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14 Council Minutes (06/06/02)MINUTES OF THE REGULAR CITY COUNCIL MEETING June 6, 2002 The City Council of the City of Paris met in regular session Thursday, June 6, 2002, 6:00 P. M., Paris Junior College Applied Technology Building, Room 10 16. Mayor Michael J. Pfiester called the meeting to order with the following Council Members present: Joe McCarthy, Richard Manning, John Bell, Benny Plata, Francine Neeley, and Willie J. Weekly, Sr. Also present were City Manager Michael E. Malone, Assistant City Attorney Stephanie Harris, and City Clerk Mattie Cunningham. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting of June 3, 2002, and they are attached hereto to as Exhibit A. A motion was made by Councilman Bell to move Agenda Item No. 7, Public Hearing to consider the petition of Leann Sartor for a change in zoning from a General Retail District (GR) to a General Retail District (GR) With Specific Use Permit (3) Auto Laundry on Lot 21, City Block 249, being number 2926 Lamar Avenue, and Agenda Item No. 8, consideration of and action on an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a General Retail District (GR) to a General Retail District (GR) With Specific Use Permit Auto Laundry on Lot 21, City Block 249, located at 2926 Lamar Avenue, forward. The motion was seconded by Councilman McCarthy and carried 7 ayes, 0 nays. Mayor Pfiester declared the public hearing open to consider the petition of Leann Sartor for a change in zoning from a General Retail District (GR) to a General Retail District (GR) With Specific Use Permit (3) Auto Laundry on Lot 21, City Block 249, located at 2926 Lamar Avenue. Mayor Pfiester called for proponents to appear and Leann Sartor, 182 Preston Drive, Reno, Texas, appeared in behalf of her petition. Ms. Sartor informed the City Council that the car wash that they wished to put in is completely different from anything seen in Paris. She said all of the activity is directed to the frontage on Lamar Avenue. Ms. Sartor pointed out that the way their plans are City Council Meetrng June 6, 2002 Page 2 designed, there will be only 30 feet behind the car wash it to direct all the cars back to the highway to keep them from loitering and staying in back of the property. Ms. Sartor advised that they were only going to use one-half of the property in the back and the trees in the back of the property will stay, which will help protect the homes. Ms. Sartor stated that she hoped the police will work with them to keep loitering from going on and if she sees anything on her property, she will call the police. As far as loitering, trash and loud music, she said that is something that will not be tolerated. She said the car wash will complement the businesses around them. It will be built differently, the vacuuming islands and vending machines will be in the front and the car washing will be in the back. The roof will be gabled and the facility will be built out of split base masonry and will be a nice facility. Ms Sartor said she would hate to spend that much money and not work it and make it a success. Mayor Pfiester called for opponents to appear, and Sara Eatherly, 2925 Margaret Street, came forward explaining that their property backs up to where the car wash will be. Ms. Eatherly said presently there is a car wash next door to the proposed car wash. She said they hear boom boxes and squealing tires all day long. She works in her yard a lot and she has heard language used that should not be used. Ms. Eatherly informed the City Council that residents call the police when the disturbances occur, but that evidently they have a scanner at this business and the activity ceases before the police can arrive. She stated that she assumes that there will also be a scanner at the proposed car wash. By the time the police can arrive, the kids will have left, turned their boom-boxes off, and changed their language. Ms. Eatherly wanted to go on record that she opposes the zoning change because she knows what they have had for the last few years with the current car wash. Darrel Coats, owner of the Collegiate Village Apartments, came forward telling the City Council that he did not receive a letter concerning this matter or he would have been here earlier and would have been more prepared. He said it was his understanding that it was a city error due to consulting two different maps. Mr. Coats said his property is approximately fifty feet from the City Council Meetrng June 6, 2002 Page 3 property in question and he is very concerned about the noise level as it is going to be an all night operation. Mr. Coats said that they had the same problem next to Whataburger at the Continental Village Apartments, and they too said it was going to be quiet. Mr. Coats said the boom-boxes are going at two o' clock in the morning, and he had no reason to believe that this will not be the same thing. Mr. Coats said he would appreciate some consideration. Mr. Coats said that their apartment management has standards that they go by and they tell their residents about