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HomeMy WebLinkAbout12 0612 minThe Plainview City Council met on June 12, 2012 at 7:00 p.m. in the City Council Chambers of the Plainview City Hall at 901 Broadway. The agenda for this meeting was posted in City Hall at 1:20 p.m. on June 8, 2012. Mayor Wendell Dunlap presided. Councilmembers present were: Cathy Waggoner- District 2, David Garcia - District 3, V. O. Ortega- District 4, Lionel Garcia - District 6 and Eric Hastey- District 7. Charles Starnes - District 1 and Shane Martinez- District 5 were absent. Staff members present were: Greg Ingham -City Manager, Jeffrey Snyder- Assistant City Manager, Leslie Pearce -City Attorney, Mike Gilliland- Director of Public Works, Will Mull - Police Chief, Rusty Powers -Fire Chief, Sarianne Beversdorf- Director of Finance, Eric Turner -Main Street/CVB Coordinator and Belinda Hinojosa -City Secretary. News Media Present: Jessica Thornton - Plainview Herald Guests Present: Hope Hastey and Mark Hardin Mayor Wendell Dunlap delivered the invocation and led in the pledge of allegiance. Councilmember Waggoner moved to adopt the consent calendar. The motion was duly seconded by Councilmember David Garcia and carried by unanimous vote. Items approved on the consent calendar included the approval of the minutes of May 22, 2012, the granting of excused absences to Councilmembers Charles Starnes & Shane Martinez; approval of Resolution R12 -269, a Resolution of the City Council of the City of Plainview, Texas, Approving the Request of Hale County Dairy Families in Conjunction with Plainview Radio to Host the 2012 Annual Red, White & Moo Parade; Authorizing the Filing of the Agreement for the Temporary Closure of State Right -Of -Way with the Texas Department of Transportation for this Annual Parade; Declaring that the Event Serves a Public Purpose; and Agreeing to Comply with Regulations; approval of Resolution R -12 -270, a Resolution of the City Council of the City of Plainview, Texas, Approving the Request of the Juneteenth Planning Committee to Host the 2012 Juneteenth Parade; Authorizing the Filing of the Agreement for the Temporary Closure of State Right -Of -Way with the Texas Department of Transportation for this Annual Parade; Declaring that the Event Serves a Public Purpose; and Agreeing to Comply with Regulations; and approval of Resolution R12 -271, a Resolution of the City Council of the City of Plainview, Texas, Approving the Request of the Plainview Rodeo Association to Host the 2012 Rodeo Parade; Authorizing the Filing of the Agreement for the Temporary Closure of State Right -Of -Way with the Texas Department of Transportation for this Annual Parade; Declaring that the Event Serves a Public Purpose; and Agreeing to Comply with Regulations. Mr. Jeffrey Snyder, Assistant City Manager presented for consideration on first reading, Ordinance No. 12 -3573, an Ordinance Amending the Zoning Map of the City of Plainview, Texas by Issuance of a Specific Use Permit to Operate an Arcade in the Central Business (CB) Zoning District, Said Parcel Being 314 Broadway of the Original Town Addition, Lot 16, Block 23, City of Plainview, Hale County, Texas; Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective Date. On May 1, 2012, the Planning and Zoning Commission reviewed Zone Case 829, the request of Chris Price for a specific use permit to operate an arcade at 314 Broadway. This is a family arcade with games like Pac -Man and is not an eight liner. All property owners within 200 feet were notified and three responses were received in favor of this business. Arcades are allowed in the CBD City Council Minutes June 12, 2012 Page 1 of 3 109 110 district and must be 300 feet from residentially zoned district, school, church or hospital. This case meets that requirement. The Planning and Zoning Commission recommends approval. Mayor Dunlap asked for public comment. Mark Hardin, 806 S. Austin stated he was present for the landlord, J. W. Hamby. He said Mr. Price has done a wonderful job and they support this business 100 %. Councilmember Ortega moved to approve Ordinance No. 12 -3573 on first reading. The motion was duly seconded by Councilmember Hastey. Councilmember Ortega stated it was good to hear that it was going to be a family atmosphere. Mayor Dunlap asked for a vote on the matter. The motion carried by unanimous vote. Ms. Leslie Pearce, City Attorney presented for consideration Ordinance No. 12 -3574, an Ordinance of the City of Plainview, Texas, Adopting and Enacting a New Code of Ordinances; Providing for the Repeal of Certain Ordinances not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Amendment of Such Code; Providing a Cumulativeness Clause; Providing a Severability Clause; and Providing When Such Code and this Ordinance Shall Become Effective. Basically we were updating our ordinances so that we could get them on our website and make them available to our citizens on our website. The main ordinance was updated. The zoning and subdivision ordinances are excluded because those will be reworked through our comprehensive planning process. The ordinances were codified and made sure they complied with federal, state and Supreme Court decisions. They were also corrected to meet any changes in our organizational structure. Ordinances that were no longer valid were repealed. Some chapters were consolidated and rearranged so that they would be more user friendly for citizens of Plainview. Mayor Dunlap asked for public comment. There was no public comment. Councilmember Waggoner moved to adopt Ordinance No. 12 -3574 on first reading. The motion was duly seconded by Councilmember David Garcia. Councilmember Lionel Garcia asked if the process and penalties changed. He was advised that all was still the same. He also asked how the appeal process worked on Violation of these ordinances. Ms. Pearce stated that it was still the same that they would be handled through municipal court and appealed to the county court. Councilmember Ortega asked about the Director of Community Services position. Mr. Ingham stated the position is in the budget but staff is looking into changing title of that position. Mayor Dunlap asked for a vote on the matter. The motion carried by unanimous vote. Councilmember Ortega moved to go into closed meeting to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, or to hear a complaint or charge against an officer or employee. [Tex. Gov't. Code, Section 551.074]. Appointments to the City Council Minutes June 12, 2012 Page 2 of 3 Comprehensive Planning Advisory Committee. The motion was duly seconded by Councilmember Lionel Garcia and carried by unanimous vote. Mayor Dunlap recessed the meeting at 7:20 p.m. Mayor Dunlap called the meeting back to order at 7:29 p.m. Councilmember Ortega moved to appoint Mike McNutt to the Comprehensive Planning Advisory Committee. The motion was duly seconded by Councilmember Waggoner. There was no public comment. The motion carried by unanimous vote. There being no further business, Mayor Dunlap adjourned the meeting at 7:30 p.m. Belinda Hinojosa City Secretary City Council Minutes glik June 12, 2012 Page 3 of 3 11