Loading...
02 City Council (03/04/04) MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL March 4, 2004 The City Council of the City of Paris met in regular session, Thursday, March 4, 2004, 6:00 P.M. at Paris Junior College, Bobby R. Walters Applied Technology Building, Room 1206, 2400 Clarksville Street, Paris, Texas. Mayor Curtis Fendley called the meeting to order with the following Council Members present: Jim Bell, Jay Guest, 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. Mayor Fendley advised that the first item on the agenda was consideration of and action on approval of the City Manager’s appointment of a Director of Community Development. City Manager Malone said in accordance with Section 23 of the City Charter of the City of Paris, he submitted to the City Council the name of Lisa Wright for confirmation as the Director of Community Development. He advised Council that they went through a process of advertising on the TML website and the Planning Association website and received about a dozen applications. City Manager Malone said they conducted four interviews. He said that he has found that Lisa possesses the education background and the experience background to fill this job and she is the best selection for the position. City Manager Malone said he was very proud to recommend Ms. Wright to the Council as the Director of Community Development. A simple voice vote of council will confirm her as his appointee to this position. A motion was made by Councilman Weekly, seconded by Mayor Pro Tem McCarthy, confirming the appointment of Lisa Wright as the Director of Community Development. The motion carried 7 ayes, 0 nays. Lisa Wright came forward thanking the Mayor, City Council, and City Manager and expressed her appreciation for this opportunity, and said she was looking forward to working with the City Council. The City Council was in receipt of the report from the Planning & Zoning Regular City Council Meeting March 4, 2004 Page 2 Commission. Mayor Fendley called for a motion to excuse Councilman Bell because he is a realtor involved in this property. A motion was made by Councilman Guest, seconded by Mayor Pro Tem McCarthy, to excuse Councilman Bell. The motion carried 7 ayes, 0 nays, and Councilman Bell departed the council chambers. Mayor Fendley declared the public hearing open to consider the petition of Cindy Gates for a change in zoning from an Agricultural District (A) to a Commercial District (C), with Specific Use Permit (49) Auto Fuel Sales on Lot 3, City Block 328, located in the 3800 Block of Loop 286 S.W. Mayor Fendley called for proponents to appear, and Maritta Oglesby came forward telling the City Council that she grew up in Paris and she was the owner of the land. She thought the presentation would show Council that this is a good use of the property. Ms. Oglesby advised that she has brought two other prior uses, one retail and one residential, and both of those were turned down. Ms. Oglesby said this is beginning to affect her financially because she has been unable to sell her property. Ms. Oglesby said that Ms. Gates has a really nice layout that will be good for the neighborhood. Ms. Oglesby said that she will leave a tree buffer and there will be a park because this is going to be a travel lodge as opposed to a truck stop, and she asked Steve Methven to state what can be placed on her property. She advised that this is the third time that she has brought it before the City Council and they have all been turned down. Steve Methven, Chief Building Official, advised that the property is presently zoned Agricultural and they are seeking Commercial Zoning as they do touch Commercial to the north. He said the property could be zoned Planned Development and it would be in her use and the city could issue a Specific Use Permit with Auto Fuel Sales. The only difference in going straight up Commercial Zoning and Planned Development would be to go Planned Development, they would have to submit a site plan, which again, would have Regular City Council Meeting March 4, 2004 Page 3 to go back before the Planning and Zoning Commission and the City Council. At the same time, the neighbors would be notified and there would again be a public hearing. Ms. Oglesby told the City Council that this would bring jobs for construction, as a business and it is going to bring an economic fix for west Paris. She said that she has been trying to sell this property for $4,440.00 an acre, and has been unable to do so due to the zoning. Ms. Oglesby pointed out that her neighbor is trying to get $10,000.00 per acre. She stated that she was being damaged in this process and encouraged the City Council to take this into consideration that it is a good use for this location and will remain pleasing with what Ms. Gates is trying to do. Ms. Oglesby informed the Council that she would like to sell her land and move forward. Cindy Gates, CR 33500, House 30, Sumner, Texas, came forward in support of her rezoning request. She stated that she was trying to put a travel center on the west side of town. She pointed out that there are a lot of trucking companies in this town along with industry which call for a truck stop or which have a need for a truck stop. Ms. Gates presented a drawing of what the travel lodge would look like. She said this would not draw the people that the residents in the area are afraid of. Ms. Gates advised that she had spoken to Chief Louis regarding officers patrolling at night. There will be a security system to make sure that nothing happens. Ms. Gates informed the Council that because of the tree line, you cannot see any of the