the noise level in an apartment. Their standard is that, ifyour neighbor hears the noise, it is too loud and management will not allow for that to continue. Mr. Coats said that they have thirty-nine apartments and thirty-two of their tenants are senior citizens. He felt that the senior citizens in Paris need a place to reside where they do not have to contend with this type activity, and he tries to provide that service. Mr. Coats told the City Council that when he built these apartments the city made him put a forty-foot green belt between his property and the residents on the south side. The Council also established several other requirements at that time. The neighbors were satisfied when he met with those requirements. Another concern Mr. Coats had was that the lights that will shine on his property all night. Mr. Coats said that he had several people to move because of the noise factor. He pointed out that if Ms. Sartor had a green belt at the back of her property, as the City Council required him to have, it would help cut down on the lights and noise. Fred Eatherly, 2925 Margaret Street, appeared before the City Council advising that his property joins Ms. Sartor's property. Mr. Eatherly informed the City Council that Steve Dockery did not receive official notification from the City of Paris. Mr. Eatherly notified Mr. Dockery today. Mr. Eatherly said since Mr. Coats did not receive notification , he asked the City Council to table action on this matter until they have more time to prepare and bring more information to the Council. City Council Meetrng June 6, 2002 Page 4 Bobby Guest came forward telling the City Council that she lives right behind the Star Car Wash and she has beer bottles in her yard all the time. Ms. Guest said she calls the police all time and she was against another car wash being located there. Ms. Guest also said she has called the city several times about the fence because Star Car Wash does not keep up the fence. Mayor Pfiester called for a show of hands of those present who were against the zoning change. There were eight people against the zoning change. Russell Gifford, 2915 Margaret Street, appeared before the City Council objecting to the zoning change. Mr. Gifford said that the reason they purchased their property was because it was a nice neighborhood and had very little traffic. Mr. Gifford said they paid a lot for their home to have a twenty- four hour car wash put right behind their home. He said it was a disappointment to them to have something like that put in their backyard. Councilwoman Neeley asked Mr. Gifford if he received notification of the zoning change. Mr. Gifford said that he did receive notice, but thought it was a laundry. City Manager Malone told the City Council that Mr. Methven had given him a map showing Mr. Dockery's property is not within the two hundred feet limit. Tony Dale Bowden, Blossom, Texas, came forward stating that he owns the lot that Leann and Jason Sartor would like to purchase. He said he bought the lot a month ago with the intention of putting a strip center there. Mr. Bowden was approached by the Sartor's asking to buy the property and he agreed to sell the lot based on the City Council approving the rezoning. Mr. Bowden told the City Council that what they are proposing to build is really nice. He had never seen anything like this except in the Dallas area. Mr. Bowden stated that developers felt like they were in a catch twenty-two in Paris - the citizens want development, but don't want to cut a tree down, and in the long run, the new development will be landscaped and will be attractive. City Council Meetrng June 6, 2002 Page 5 Mr. Gifford pointed out that after a person washes their vehicle they turn their boom boxes up while they continue to clean their vehicles, and that is when the noise starts. Leann Sartor came forward again stating that their car wash will be forty feet away from the homeowners. She agreed to put up a privacy fence and maintain it. Ms. Sartor said this not going to be like the car washes that are presently in Paris. The vacuums will be up front by the traffic. The business is not going to be near the homeowners' property. She stated that she was only allowing a drive of thirty feet behind the business in order to prevent the cars from coming around back from Lamar Avenue. Ms. Sartor showed the City Council the plans for the car wash and explained that the noise will be at the front of the property near Lamar Avenue. Ms. Sartor also told the City Council that there are shades that will be placed on the lights to reflect to the front of the property and the security lights will be close to the street. Fred Eatherly presented a petition containing thirty-eight signatures of taxpayers who are against the rezoning of this lot. Sara Eatherly again addressed the City Council regarding the rezoning change and again voiced her objections. After further discussion, Mayor Pfiester declared the public hearing closed and asked this group to go down to the break area and discuss this matter and see if they could