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13 City Council (05-06-04) MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL May 6, 2004 The City Council of the City of Paris met in regular session, Thursday, May 6, 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, Benny Plata, and Willie Weekly, Sr. Also, present were Interim City Manager Terry Townsend, City Attorney Larry W. Schenk and City Clerk Mattie Cunningham. Mayor Fendley advised that there was not a quorum at the Planning and Zoning Commission meeting scheduled for May 3, 2004 to discuss and take action on any of items that were on the agenda; so they were going to move to Agenda Item No. 17, a public hearing regarding adoption of an ordinance adopting Article III to Chapter 21 of the Code of Ordinances of the City ofraris entitled "Curfew Ordinance for Children," and then, they would go back to the item that was tabled last month. Mayor Fendley declared the public hearing open and called for those to come forward who wished to speak regarding the ordinance. Karl Louis, Police Chief, came forward asking the City Council to consider extending the Curfew Ordinance. He said that this ordinance has been in effect for six years and this will be the second continuance. Chief Louis said they felt it has had a dramatic impact in decreasing juvenile crime and it is also an anti- gang ordinance for our city. He advised that in the last three years they have issued over 100 violation notices and made two arrests and they would like to see it continued. The last time Council looked at this they had over 300 violations; as you can see, it has gone from 300 to 100 violations making a significant impact. Chief Louis said he had not had any negative comments and it is a good thing for the children and it is a good tool for law enforcement. I Ie said on behalf of the Police Department he was asking the Council to consider renewing the Curfew Ordinance for another three years. No one else appeared, and the public hearing was declared closed. Regular City Coullcil :--1L'e!lllg May (¡, 2004 Page 2 Mayor Fendley announced that the City 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-a 1) on Lot 3, City Block 328, being located in the 3800 Block of Loop 286 S.W. Mayor Fendley said he would entertain a motion to excuse Councilman Bell from this item. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Plata, to excuse Councilman Bell. The motion carried 6 ayes, 0 nays, and Councilman Bell departed the council chambers. ^ motion was made by Mayor Pro Tem McCarthy to bring Agenda Item No.3 from the table. The motion was seconded by Councilman Guest and carried 6 ayes, 0 nays. 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-a 1) on Lot 3, City Block 328, being located in the 3800 Block of Loop 286 S.W., and called for proponents to appear. Maritta Oglesby, came forward stating that she was the owner of the property on Loop 286. She said there is no doubt that all of them have an emotion whether or not this development is a go or not go. As the owner of the raw land, obviously she desires to sell it. The adjaeent homeowners are concerned about anything that could affect their homes and Cindy Gates wants to put a business on this property. She said the Realtors@ are in the position to make commissions. There are some f~lcts, not emotions, that they can't forget; however, you as a City Council have an obligation and responsibility to 25,000 people, not four. There are not but four homes within the 200 feet radius. A piece of property on a state highway next to the Department of Transportation will not likely be developed residential. Ms. Oglesby said neither the city nor you as individuals or these four homeowners have contacted her about writing Regular City ('oullcilMeetlllg May (¡, 2004 Page -' a contract on her property so it will remain undeveloped. After an owner comes to a city several times, which she has, the repetitive denial becomes an inverse condemnation. It is against the law to prohibit an owner from being able to develop their land. Ms. Oglesby reminded the City Council that the city's master plan labeled her property as Planned Development and now she can't even get what you all, as a City Council, or some members of this City Council approved as some firm date. Ms. Oglesby stated that these continued denials are affecting her financially enough that she is now looking at every single option that she has. She said that is not what she would like to do, but she has no choice. Ms. Oglesby said that Cindy Gates' business development is a win-win for everyone including these homeowners. The win-win here is a single mom and her family wanting to develop a family owned and operated business. Whether she has trucks or not, she will have family food, a country store with arts and crafts, a convenience item, playgrounds and picnic areas. Ms. Gates' proven track record shows she runs a clean operation and does not allow for anything criminal to get started in a business. Ms. Oglesby advised that she has the crime stats to prove it in her hand, and these crime stats for the full a year that she ran the truck stop on N. Main Street. There were no murders, no prostitution, no violent crimes and there were no drugs. She advised that most of her calls for service was drive ofts. Journeys End would be creating jobs for approximately twenty -two local people. It would be increasing the city's