houses from this property and she said that she would put up a privacy fence where the residents are. Ms. Gates advised that she would not have a problem with Planned Development Zoning for the travel lodge. Jo Gates, 33500, House 30, Sumner, Texas, appeared before the City Council stating that she and her daughter were the ones that are planning to put the travel center in. She stated that it is going to be a family owned and operated business. City Manager Malone informed the Council that Ms. Gates has given the city Regular City Council Meeting March 4, 2004 Page 4 a petition containing approximately 215 signatures in support of the travel lodge. He advised that the signatures are not verified, other than you have them on the petition, and they are not all Paris people. Gaylon Little appeared in support of the travel lodge. He advised that he is an independent trucker living in Paris and he has known Cindy and her mother for years. He said there is a need for a truck stop in this town. Carren Goforth was also present in support of the rezoning petition of Cindy Gates. J. W. Rossen, Real Estate Agent, came forward stating that Ms. Gates is trying to establish what would be looked at as a revenue type of business for the southwest side of Paris. Mr. Rossen said that he keeps hearing there is a need for more businesses on the west side of Paris and try to increase the revenue and try to develop the west side of Paris like the east side of Paris. He said it appeared that Ms. Gates has tried to please the residents in the area. Mayor Fendley called for opponents to appear, and Rick Hawthorne came forward asking that Ms. Gates give her presentation to the audience because there was some information that was delivered that the audience did not hear. Mayor Fendley asked Ms. Gates to come back and give the audience a brief presentation for her travel lodge. Mr. Hawthorne said he lived in Parc Quest and he located his family here from Florida a little over a year ago. The reason being is he wanted to live in an area that is safer and is a good place to raise his family and he found that in Paris, Texas. Mr. Hawthorne said he purchased his home in Parc Quest about two months ago and it is still under development as there are only five or six homes in there now. He said if this business is so closely located to Parc Quest, it would in fact kill any future development in that area. Mr. Hawthorne expressed his objections to this business being too close to residential areas. Regular City Council Meeting March 4, 2004 Page 5 th Deloria Redus, 320 34 S.W., came forward stating that she has four acres east of Parc Quest, and stated that she was against this. Ms. Redus stated that there are a lot more businesses that are desirable that could go in the area. She said they did not need a truck stop in west Paris. Standford R. Thurman appeared before the City Council stating that he is a retired truck driver of 30 years. Mr. Thurman pointed out that if a person parks a truck in high temperature, they are going to run the engine. Mr. Thurman said if they leave the jake brake switch on it is going to sit there and when the oil pressure comes up, it is going to start making a bumping sound. He said he would receive that pumping sound on Sage Trail. They will receive it at Parc Quest, also. Melissa Huey, 107 Parc Quest, was present speaking in opposition to the petition stating that they have worked a long time to make sure that their neighborhood is safe. Ms. Huey expressed concern about pollution, environment and lights. She said that she was a single mother and was concerned about the personal safety of her family. Michael Roberts, 3825 Sage Trail Drive, came forward speaking in opposition of the petition stating that the area is a quiet residential district and he does not want increased noise. Mr. Roberts also stated that he has completely remodeled his home and does not want to see his property value lowered because of a truck stop in the area. He said that if the truck stop is built, it would be visible from his back door. Mr. Roberts spent several years as a truck driver, and he has seen prostitution and drugs in the area of truck stops. th Archie Hood, 765 S. 5 Street, Honey Grove, appeared before the city Council stating they own 40 lots in Parc Quest, and spoke in opposition to the petition. He said this would be detrimental to the area. Debbie Burks, 3935 Sage Trail, appeared before the City Council voicing her opposition to the rezoning petition. She stated that she feels safe in her neighborhood and with a truck stop there, she would not feel safe. Ms. Burks Regular City Council Meeting March 4, 2004 Page 6 said the elements that go along with a truck stop are not compatible with the neighborhood. Ms. Burks stated that this is her home and she wants to protect it. Ms. Burks said she did not want to live by a place that you have to get the police to patrol. Ms. Burks said if the major problems come between 11:00 P.M. and 3:00 P.M.; she said that is their sleeping time. Ms. Burks said they did not need anything that brings in crime. She stated there are other places that would be much more suitable for a truck stop, but not by their neighborhood, not where they live. She said they would be glad to have retail there that is compatible with their neighborhood, not something that will hurt their neighborhood. No one else appeared, and the public hearing was declared closed. Mayor Fendley called for consideration of and action on an ordinance amending Zoning Ordinance No. 1710, changing the zoning from an Agricultural District (A) to a Commercial District (C), With Specific