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07 City Council (7/10/03)Regular City Council Meeting July 10,2003 Page 1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL July 10, 2003 The City Council of the City of Paris met in regular session, Thursday, July 10, 2003, 6:00 P.M. at Paris Junior College, Applied Technology Building Room 1206, 2400 Clarksville Street, Paris, Texas. Mayor Pro Tem McCarthy called the meeting to order with the following Council Members present: Jim Bell, Jay Guest, Francine Neeley, and Willie Weekly, Jr. 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 of July 7, 2003, and they are hereby attached to these minutes as Exhibit A. Mayor Pro Tem McCarthy advised that Item No. 3, Public Hearing to consider the petition of Henry Starks for a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a Two-Family Dwelling District (2F) on Lot 18, City Block 259, had been tabled at the June 5, 2003, meeting and a motion to bring it from the table was in order. A motion was made by Councilman Bell, seconded by Councilman Guest, to bring the above item from the table. The motion carried 5 ayes, 0 nays. Mayor Pro Tem McCarthy declared the public hearing open to consider the petition of Henry Starks for a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a Two-Family Dwelling District (2F) on Lot 18, City Block 259, being 514 25th Street N.E. Mayor Pro Tem McCarthy called for proponents to appear. Henry Starks, 514 25th Street N.E., came forward stating that he has asked for a triplex three zoning instead of two-family and he felt it got confused along the line. Mr. Starks said a Two-Family Dwelling District would not do him any good since Regular City Council Meeting July 10,2003 Page 2 he wanted to build a duplex and a house. Steve Methven, Chief Building Official, came forward stating that he and Mr. Starks talked when he filled out the petition. He did not communicate well with Mr. Starks, and he thought that he just wanted to build a duplex. The petition stated that he wanted Two-Family Zoning. Mr. Methven said that Mr. Starks came to him the other night and he found out that he wanted to build a duplex and a single family dwelling on the same lot, and in the future build two more. Mr. Methven said the lot is large enough and he suggested to the Planning and Zoning Commission to give Mr. Starks Multiple Family Zoning to accommodate his needs, which the Planning and Zoning Commission did. But in looking back at this matter, he realized that the public notice to the property owners in the adjacent area and his notice in the newspaper only dealt with Two-Family zoning. Mr. Methven asked the City Council to table action on this item and send it back to Planning and Zoning and allow him to send out another public notice and letters that will reflect Multiple Family Zoning. Mr. Starks advised that Mr. Methven's request was acceptable. Mayor Pro Tem McCarthy called for opponents to appear, none appeared and the public hearing was declared closed. A motion was made by Councilman Bell, seconded by Councilman Weekly, to table action on this item. The motion carried 5 ayes, 0 nays. Mayor Pro Tem McCarthy announced that no action was required on Agenda Item No. 4, 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 on Lot 18, City Block 259. Mayor Pro Tem McCarthy declared the Public Hearing open to consider the petition of David Glass for a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a Commercial District (C) on Lot 1, City Block 249, located at 2404 Lamar Avenue. Regular City Council Meeting July 10,2003 Page 3 City Manager Malone advised that this Item had been tabled at the June, 2003, meeting, and if the City Council wished to consider this matter, a motion was needed to bring it from the table. A motion was made by Councilman Neeley, seconded by Councilman Guest, to bring this item from the table along with Agenda Item No.6, 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 1, City Block 249 being number 2404 Lamar Aveue. The motion carried 5 ayes, 0 nays. Mayor Pro Tem McCarthy called for proponents to appear, and David Glass, Box 95,195, appeared before the City Council speaking in favor of the rezoning change. Mayor Pro Tem McCarthy called for opponents to appear, none appeared, and the public hearing was declared closed. ORDINANCE NO. 203-028 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 1, CITY BLOCK 249, ON PROPERTY BELONGING TO DAVID GLASS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2); 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; Regular City Council Meeting July 10,2003 Page 4 AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Guest, seconded by Councilman Bell, for adoption of the ordinance. The motion carried 5 ayes, 0 nays. Mayor Pro Tem McCarthy declared the public hearing open to consider the petition ofRonald Kyle for a change in zoning from a Commercial District (C) With Specific Use Permit (52) Signs and Billboards