TO THE CITY OF THE COUNTY'S UTII,ITIES AND FOR THE CONVEYANCE TO THE CITY OF THE COUNTY' S INTEREST IN RIGHT-OF-WAY NECESSARY FOR THE EXTENSION OF HEARNE STREET; DETERMINING FAIR CONSIDERATION AND EQUAL VALUE 1N SAID EXCHANGE; CONDITIONING SAID ABANDONMENT OF PRICE STREET ON RECEIl'T OF THE UTII,ITY EASEMENT AND THE HEARNE STREET RIGHT-OF-WAY AMENDING ALL PRIOR ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Gray, seconded by Councilman Plata, for City Council Meeting April 4, 2002 Page 10 adoption of the ordinance. The motion carried 7 ayes, 0 nays. Resolution No. 2002-061, authorizing the execution of a warranty deed of abandonment to Lamar County as the adjacent property owner of a forth (40) foot street known as W. Price Street in City Blocks 10 and 41, abandoned by Ordinance No. 2002-018, between N. Main Street (LT. S. Hwy 271) and lst Street N. W., beginning at the west boundary line of N. Main Street going West to the East Boundary line of lst Street N. W.; authorizing the acceptance of future utility easement for relocation of waterlines and other utilities and a warranty deed from Lamar County to a 100 foot right-of-way necessary for the eatension of Hearne Street from ist Street S. W. to 4r'' Street S. W. as consideration in exchange for the City's interest in the Price Street right-of-way conveyed by warrant deed authorized herein; conditioning said deed of abandonment on receipt of the utility easement and the warranty deed from La mar County for the Hearne Street right-of-way; making other findings and provisions related to the subject; and providing an effective date, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Mayor Pfiester declared the public hearing open to consider the proposed amendment to the Future Land Use Map - NE Area of the Comprehensive Plan, City of Paris, Texas, changing the zoning from Moderate Density Residential to Retail Commercial on Lot 2, City Block 317-A, located in the 4100 Block of Pine Mill Road. No one appeared in favor or against the proposed amendment, and the public hearing was declared closed. ORDINANCE NO. 2002-019 AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE FUTURE LAND USE MAP - NE AREA OF THE COMI'REHENSIVE PLAN, CITY OF PARIS, TEXAS, BE City Council Meeting April 4, 2002 Page 11 AMENDED BY CHANGING THE ZONING FROM MODERATE DENSITY RESIDENTIAL TO RETAII, COMIVERCIAL ON LOT 2, CITY BLOCK 317-A, BE1NG LOCATED 1N THE 4100 BLOCK OF PINE MII,L ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilman Gray, for adoption of the resolution. The motion carried 7 ayes, 0 nays. City Attorney Schenk presented the following petitions for rezoning: Jeremy Newberry, Lot 4, City Block 341, 3800 Block South Church Street, from Agriculture District to Commercial District (C) with specific use permit (52) billboards; Andrew Krayniak, Lot 9, Block 1, Few Addition, 1270 18r", NW, from a One-Family Dwelling District No. 3 to a One-Family Dwelling District No. 3 with Specific Use Permit (39) Manufactured Home; Tammie Green Part of Lot 4, Block 1, Locust Hill Addition, 1106 31d SW, from a Two-Family Dwelling District to a One-Family Dwelling District No. 3 With Specific Use Permit (39) Manufactured Home; Larry Fendley, Lot 3A, City Block 317 from a One-Family Dwelling No. 3 District to a Two-Family Dwelling District. There being no further business, a motion was made by Councilman McCarthy, seconded by Councilman Gray, to adjourn the meeting. The motion carried 7 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR ATTEST: City Council Meeting April 4, 2002 Page 12 MATTIE CUNNINGHAM, CITY CLERK