Use Permit (49) Auto Fuel Sales, on Lot 3, City Block 328, being located in the 3800 Block of Loop 286 S. W. After discussion, a motion was made by Councilman Weekly, seconded Councilwoman Neeley, to deny the rezoning request of Lot 3, City Block 328 as recommended by the Planning and Zoning Commission. The motion carried 4 ayes, 2 nays. A motion was made by Councilman Guest, seconded by Councilwoman Neeley, to allow Councilman Bell to return to the council chamber. The motion carried 6 ayes, 0 nays. Councilman Bell entered the council chambers and assumed his seat at the council table. A motion was made by Councilman Guest, seconded by Mayor Pro Tem McCarthy for approval of the Replat of Lots 5, 6, and 8, Stone Ridge Addition, Phase 1, subject to the requirements of the City Engineer. The motion carried Regular City Council Meeting March 4, 2004 Page 7 7 ayes, 0 nays. A motion was made by Councilwoman Neeley, seconded by Councilman Weekly, for approval of the Final Plat of Cadillac Place Subdivision subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. Mayor Fendley called for consideration of and action on an ordinance granting a variance pursuant to Section XVI (B) of Ordinance No. 1315, the City Subdivision Ordinance, from the requirements of Section VIII (A), Curb and Gutter, of the aforesaid Subdivision Ordinance, to the developers of Lots 1, 2, and 3, Block A, House Addition (City Block 218-A), being located in the 1300 Block of W. Austin Street. City Manager Malone advised that the action of the Final Plat of the House Addition was approved by a vote of 5-0, but the request for the curb and gutter variance was denied and this was approved subject to the City Engineer’s memorandum dated February 27, 2004. He said the City Engineer recommended that the curb and gutter be constructed and the variance be denied. That is also what the Planning and Zoning Commission has recommended. th John House was present presenting a picture of 13 S.W. where he would like to build a rent house. After further discussion, a motion was made by Councilman Bell, seconded by Councilman Weekly, for approval of the ordinance. The motion failed 3 ayes, 4 nays. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the Final Plat of House Addition (City Block 218-), being located in the 1300 Block of W. Austin Street. The motion carried 7 ayes, 0 nays. Mayor Fendley called for discussion of and to provide possible direction to City Staff regarding Sec. XIII, Guarantee of Construction, of the Subdivision Regular City Council Meeting March 4, 2004 Page 8 Ordinance of the City of Paris and its specific application to the property west th of 30 Street N.E., between E. Cherry Street and Pine Mill Road. Mayor Fendley explained that there are some concerns from developers that the city is not applying the same process where they have to have their plans drafted by an engineer, and this particular party put up the money and the plans were drafted by Mr. Nelson and not an engineer. Shawn Napier, City Engineer, came forward reading from the Code of Ordinances, Section XIII, Guarantee of Construction. Mr. Napier explained that what this section does, in this particular case, they were trying to sell the lot to the Radio Station and help the developer to close. The city allowed the developer to put up the money in lieu of constructing the sewer lines at that time, which allowed them to go ahead and file the Final Plat. He thought the deal ended up falling through. Mayor Fendley said the question as to who actually drafts the plans came about from the actual plans. Mr. Napier advised that since that time, they have gone back and taken a closer look and he had misinterpreted part of the State Board rules and as for as the professional board goes, and since that time, he had inquired several different people. He said that one engineer at Hayter Engineering had just gone to a seminar about this same type case and there is an allowance for a project costing less than $8,000.00, but there is a clause in there that says the health, welfare and public safety is not involved. That engineer said this clause more or less takes out that $8,000.00 limit and basically says anything affecting public health, welfare and safety has to be sealed by an engineer. So, this has been cleared up and from here forward the city will only accept plans with an engineer’s seal, and it will not be the City Engineer’s seal. City Attorney Schenk advised that this particular provision requires a surety bond, if they reach that point and the development goes on in lieu of actually building it. The surety bond is to be obtained by the developer. City Attorney Regular City Council Meeting March 4, 2004 Page 9 Schenk said that a few things are a departure from the specific language of the ordinance; if you will recall, when Mr. Ross was here, the city accepted a bond from his contractor in lieu of a bond posted by the developer. This particular bond that is posted is a cash bond, not a surety bond. He said they have interpreted this ordinance from the perspective of allowing both instances to occur. In this instance they thought there was no risk to the city in accepting the cash bond. It is not specifically consistent with the language of the ordinance. He thought developers were having some difficulty in obtaining this type of surety bond. If Council chooses they can look at amending the ordinance to permit a cash bond in lieu of a surety bond. Mayor Fendley said what they are guaranteeing is that the construction of the line meets city approval. The developer is not able to get a surety bond. The contractor can get the