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07 City Council (04-08-04) MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL April 8, 2004 The City Council of the City of Paris met in regular session, Monday, April 8, 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 initially present: Jim Bell, Francine Neeley and Willie Weekly, Sr. Councilman Joe McCarthy later joined the meeting as indicated. Also, present were Interim City Manager Terry Townsend, City Attorney Larry W. Schenk and City Clerk Mattie Cunningham. Mayor Fendley advised the City Council that they had been furnished the minutes and report from the Planning and Zoning Commission. Mayor Fendley announced that the Council would consider Agenda Item No. 5, consideration of and action on the Amended Master Plat for Stone Ridge Subdivision. A motion was made by Councilman Weekly, seconded by Councilwoman Neeley, to deny the Amended Master Plat for Stone Ridge Subdivision. The motion carried 4 ayes, 0 nays. Mayor Fendley called for consideration of and action on the Preliminary Plat for Lots 4A, 4B, and 9A, City Block 287, located in the 500 Block Loop 286 S. E. A motion was made by Councilman Bell, seconded by Councilman Weekly, for approval of the Preliminary Plat of Lots 4A, 4B and 9A, City Block 287 subject to the requirements of the City Engineer. The motion carried 4 ayes, 0 nays. Mayor Fendley advised that the Council would move to Agenda Item No. 3, Public Hearing to consider the petition of Cindy Gates for a change in zoning from an Agricultural District (A) to a Planned Development District - Commercial Center (PD-a1) on Lot 3, City Block 328, located in the 3800 Block of S.W. Loop 286. Councilman Bell requested that he be excused from this item due to a conflict of interest and he asked to be excused from the Council Meeting due to Regular City Council Meeting April 8, 2004 Page 2 another commitment. A motion was made by Councilwoman Neeley, seconded by Councilman Weekly, to excuse Councilman Bell from the Council meeting. The motion carried 4 ayes, 0 nay, and Councilman Bell departed the council chamber. Mayor Pro Tem McCarthy entered the Council Chambers and assumed his seat at the council table at 6:04 P.M. Mayor Fendley declared the Public Hearing open on the petition of Cindy Gates for a change in zoning from an Agricultural District (A) to a Planned Development District - Commercial Center (PD-a1) on Lot 3, City Block 328, located in the 3800 Block of S.W. Loop 286. Mayor Fendley called for proponents to appear and Cindy Gates, CR 3350, House 30, Sumner, Texas, came forward in support of her rezoning petition. Ms. Gates presented a layout of the proposed travel lodge. Ms. Gates advised that the truck stop would be a family business to make a living for her family. She said it 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. She said there would be a security system in place to make sure that nothing happens. Ms. Gates pointed out that the City of Paris’s Master Plan called for this type zoning and she could not understand why she could not have the chance to do something with this property. Ms. Gates said that most of the people that would frequent the truck stop here work for local companies. She told the council that she had worked five years trying to keep her reputation clean working in a business like that because the regulars and slanderers are there, but she kept her name clean and people respect her. She wanted to run a good business and would like to be respected in the business world. Ms. Gates said she plans to have a full restaurant located there also and wanted to cater to the people that work at Kimberly Clark. She said it was not just a truck stop; it is going to be a travel center. st Bloyes Enloe, 735 41 S.W., was present and told the Council that his property Regular City Council Meeting April 8, 2004 Page 3 st goes from 41 S.W. all the way to the Loop which is directly across from this property. Mr. Enloe advised that some people talked about how slow the trucks would be turning into the truck stop, but there could be a signal light put in. He pointed out that at the end of Collegiate Street there is a Texaco Station and it has a place where you can park your cars when you drive in and it holds up traffic. If they can have a light on Collegiate, surely, they could get a light at Old Bonham Road to help the traffic flow. Mr. Enloe said some people talk about property value and in the last six months there were six lots sold for foreclosure in the Parc Quest Addition for less than $3,000.00. He advised that these lots have curb and gutter and concrete gutter and underground utilities. That shows what is going on with the value in this area. Mr. Enloe said the day after the P&Z meeting, he walked his fence line and there are nine houses built on his fence line. He told the Council that seven out of nine houses have leaves brush, trash, and fencing material thrown over into his property. This area could be kept clean with the help of the City of Paris. He also pointed out that the City of Paris paid to have a Master Plan done as to how this land should be used and Ms. Gates is wanting to zone what the Master Plan calls for. Mayor Fendley called for opponents to appear and Rick Hawthorne came forward stating that he lives in Parc Quest and as far as the lots being sold in Parc Quest, there was a person who actually purchased those as a development in order to build homes. It was an investment for this person and it is being developed right now. Mr. Hawthorne stated that he was against this rezoning request. Even though Ms. Gates wants to keep it safe, there are elements that can happen that she is not going to have any control over such as crime. He said the main issue is the safety of the neighborhood along with the noise, which is going to go on 24/7. Pat Early, 4035 Old Bonham Street, came forward stating that she lives two blocks west of Ms. Gates’ proposed truck parking area. She advised that at the last meeting of the Planning and Zoning Commission Ms. Gates was asked how many trucks she had planned for. Ms. Gates stated that she planned for 80 Regular City Council Meeting April 8, 2004 Page 4 with 60 to stay the night. Ms. Early informed the Council that trucks do not stop running at night. Their engines run all night. Ms. Early said they could hear noise from the Loop and she felt that being two blocks away from a truck stop, she would be able to hear those trucks. Ms. Early commented on the statement by Mr. Enloe regarding Collegiate