on Lot 26, City Block 296, being number 495 35th Street N.E. Mayor Pro Tem McCarthy called for proponents to appear. Councilwoman Neeley asked since this was denied by the Planning and Zoning Commission and if the City Council was going to over-ride this item was there an adequate number of the City Council votes to do so. City Attorney Schenk advised that the requirement on a zoning matter that has been denied by the Planning and Zoning Commission to over-ride that denial, there must be a three-quarters vote of the seated Council members not disqualified and tonight that would take a 6 - 0 vote requirement under any circumstances. He said tonight there are only five members present, so the option for the Council would be, if there were a desire to consider actually approving this rezoning, is to take that action and have that possibility of that action, the City Council would need to table this matter this evening for purposes of action to bring it back at another meeting. The City Attorney said they would still need to conduct the public hearing. Ron Kyle, 3140 Stacy Lane, came forward stating that he would like to have this tabled until the next meeting, and requested that the City Council do so. Mayor Pro Tem McCarthy called for opponents to appear, and Ray Banks, 3450 Robin Road, came forward speaking in opposition to the rezoning petition. He said the change in zoning is for a billboard to be aimed at the intersection of Pine Mill Road and Loop 286, which is one of the busiest intersections in Regular City Council Meeting July 10,2003 Page 5 Lamar County and one of the deadliest intersections in this city. Mr. Banks advised that he travels through that intersection daily and he has lived within sight of that intersection for the last 20 years. He said over the years he has seen numerous wrecks and fatalities at this location. Mr. Banks said he was not an advertisement expert, but in his mind, billboards are put up to attract the attention of the traveler whether it is the passenger or the driver. He felt that the billboard that Mr. Kyle is going to be putting up is a computerized billboard that will be changing logos or something to attract the attention of the traveling public. Mr. Banks said this will be a major distraction for that intersection and all it takes is one split second for a driver to be looking at the billboard, the light changes, and there is an accident. For those reasons, Mr. Banks was opposed. Rashmi Patel, Manager and President of the Victorian Inn, was present speaking against the petition to have a permit of a billboard at 495 35th Street N.E., which joins the property next to the Victorian Inn. Mr. Patel's objections to the placement of the billboard were that it would reduce the curb appeal of the Victorian Inn and that the noise of the sign would detract from the Inn. He said 70 percent of his clientele choose the Victorian Inn because of its appearance from the highway. It would also create a hazardous condition for people traveling the Loop. Mr. Patel indicated that a person has only about twenty seconds to attract a customer and if the billboard sign is put in, the visibility will be even less for his business. The billboard will only add to the congested sign area and hurt the existing businesses. Ron Holmestead, General Manager of the Holiday Inn stated that he has been in Paris for five years. He thinks this is not a good place for a billboard. Mr. Holmestead said after talking to some of the local people, they feel it is probably time the city grows and changes, but people should think about what the city looks like. Mr. Holmestead said he belongs to and supports the beautification of Paris. He said he was fortunate that his owners, one of which is David Glass, has allowed him to participate in the landscaping of the highway project in front of the Holiday Inn. Mr. Holmestead advised that they invested, over the last five years, about ten thousand dollars in that grassy area. Regular City Council Meeting July 10,2003 Page 6 He felt that the City of Paris should look at a sign ordinance and that is going to be a difficult job for the City to do. Mr. Homestead said in the future Holiday Inn and Denny's will need to lower their signs if they want to be perceived as a better place for persons to do business. Ann Gillian, Route 1, Box 3480, a member of the Keep Paris Beautiful Committee, spoke because Pike Burkhart was out of town. Mr. Patel had called her because he knew the Committee would be concerned if signs were constructed that were not considered attractive. She thought this might be referred to as an attractive nuisance. On behalf of Keep Paris Beautiful she request City Council to deny this rezoning. Audie Niesler, Route 1, Brookston, Texas, Chairman of the Deacons of Lamar Avenue Church of Christ at 3535 Lamar, came forward speaking in opposition to the rezoning. Mr. Niesler said he represents approximately 600 members of this community and the largest