compromise with each other and come up with an agreement. Mayor Pfiester announced that Agenda Item No. 8, consideration of and action on an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a General Retail District (GR) to a General Retail District (GR) With Specific Use Permit (3) Auto Laundry on Lot 21, City Block 249, be postponed until later in the meeting. Mayor Pfiester declared the public hearing open to consider the petition of City Council Meetrng June 6, 2002 Page 6 Gary Nash for a change in zoning from a Two-Family Dwelling District (2F) to a Commercial District (C) on Lot 11, Block 1, Warren Addition, being located n the 1800 Block of Bonham Street. Mayor Pfiester called for proponents to appear, and Gary Nash came forward speaking in favor of his petition. Mr. Nash stated that he had purchased two residential properties behind his property on Bonham Street with a lot of depth and an alley. He showed the City Council a site plan for a proposed Dollar General Store that he would like to build. Mr. Nash said he did not think the noise would be of any significant concern. He also said he would install a six- foot chain link fence. City Manager Malone advised that a letter of opposition to the zoning change had been included in the agenda packet. No one else appeared, and the public hearing was declared closed. ORDINANCE NO. 2002-029 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) ON LOT 11, BLOCK 1, WARREN ADDITION, ON PROPERTY BELONGING TO GARY NASH, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO- FAMILY DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES 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 Councilman Weekly, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. City Council Meetrng June 6, 2002 Page 7 Mayor Pfiester declared the public hearing open to consider the petition of Brian Flowers for a change in zoning from a One-Family Dwelling District No. 2(SF-2) to a Neighborhood Service District (NS) on Lot l, City Block 257-B, located at 2504 E. Cherry Street. Mayor Pfiester called for proponents to appear, and Brian Flowers, 715 34tn NE, appeared before the City Council advising that he has a contract to purchase this facility, which had been operated as a daycare facility until September or October of last year. Mr. Flowers said he is going to put a beauty salon at this location. He advised that at the Planning and Zoning Commission, the issues of parking and hours of operation were brought up by the Hillcrest Baptist Church located across the street from his property. Mr. Flowers said he will be using the vacant lot directly south of the building as a parking lot. The parking lot will be paved and he said there would not be a problem with the church using the parking area. The hours of operation will be from 8:30 A.M. to 5:30 P.M., Tuesday through Saturday. No one appeared in opposition, and the public hearing was declared closed. ORDINANCE NO. 2002-030 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 NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT l, CITY BLOCK 257-B, REQUESTED BY BRIAN FLOWERS, AGENT FOR VICKI J. MARSH, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 2(SF-2); DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT City Council Meetrng June 6, 2002 Page 8 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 7 ayes, 0 nays. Mayor Pfiester declared the public hearing open on the petition of Earl Posey for a change in zoning from a One-Family Dwelling District No. 2(SF-2) to a Two-Family Dwelling District (2F) on Lots 2 and 3, City Block 300, being located in the 500 Block of 24th Street N. W. Mayor Pfiester called for proponents to appear, and Tommy Posey, 815 33rd N. E., came forward telling the City Council that all they wanted to do is build a duplex on a four and one-half acre site. Mr. Posey advised that his brother's plan is to live in one side of the proposed duplex. Mr. Posey said yesterday, he went through the neighborhood talking to the people and he got eighty-seven names on a petition that have no objection to the duplex being constructed. Mr. Posey said seventy-one of the people signing the petition were property owners in that area, and he presented the petition to the City Council. He said that some of those obj ecting to the petition wanted the neighborhood to stay the same, that the streets are too narrow, that there was no curb and gutter, and the street will be congested with additional traffic. Mr. Posey felt the duplex would improve the neighborhood. Mr. Posey said that most of the people he talked to had been told by Mr. Dalton that the duplex is going to be low income, low budget, mixed families, and Section 8 housing. He did not know what Mr. Dalton meant about mixed families, and he did not know what Section 8 housing was. Mr. Posey said no one has contacted him or his brother regarding what their intentions were regarding their property. Mr. Posey pointed out that there were duplexes located close to schools all over the city and felt that was not a valid reason for not building the duplex. City Council