Drive that was also on a four-lane highway with a speed limit of 55, which makes a big difference. She also pointed out that where this truck stop would be located is only a two-lane highway and the speed limit is 60 miles per hour. th Billy Dickens, 745 42 S.W., appeared before City Council and voiced his opposition to the zoning change. Mr. Dickens said he felt there would be a problem with the noise from the truck stop. Standford Thurman, appeared before the Council stating that he is a retired truck driver of 30 years. He informed the Council that he has done research on the median where Ms. Gates is planning to place her truck stop and it is 36 feet wide. Mr. Thurman said they were allowed to have 70 feet of truck at the median. With a truck trying to make that turn, it is going to be dangerous and there will also be a noise factor. Michael Roberts, 3825 Sage Trail Drive, appeared before the council presenting a letter from Linda Butcher objecting to the truck stop. Mr. Roberts said some of the concerns that he shares with his neighbors are traffic problems, security problems, and pollution problems. Mr. Roberts said he was speaking from a job history that includes operating nationwide as a truck driver in the past. He said that safe truck stops are hard to find. He said that many truck drivers look for trusted names such as Petro, Flying J, Truck Stops of America, Union 76, and Loves. Mr. Roberts stated that many truck drivers avoid truck stops that do not carry corporate sponsorship because it is those locations which draw a different type of driver. He said that friends and neighbors are just trying to avoid any type of unsavory element. Mr. Roberts said that the Planning and Zoning Commission, as well as some Council Members, have admonished residents of their neighborhood that they live on Regular City Council Meeting April 8, 2004 Page 5 the loop, and therefore, must be prepared for development of a commercial nature. Mr. Roberts said most of the people in this neighborhood would like to see development that they can make use of. They would welcome retail shopping, a grocery store or anything that would benefit them. He said that development of this nature normally occurs in east Paris. Debbie Burks, 3935 Sage Trail, came forwarding voicing her objection to the requested rezoning change. Ms. Burks said she has worked hard to get what she has and she did not want her property value to go down. She said they welcome businesses that are appropriate for neighborhoods. Respected businesses that will enhance their neighborhood, or at the very lease, be neutral. Carol Miller, 216 Parc Quest, was present stating that they enjoy their home and the surroundings. Ms. Miller said she could not imagine living 24 hours a day next to the noise and air pollution of a truck stop. Ms. Miller stated that Ms. Gates thinks that she can control the elements that go with a truck stop and no one can be that positive. Ms. Miller urged the City Council to not grant this proposed rezoning petition. 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 voiced her objections to the rezoning of this property for a truck stop. th Archie Hood, 765 S. 5 Street, Honey Grove, with the First State Bank of Honey Grove, came forward stating that he is currently the majority owner of lots in Parc Quest. He said this subdivision is just now taking off. Mr. Hood said he drove around the loop and saw more properties that would not have a devaluing effect on residential areas. He stated his objection to the zoning change. Chris Whitaker, 2415 Wildwood Lane, home builder and licensed Realtor® in Regular City Council Meeting April 8, 2004 Page 6 Paris for eleven years, appeared before the City Council in opposition to the zoning change. He advised that he and Archie Hood have been in a partnership position with the bank in Honey Grove trying to stimulate home buying in the Parc Quest Subdivision. There were certain stigmas attached to the subdivision to start with because of the restrictive nature at the outset and the purpose that was trying to be achieved in Parc Quest. Mr. Whitaker stated that in his opinion the property value in Parc Quest would drop if a truck stop was allowed to be built in this neighborhood. No one else appeared, and the public hearing was declared closed. 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 Planned Development District - Commercial Center on Lot 3, City Block 328, on property contracted to Cindy Gates, so as to include therein territory formerly designated as an Agricultural District (A); designating the boundaries of the Planned Development District - Commercial Center, was presented. City Attorney Schenk explained that the City has received a certified petition in opposition to the rezoning and the Planning and Zoning Commission made a recommendation of denial for the rezoning. He said what that means is that the three quarter rule would be invoked and applied. City Attorney Schenk said there is one disqualification by Councilman Bell and that means that the number of votes necessary to overrule the recommendation of the Planning and Zoning Commission to deny the rezoning would require five of the six possible votes voting in favor of the rezoning. He advised that there were four Council Members in attendance this evening. The action would be to vote to deny as recommended by the Planning and Zoning Commission, which Council can take tonight, or vote, which would be by majority of the present Council Members in attendance, to table the matter to be considered at the May meeting. Regular City Council Meeting April 8, 2004 Page 7 After discussion, a motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Weekly, to table action on the ordinance until the May 6, 2004, meeting. The motion carried 4 ayes, 0 nays. The following petitions for rezoning were presented by City Attorney Schenk: Ronnie Aubrey, Lot 21, City Block 323, from Agricultural District to Single Family Three (SF-3) District with Specific Use Permit (39) Mobile Homes; Don Wilson, Lots 2 - 2A, Lots 266 from Single Family Two District to Commercial District. Mayor Fendley referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting scheduled for May 6, 2004, and before the City Council May 9, 2004. There being no further business, a motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Weekly, to adjourn the meeting. The motion carried 4 ayes, 0 nays. ____________________________ CURTIS FENDLEY, MAYOR ATTEST: __________________________________ MATTIE CUNNINGHAM, CITY CLERK