tax base and it would be taking another step to the development of growth of Paris. The area homeowners would have a business owner that has not only listened to their concerns, but she has planned for them. Ms. Gates cares about them and she has more to lose than any single person sitting in this room. Ms. Oglesby said Ms. Gates has her future, her children's future, her reputation and her word; everything that she has will be on the line for her success. Ms. Oglesby stated that she knew that these homeowners will never get another business that will care about their concerns as much as she has and does. The positive that this delay has created has been the opportunity to get to know Ms. Gates. She is a very bright, sharp businesswoman who understands hard work. She is very I~lmily oriented, she worries about the welfare of her own children. Ms. Gates Regular City ('oulleilMcetlllg May (" 2004 Page 4 is a single mom with two very young children and she does live by, is it the right thing to do. Ms. Oglesby urged the City Council tonight to look at thebcts and stand up for their city and its growth. Mayor Fendley reminded those in the audience that the City Council heard testimony for and against both sides and it is in the minutes and they did not have to come forward tonight and do that again and they are certainly welcome to; but the city does have those recorded and it will be in the minutes as to who spoke at the last meeting. Gene McWaters, 415 39th S.W., came forward stating that he developed quite a bit of the property out there and he thought it would be good for the area. He said it would be a win-win proposition, and it would be good for West Paris and he hoped that the City Council would take the whole of West Paris into consideration. Farris Bostic, President of Ike Transportation based in Lamar County, came fÒrward telling the Council that Cindy approached them some time ago about their attitude regarding this. He said he told her that he supported this. The reason is he looks at it a little different than some people do. He said he has been in the transportation business for years. He advised that they operate a large fleet located in three locations. He said he has been in Lamar County for 12 years and he has seen the traffic on the north loop increase considerably since he came here 12 years ago. Mr. Bostic said he was looking at this as a safety tllCtor by routing the trucks to that side of the loop that ties in with US 271, which is a major traffic hub along with US 82. Mr. Bostic said from Ok lahoma City to I Iouston trucks are going to come through Lamar County to Paris and this could be capital ized on that. This is a safety issue as well, being less traffic on the north loop and at 8:00 A.M. and at lunch time and at 5:00 P.M. it is a pretty crowded area. With it being a 24 hour facility you will be able to eat breakbst there, which is something that we do not have now on this side of town. I Ie said the truck stop would increase property values along with the increase in sales taxes and property tax. Mr. Bostic encouraged the City Counci 1 to pass this Regular City ('oulleilMectillg May (), 2004 Page 5 rezonmg. Cindy Gates, CR 33500, House 30, Sumner, Texas, appeared before the City Council stating that she is trying to change zoning on land at 3800 S.W. Loop 286. She said they have been discussing the pros and cons of her proposed travel center complete with restaurant, picnic area, playground, country store, showers, washer and dryers and accessories. Ms. Gates said that she has agreed to do any and all things needed to appease concerns in this area. She said that her plans were to have eight cameras inside and eight cameras outside purely for mischief prevention and to keep down her chances of being sued. Ms. Gates told the Council that she agreed to work with her outside light placement to prevent any unnecessary difficulties. She advised that she was not cutting but just a handful of trees. The balance of the trees will act as a sound barrier and she also offered to put up an 8 to 10 foot privacy fence around the property. Ms. Gates said out of the 37.8 acres there, she would only be using about 15 acres. She advised that this would put even more distance between the travel site and the Parc Quest residents. Ms. Gates stated that she has done what she can to be accommodating to the concerns of West Paris. She said it was up to the City Council to do what is best for the whole community and what the best use of the land. Ms. Gates stated that she knew that Paris could use the taxes that she will be paying just in property taxes alone, which will be $42,000.00 a year verses $1,000.00 that is being paid on now. She advised that she has learned that the PISD is in need of the taxes. Ms. Gates informed the Council that she has had a chance to build her travel center in Fannin County, but she has lived in Lamar County all of her life and her children goes to school here. She stated that she did not want to relocate and wanted to help her community and family. So, in this, she asked the City Council to do what is best for the whole community. Mayor Fendley ask if there was anyone who wished to speak in opposition of this item. Delora Redus, 320 34th S.W., which joins Parc Quest, stated that she has lived in West Paris over fifty years. That was before we had economic development Regular City ('oullcil Mcet illg May (" 2004 Page (, and