Meetrng June 6, 2002 Page 9 Mayor Pfiester called for opponents to appear, and Bill Dalton, 460 24tn NW appeared before the City Council stating that he lives across the street from this property. Mr. Dalton said he did mention that this would probably be low cost housing because he had heard this about a year and half ago from a lady who works for the city. Mr. Dalton said this would lower property value and it will create a lot of traffic down this street. There are a lot of traffic problems now because they get the over-flow from school buses and this could create a safety hazard. Mr. Dalton pointed out that the street is narrow, and there is no curb and gutter. He also said the sewer system is old in this neighborhood and there are people having trouble with the sewer now, and additional housing will create more problems. Mr. Dalton presented a petition containing forty-five signatures opposing this zoning change. Mayor Pfiester asked Mr. Dalton how many people he told that this was going to be low income, Section 8 housing, and mixed families. Mr. Dalton said that more of the people on the petition asked him if he thought this would be that type housing. Mr. Dalton said if Earl Posey had his home at this location, and if he came to him and told me that he wanted to build a duplex on his land to supplement his income, he would not have any obj ections to that. Mr. Dalton stated that he did not think Mr. Posey is going to live there. Sherry L. Posey was present advising that she is the ex-sister-in-law who lives across from the property. Ms. Posey stated that she did not want apartments at this location. She preferred a one-family dwelling. No one else appeared, and the public hearing was declared closed. City Manager Malone called for consideration of and action on an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One-Family Dwelling District No. 2( SF-2) to a Two-Family Dwelling District (2F) on Lots 2 and 3, City Block 300. A motion was made by Councilman Bell, seconded by Mayor Pro Tem City Council Meetrng June 6, 2002 Page 10 Manning to deny changing the zoning on Lot 2 and 3, City Block 300. The motion failed with three ayes, four nays. Mayor Pfiester announced that the City Council would take a short break at 7:30 P. M. Mayor Pfiester reconvened the meeting at 7:38 P. M. Mayor Pfiester announced that the group that was trying to reach an agreement was unable to work out a solution to their problem. City Manager Malone called for consideration of and action on an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a General Retail District (GR) to a General Retail District (GR) With Specific Use Permit (3) Auto Laundry on Lot 21, City Block 249. A motion was made by Councilwoman Neeley, seconded by Mayor Pro Tem Manning, to refer the zoning petition back to the Planning and Zoning Commission. The motion carried 6 ayes, 1 nay, Councilman McCarthy voting no. Mayor Pfiester declared the public hearing open to consider the request on the abandonment of a fifteen (15) foot alley in Block 4 of the S. J. Wright Addition between Bonham Street (U. S. Hwy 82) and W. Kaufman Street beginning at the west boundary line of 18th Street S. W., west to the east boundary line of 19th Street S. W. No one appeared for or against the abandonment of a fifteen foot alley in Block 4 of the S. J. Wright Addition between Bonham Street and W. Kaufman Street. Mayor Pfiester declared the public hearing closed. ORDINANCE NO. 2002-031 City Council Meetrng June 6, 2002 Page 11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ABANDONING AN UNNAMED FIFTEEN (15) FOOT ALLEY BEGINNING AT THE WEST BOUNDARY LINE OF 18TH STREET S. W. GOING WEST TO THE EAST BOUNDARY LINE OF 19TH STREET S. W., LOCATED BETWEEN BONHAM STREET (U. S. HWY 82) AND W. KAUFMAN STREET; DECLARING NO NECESSITY OR NEED OF SAID ALLEY FOR CITY USE OTHER THAN FOR DRAINAGE AND UTILITY EASEMENTS, WHICH ARE EXPRESSLY RETAINED BY THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 2002, WAS PRESENTED. A motion was made by Councilman Plata, seconded by Councilman McCarthy, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Resolution No. 2002-098, authorizing the execution of deeds of abandonment to the adj acent property owners of a fifteen (15) foot alley abandoned by ordinance no. 2002-031 from the west boundary line of 18th street SW., west to the East Boundary line of 19th Street SW, located between Bonham Street and W. Kaufman Street, was presented. A motion was made by Councilman Plata, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 7 ayes, 0 nays. A motion was made by Councilwoman Neeley, seconded by Councilman McCarthy, for approval of the Preliminary Plat of Lot 14-A, City Block 259, subject to the requirements of the City Engineer (Red River Business Park). The motion carried 7 ayes, 0 nays. There being no further business, a motion was made by Councilman McCarthy, seconded by Councilman Weekly, to adjourn the meeting. The motion carried 7 ayes, 0 nays. City Council Meetrng June 6, 2002 Page 12 MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK