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
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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Page 12
MICHAEL J. PFIESTER, MAYOR
ATTEST:
MATTIE CUNNINGHAM, CITY CLERK