low income depressed areas out there, which has been added since then. Ms. Redus said that she likes living in West Paris and thought it was a good place to live. Ms Redus gave the City Council Members handouts. Ms. Redus stated that she worked 36 and one-half years to get what she has got. She said she and her husband bought four acres and in two summers, they cleared the land, and she understands that someone that wants ajob and she understands a better Paris, but she did not think that this is a better way to better west Paris. Ms. Redus did not want someone to have a job at her expense. She felt that this is going to lower the property value that she has, and something that you have here is what the handout from the Dallas Morning News describes they are fighting on pollution. Ms. Redus said they were fighting right now on pollution over there and it said that some of the Dallas residents complain about the noise, exhaust, idle vehicles, trucks near their homes, and they are looking at ways to control idling because of air quality and noise impact on residential areas. She stated that when the big rigs idle for a long period of time they put off a tremendous amount of the ozone. Ms. Redus stated that this was harmful to the elderly people with lung problems and she did not think they needed to bring another problem to Paris. If you have a truck stop it should be out on the highway, out in the open, not in a residential area. Ms. Redus said they have not been against the bank coming to West Paris, the Dollar Store, or True Value. She advised that they need a supermarket bad in this area, and they would not be up here lighting the Counci 1 if one tries to come in. They want something that wi II not cause pollution and crime that goes on out there. Ms. Redus said as iar as the taxes that would come from this, if you count 40 lots in Parc Quest, and it is her understanding, she was guessing, $100.00 a year on those $120,000.00 homes and it will be as much taxes as you would be getting from the truck stop. If this happens, she said nobody is going to want to buy those lots out there. Shc stated that she has one tì-iend that lives in Park Quest that paid $120,000.00 for her homc and this truck stop is going to be in her back yard, she is going to have to listen to trucks idling, the pollution, the cattle trucks pulling in out there, the fl ies, and this lady cannot prohibit all of that. Ms. Redus said that is the reason that she is against the truck stop and would appreciate the City Council voting against it. Regular City ('olillcil :V1l'ctlllg May (¡, 2004 Page 7 Stan Thurman, 3945 Sage Trail, appeared stating that he was opposed to this rezoning. He said he made a statement to the Council about a slow pul1out and fast impact and it actually happened. He explained that a sand truck came over the hill by Kimberly-Clark on the corner of 19th and Loop 286. The sand truck was heading towards 271 and a flat bed was coming from Kimberly-Clark and it took his whole nose off. It could have kil1ed two drivers, but it put one in the hospital. It actually happened what he said would happen. Mr. Thurman said a slow move out and loaded truck and it is over. He said if that had been a school bus, lord help us, 42 children. Debbie Burks, 3935 Sage Trail, came forward telling the Council that she has worked hard for her home, and she knew that we talked about going through the ballot period as a retirement center. I fthe Council does not have respect for the homeowners and residents, they are not going to want to come here to retire. Ms. Burks said this is not the only spot for a truck stop. If she wants a truck stop, there are other places. Ms. Burks said just move away from the residential areas. She said they built, they bought and paid. She urged the City Council to respect that because without citizens, if you only have businesses, what is your city without the people. Again Ms. Burks asked the City Council to respect their req uest. Rick I Iawthorne, 121 Rue Calle Drive, appeared before the City Council stating that he was against this zoning change. He said he would like to see who the neighbors are that live in the area that are in favor of this. He said he has not really seen any. Mr. Hawthorne said if the City of Paris majority of the population wanted to vote on this as it has been stated here, we could al1 move to Dal1as if that is really what we want. This is a nice little town and it is a pleasant place to live and he did not want it to grow too much, but a few things would be nice. Mr. Hawthorne stated that it has been brought up that this is really not a truck stop. He said it is a truck stop if trucks stop there. He felt that i I' the Counci 1 spoke to the residents who live in the area and not sell diesel, there would not be a problem, so that is the problem, because there are going to be trucks there. He said the last thing that he would like the City Council to Regular City Colillcil Î\1L'et IIlg May (¡, 2004 Page S consider is in the best case scenario, we are going to have some level of light poll ution, sound pollution because of the truck that are idling. You are going to have some level of crime. This is evident because of the increased police patrol in the area, which Ms. Gates has already said is going to happen. Mr. Hawthorne stated that there is going to be some level of traffic safety issues. lie asked, "how would you feel if you passed this and something happened out there at the truck stop?" He asked the City Council to consider that. He asked how are you going to feel if something does happen and there is a loss of I ife because of having more truck traffic in there. No one else appeared, and the public hearing was declared closed. Mayor Fendley announced that they would move to Agenda Item No.4, and this item was tabled and a motion to bring it from the table would be in order. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Guest, to bring Agenda Item No.4 from the table. The motion carried 6 ayes, 0 nays. City Attorney Schenk pointed out that this proposition was subject to a three- quarter rule petition and subject to a denial by the Planning and Zoning Commission, so it will take five ÜlVorable votes to approve the rezoning. Councilman Guest asked City Attorney Schenk about the consequences to the City for the Council to go against the City's Master Plan and specifying Planned Development. City Attorney Schenk advised that he brought a resource tonight and he wanted to refer to that specifically. He said it was titled Texw')' Municipal Zoning Lm\' and he read it as follows: "The comprehensive plan can be defined as a long range plan intended to direct the growth of the physical development of the community." City Attorney Schenk said the essence of that meant how the proposed zoning compares to the zoning in the plan should be given its due Regular City ('OllI1C¡J I\1cCtlll" May (" 2004 Page <) weight and should be considered carefully by the City Council in its deliberations. It does not mandate that you cannot depart from the plan to make the decision with regard to approving or not approving a change in zoning. If that were the case, then there would be no purpose in having public hearings and to consider this matter as the City Council is doing other than having those public hearings associated with approving the comprehensive plan. He thought the f~lct that this proposed zoning is consistent with this last proposal and is consistent with the comprehensive plan should be given consideration and weight by the City Council. But, it does not necessarily preclude or foreclose the decision process regarding the City Council one way or the other. Councilman Guest said that for some of the Council Members that were here about a year ago, he personally had an experience with some property that he owned that was across the street tì-om Planned Development and the Planning and Zoning Commission denied that request for Planned Development even though it was a Planned Development area. Councilman Guest said that four of the Council Members voted to override Planning and Zoning under the premise that you support the City's Master Plan. No ill will harbored, but he asked someone to explain to him the difference. He stated the City either has a Master Plan and they support it, or they do not support it and should redo it. It is either black or white to him. The time to protest is when the Master Plan is presented as he sees it. Councilman Guest said, in his case, it was across the street lì'om his property and home and it was storage, boat storage, warehouse and I ights and removing trees that of leI' cd a buffer between his home and their's and all that went with it. Councilwoman Neeley said in a partial answer to that, she went back to the curb and gutter things and they even went to the extent of changing ordinances because a lady wanted to build her house and if the Council went by it, it did not make sense and if they went by it. So, they went to a lot of trouble to change the steps that the City goes through and said you did not have to. Then a man came before the Council asking to build houses in a neighborhood where there was no curb and gutter and the Council said no to that. She did not think that a vote Regular City ('oullcill\ketln" May (¡, 2004 Page 10 today necessarily has to say, from then on, you have to vote that way and you look at each circumstance and try to evaluate where you are. Councilwoman Neeley said that she went back to what Mr. Schenk said, if we are going to say this is the master plan and we are going by it forget Planning and Zoning and forget all of those ordinances, and say this is the master plan, go do what you want to do on it. Councilman Plata said that he still thinks if they put up a privacy fence to protect the neighborhood because there were already in that area. Councilman Guest advised that the fence in his area did not get constructed. It got to be a four foot chainlink fence. Councilman Plata said to him that would be a good way to protect the neighborhood by using the privacy fence. Counci lman Weekly said that there are a lot of elderly citizens in this area along with a lot of young kids, and a truck stop would be not be good for that area. A motion was made by Councilman Guest to approve the ordinance establishing a Planned Development District, Commercial Center on Lot 3, City Block 328 as requested by Cindy Gates. The motion was seconded by Mayor Pro Tem McCarthy and failed with 4 ayes, 2 nay, Councilman Weekly and Councilwoman Neeley voting no. Mayor Fendley announced that the Monday night meeting will be at Love Civic Center due to maintenance in this building. There being no further business, the meeting was adjourned. CURTIS FENDLEY, MAYOR Regular C'Jty ('oullcil Mcetlllg May (), 2004 Page I ATTEST: MATTIE CUNNINGHAM, CITY CLERK