landowner in that part of the city. He said their future plans for the church include building a retirement center and possibly a youth center, which will be across the road from where this sign will be. Mr. Niesler said that no one has mentioned that the sign will be 8 feet by 22 feet which is about the size of the wall behind the Council. He said that because eventually they will be building there, they feel this sign will be covered up and that some of the viability of the sign would be lost and would be a detriment to both the sign owner and land owners. He said they were recommending City Council turn this request down. No none 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 Commercial District (c) to a Commercial District (C) With Specific Use Permit (52) Signs and Billboards on Lot 26, City Block 296, located at 495 35th Street N.E. A motion was made by Councilman Guest, seconded by Councilman Weekly Regular City Council Meeting July 10,2003 Page 7 to table action on the public hearing and the above ordinance. The motion carried 5 ayes, 0 nays. Mayor Pro Tem McCarthy declared the public hearing open to consider the petition of Bill Gant for a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to Multiple-Family Dwelling District No. 1 (MF-1) on Lots 1 and lA, City Block 264, being located in the 1000 Block of 20th Street N.E. Mayor Pro Tem McCarthy called for proponents to appear, and Bill Gant, 905 Wilburn, appeared before the City Council advising he was not able to make the meeting of the Planning and Zoning Commission and he thought there were misconceptions about his plans for the lot. He said this was the Townsend home place and it was thought that he either wanted to put an apartment complex or low income housing at this location, and that is totally wrong. Mr. Gant said he planned to build duplexes. He would start with two duplexes facing each other. There would be an 18 foot driveway down the center which would help remove water. He would place a 6 foot wood fence around the entire property and there would be a wrought-iron fence with four brick columns across the front. Mr. Gant said he has room to place two additional duplexes. He thought that a lot of the opposition was that it might create crime and traffic problems, but he is only trying to do something to the neighborhood that is going to enhance the value of the total neighborhood. Mr. Gant said these duplexes will have an approximate cost of $100,000.00 each and it will be a half million dollar project when it is finished. Mr. Gant said he did have some opposition and one of then is a Diana Swank who owns two houses directly across the street from the property. When he contacted Ms. Swank she was under the impression that he was going to do low income housing and when he explained what he was doing, she would not have objected to the zoning. He said he contacted some of these people and they may be here tonight to oppose the zoning. Mr. Gant said there are pecan trees on the lot and he can situate the duplexes in a way to save the trees. He said Regular City Council Meeting July 10,2003 Page 8 that his idea is to rent to older people. Councilman Bell asked if this is Planned Development. Mr. Methven advised that Mr. Gant asked for Multi-Family Dwelling like Mr. Starks, he is going to put several duplexes on there, and he thought it is an option. Councilman Bell said if it was Planned Development they could say Mr. Gant this is all you can put there and have restrictions. Mr. Methven said it would require him to submit a Site Plan back to the City Council for approval. Mr. Gant said he would do that and requested that this be tabled. Mayor Pro Tem McCarthy called for anyone to speak in opposition to the rezoning. Jim Montgomery, 1135 20th N.E., was present stating that all of the people in the neighborhood are against changing the zoning. Mr. Montgomery said he has lived in this neighborhood for 25 years and he has tried to buy this lot to build his house but it was not for sale. He did not think that the city should change the zoning just because the grass has gotten three feet high. Mr. Montgomery said that Ms. Westbrook had requested that he speak for her and she lives next to the property line and she is in opposition to the rezoning. Mr. Montgomery said he had to take off work two hours early Monday night to get to the Planning and Zoning meeting and he took off two hours early tonight to get to this meeting and it is going to be hard for him to get back again. He said he would like to know where they stand. He said he understands that there cannot be a vote tonight. City Attorney Schenk advised that if the concept is to change the zoning to Planned Development, that is a different process, as there was talk about either voting up or down for the proposal of the previous petition. He said what could happen is the City Council could deny this zoning change tonight and a new application could be filed for Planned Development, but that would not mean he would not have to come back. Regular City Council Meeting July 10,2003 Page 9 Mr. Montgomery requested City Council to go with the Planning and Zoning recommendation. Toni Garmon, 1040 20th N.E., came forward stating that she lives directly across from the property that Mr. Gant is talking about. Ms. Garmon said she has owned their house since 1978 and they knew Mr. and Mrs. Townsend and Mrs. Townsend refused to sell the property for years. Dr. Townsend did the same thing, he refused because he did not want anything put there other than a home. Ms. Garmon said this is a home and a neighborhood where there are children running up and down on their bikes. She said the traffic on 20th Street is bad enough without creating more and it is hard enough to get on the street without having right across the street four duplexes with eight to sixteen potential vehicles. Ms. Garmon asked City Council to deny the request. Councilman Bell advised that in his experience, in a neighborhood like this, you either have a neighborhood do as people do, we grow older and we die, and neighborhoods can do the same things if they are not redeveloped. Redevelopment can take place where people are buying the homes and refurbishing them or they gradually change in use and this is not a dramatic change for this property if it is rezoned for duplexes. Councilman Bell said he was against Mr. Gant having Multi-Family zoning with the possibility of apartments. He would be more in favor of the duplexes if he would consider Planned Development, which he has indicated that he would. Councilman Bell said there is very little chance that he could see that those lots are going to attract someone to come, at cost of construction today and build a house. There is a possibility of ending up with something that is still vacant, not being mowed, not producing taxes for the city, and there really needs to be some sort of renewal for that neighborhood. Ms. Garmon said what Councilman Bell is proposing is the same thing they did down the road between Lamar and Pine Bluff. They put that as commercial zoning and now they have a bunch of little rat shops. They did not fix up the house or build anything nice. They just fixed little houses and put businesses Regular City Council Meeting July 10,2003 Page 10 in them and it has run down the neighborhood. Ms. Harmon said she has put about 30 thousand dollars in her home and she does not want the congestion of the traffic. It is already a problem. There have been little kids hit on bicycles because people speed down that street and there have been numerous accidents. Mayor Pro Tem McCarthy asked Mr. Methven what the Master Plan called for. Mr. Methven advised that was moderate density residential and it would not blend well with apartments. It would not be the ideal situation. Mr. Methven said these are two big lots and they would fit well for duplexes. Benny Tschoemer, 1970 Harrison, came forward speaking in opposition to the Multi-Family petition. Mr. Tschoemer said this is a one family neighborhood and it was his desire to keep it as such. No one else appeared, and the public hearing was declared closed. City Attorney Schenk recommended that council vote up or down on the proposal. If the idea is to go with a Planned Development he recommends that the City Council denies this request so a new application can be filed and that would in turn go before the Planning and Zoning Commission as you cannot have two applications pending at the same time on the same property. A motion was made by Councilman Bell to deny the rezoning petition. The motion was seconded by Councilman Guest and carried 5 ayes, 0 nays. ORDINANCE NO. 2003-029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT-RETAIL SHOPPING CENTER (PD-a), PREVIOUSLY ESTABLISHED BY THE ADOPTION OF ZONING ORDINANCE NO. 2003-022, FOR LOT 18, BLOCK 3, TOWN NORTH ESTATES ADDITION; MAKING OTHER FINDINGS AND PROVISIONS Regular City Council Meeting July 10,2003 Page 11 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 Councilwoman Neeley, seconded by Councilman Weekly, for adoption of the ordinance. The motion carried 5 ayes, 0 nays. Mayor Pro Tem McCarthy called for consideration of and action on the Final Plat of River Oaks Subdivision, located in the 300 Block of Aikin Drive. Shawn Napier, City Engineer, came forward stating that on the memorandum that the City Council has there are six items. All of the items have been fulfilled with the exception of the fifth item, which required water and sewer lines to be constructed prior to acceptance of the final plat or a Guarantee of Construction be completed in the amount of $75,000.00 per Ordinance No. 1315 Section XIII, Guarantee of Construction. Mr. Napier said he and Mr. Ross discussed this several times and they had always discussed putting up a bond so the plat could be filed. Mr. Napier said today he had a telephone conservation with Mr. Ross and he said they were talking about putting in the utilities so they will not have to put up the bond. He said he has not had a chance to talk to Mr. Ross about this, but in lieu of that, it is not really going to affect his development too much, but he would recommend instead of approving the Final Plat, deny it and wait until the utilities are finished because it is not going to affect him one way or the other. This would give the city more time to establish the Final Plat and make sure everything is in place. City Attorney Schenk said Section 17 of the Zoning Ordinance provides that no permit for the construction of buildings etc., can be approved until such time as a plat is approved by this Council, and that is a Final Plat. The problem is, in a platting process in the State of Texas, you will have the utilities in before the Final Plat is filed. That is why you go through the Preliminary Plat process so that you can be working on, work with the changes, and configuration of the subdivision and finally decide how it is going to be built. The City Attorney Regular City Council Meeting July 10,2003 Page 12 said in lieu of actually having the utilities constructed, this City Council previously and the city has also put a provision in the ordinance to allow the posting of a secure bond that would secure the city and the people who are buying the property in the subdivision against the fact that the utilities might not be built once the Final Plat is filed. He said that is an additional method of assuring that the utilities are built, but it is not a perfect system because it still means that the city would have to call the bond and cause the utilities to be built. City Attorney Schenk said the essence ora Final Plat is that utilities are installed and then the lots are there ready to be sold, the deed can be filed, and then the building permits can be issued. He said that in approving this subject to posting of the security, if the security is never posted, by State Law, once a Final Plat is presented for approval, it either has to be approved or denied within 30 days. If the Final Plat is not denied within 30 days, and not approved in 30 days, it is automatically approved by State Law and subject to being filed. City Attorney Schenk said the city' s concern is the utilities are not in, but if the security is not posted at the time this Council acts on the Final Plat, then the city has no security that those utilities are going to be built before houses are sold. Councilman Guest asked if Mr. Ross objected to this. Mr. Ross came forward stating that he did object to this as he has just heard of this just now. He said they have had a lot of meetings, even today, and competitive bids came in at $45,000.00 and he is asking for $75,000.00. Mr. Ross said he had the $45,000.00 borrowed and he agreed that he could not put up $75,000.00. Councilman Guest said he did not have to put up the $75,000.00 only a bond. Mr. Ross said he was just going to bring in a CD for $45,000.00 and he did not know what a bond cost. Mr. Bray was the low bidder and he said it was pretty expensive. Councilwoman Neeley asked if the City Council denies this plat, that would not keep him from going on with putting the utilities in. Regular City Council Meeting July 10,2003 Page 13 City Attorney Schenk said if the city had the bond tonight, his recommendation to the City Council would be to approve the Final Plat because that is what the ordinance says. Councilman Bell said if Mr. Ross could bring the bond in tomorrow morning, this can be placed on the Monday night agenda for approval, but it will have to be for $75,000.00. Mr. Ross said that to him, competitive bids from competitive bidders were closer than an estimate based on somebody else's job. Mr. Bell asked if the city has that in writing. Mr. Napier said there is a rough draft. Councilman Guest asked what if the bidder brought in a contract for $45,000.00 or $50,000.00, can he do that. Mr. Ross said that Mr. Bray is out of town tonight and he said he might put up the bond. He thought he had the option that the Council would approve this tonight and either they complete the work, or bring the city a bond for the portion that is left. City Attorney Schenk suggested that they go ahead and table action on the Final Plat tonight subject to it being placed on the agenda for Monday night, and if at that time it is not in proper order, and he did not ask for it to be denied, otherwise in 30 days it goes into effect. After further discussion, a motion was made by Councilwoman Neeley to table the Final Plat of River Oaks Subdivision until Monday with conditions. The motion was seconded by Councilman Guest and carried 5 ayes, 0 nays. There being no further business, a motion was made by Councilwoman Neeley, seconded by Councilman Weekly, to adjourn the meeting. The motion carried 5 ayes, 0 nays. Regular City Council Meeting July 10,2003 Page 14 JOE MCCARTHY, MAYOR PRO TEM ATTEST: MATTIE CUNNINGHAM, CITY CLERK