surety bond. So he thought the city could only get a cash bond from the developer. Councilman Bell said it is the only thing to insure that the developer or the contractor builds the line. The city does not want to approve the plat allowing permits for buildings and things of that nature and if they are not built the city does not permit anything. City Attorney Schenk said that is the technical interpretation of this ordinance. From the perspective of city staff it is a departure from state law to allow someone to have a final plat before all improvements are installed. The purpose of this clause is to allow the developer who can post security the flexibility to insure that some component of the utilities will be built by the time they are needed. This allows the developer to sell lots off the final plat at the same time. City Manager Malone said another issue that ties in with that is if the developer in the future has posted the money and he decides that he is not going to build the utilities or he leaves and it is time for the utilities to be built. The city has the money and has to build the project and the City Engineer is going to have Regular City Council Meeting March 4, 2004 Page 10 to seal the drawing. It is then a city project built on an easement that has been granted to the City. In this particular instance, the drawing was done by Jim Nelson and all that City Engineer Napier added to it were the standards on the plan sheet. He sealed it because it had then become a city project using the developer’s money. City Attorney Schenk said this is part of the difficulty in this process. He advised that they are not saying that the city needs this process. They are saying there are pitfalls to this process. City Engineer Napier said it becomes more of a hassle to have this process because you have to keep up with all of the information. In this particular case, one-half of the lots had water and sewer, all of the lots had water, and only three lots did not have sewer. Now only one lot does not have sewer. Councilman Bell wanted to know if the city gets to keep the $11,000.00. City Attorney Schenk said, no. He said the way the ordinance is written is that if he installs the necessary utilities, then the bond goes back to him. City Engineer Napier said the city has a cashier’s check, which has been placed in the city’s bank account drawing interest. He assumed that the city only has to give back the portion that the city does not use. The City Engineer said the city would put the taps in and charge him that amount and only credit him back what the city does not use in making the sewer taps. Councilman Bell felt that if there are developers out there, they need to get their own plans drawn and they need to put the utilities in. If the city starts to put those in, the city needs to put them in at cost plus like anyone else would normally do. He said there is no reason for the city installing this. Councilwoman Neeley stated that if the city does what Councilman Bell said originally, then this ordinance would need to be repealed. City Attorney Schenk advised that only that section would need to be repealed. He explained that this section actually covers two issues. The ability to post Regular City Council Meeting March 4, 2004 Page 11 security for uncompleted utilities and the requirements of the developer to guarantee the workmanship of the work. Mayor Fendley said if the city puts the line in, the city is guaranteeing their own work. Councilwoman Neeley asked if the Council needed to take a look at taking that section out that allows the city to do a plat that is not finished. Mayor Fendley stated that the Council needs to take a look at that. He asked the City Attorney bring back to the City Council in April or May a recommendation amending that ordinance with staff and Council input and changes in the security. Mayor Fendley called for the annual report on the status of the racial profiling policy. He advised that the City Council had been furnished a copy of that report. Karl Louis, Police Chief, advised that this is the second year that the city has not received a racial profiling complaint and he is proud of his officers and is thankful to the citizens. He appreciated the cooperative relationship that they share in the city. Mr. Louis told the Council that this is a 46 page document and if anyone has any specific questions about it he would be happy to answer any they have. Mayor Fendley announced that the City Council would go into an executive session at 7:32 P.M., pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive advice of legal counsel pertaining to pending or possible litigation: A.Cause No. 72322, styled Billy C. Brown vs. City of Paris, the Paris Historic Preservation Commission, and Thomas E. Hanes (sic), in th the 6 Judicial District Court of Lamar County, Texas. At 7:44 P.M., Mayor Fendley declared the executive session closed and the regular session open. Regular City Council Meeting March 4, 2004 Page 12 Mayor Fendley entertained a motion to authorize the City Attorney to take appropriate action as he deems necessary regarding said litigation. A motion was made by Councilwoman Neeley, seconded by Councilman Bell, authorizing the City Attorney to take appropriate action as he deems necessary regarding the Cause No. 72322. The motion carried 7 ayes, 0 nays. There being no further business, a motion was made by Councilman Bell, seconded by Councilwoman Neeley, to adjourn the meeting. The motion carried 7 ayes, 0 nays. ____________________________ CURTIS FENDLEY, MAYOR ATTEST: __________________________________ MATTIE CUNNINGHAM, CITY CLERK