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Home My WebLink About03 1231 min240 The Plainview City Council met on December 23, 2003 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 10:00 a.m. on December 17, 2003 and the addendum to the agenda was posted in City Hall 'at 3:00 p.m. on December 18, 2003. Mayor John C. Anderson presided. Councilmembers present were: Kelvin Tipton-District 1, Mary Jane Shanes-District 2, Belinda Pena-District 3, John N. Bertsch-District 4, Ross Owen- District 5, Buddy McGehee-District 6 and Irene Favila-District 7. Staff members present were: Wally Hatch-Interim City Manager/City Attorney, John Castro-Director of Community Services, John Berry-Director of Public Works, Dale Simpson-Director of Civil Service, Will Mull-Police Chief, Del Essary-Landfill Superintendent, Brice Clements-Engineer/Director of Public Works, Jack Keller-Budget Manager and Belinda Hinojosa-City Secretary. Guests present were: Dwain Dodson, Richard Gaitan, Norbert C. Bulbils, Barbara Browning, Jeane Browning, Rollie Hyde, Charles Bechtold and Lee Browning News Media Representative: Richard Orr-Plainview Daily Herald Rev. Jeri Hyde with The Unity Church delivered the invocation. Alan Rivera with Cub Scout Pack 206 led in the Pledge of Allegiance. Mayor Anderson presented a Proclamation and a plaque to Wally Hatch in appreciation for serving as Interim City Manager. Councilmember Shanes moved to adopt the consent calendar. The motion was duly seconded by Councilmember Tipton and carried by unanimous vote. Items approved on the Consent Calendar included: approval of minutes of December 9, 2003 and December 18, 2003; receipt of departmental reports; and approval of expenditures. The Council approved awarding of the bids for a Track-Type Dozer for the landfill department to Warren Cat of Lubbock, Texas with a bid of $160,770. The other two bids received were from Continental Equipment of Amarillo - $t51,650 and Yellowhouse Machinery, Lubbock - $162,549. Although Continental Equipment of Amarillo was the lowest bidder, after test driving all three of them, staff felt that the Komatsu of Continental Equipment did not have any pulling power. Mayor Anderson presented for second reading Ordinance No. 03-3407, an Ordinance of the City of Plainview, Texas, Amending Section 7-201 of the Code of Ordinances to Prohibiting Without a License Street or HighWay Solicitation, or Attempt to Solicit, Employment, Business or Contributions from the Occupant of any Vehicle. Since this was the second of two readings, staff chose to forego staff briefing and went straight to public comment. There was no public comment. Councilmember Irene Favila moved to adopt Ordinance No. 03-3407 upon second reading. The motion was duly seconded by Councilmember Owen and carried by unanimous vote. Wally Hatch, Interim City Manager stated it is his recommendation that the City re-execute the Contract with TDCJ for the firing range. A Contract was previously signed in February of 2003, but because of budget constraints TDCJ was unable to come up with City of Plainview Minutes December 23, 2003 Page 1 of 4 the funds for their Part of the construction. The Council chose to put the matter on hold at its July 17, 2003 meeting. TDCJ is now able to come up with their portion of the costs for construction of the firing range. It is staff's recommendation that the City sign the Contract with TDCJ with the same terms as before. There was no public comment. Councilmember Owen moved to execute the Contract with the Texas Department of Criminal Justice. The motion was duly seconded by Mayor Anderson and carried by unanimous vote. John Castro, Director of Community Services presented for first reading, O~dinance No. 03-3409, an Ordinance Amending the Zoning Map of the City of Plainview By Issuance of a Specific Use Permit to Operate a Personal Care Home and to use ap Existing Structure as Caretakers Quarters, in a Single Family Residential (R-l) Zoning District Said Parcel Being Block 2, Lots 1-2, Bell Addition Same Being 315 Yonkers Street, Plainview, Hale County, Texas; Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective Date. Mr. Richard Gaitan has applied for a specific use permit to operate a personal care home in a single-family residential zoning district. Five responses were received with 3 favorable, 1 questionable and 1 negative. The only concern the Planning and Zoning Commission had was over the parking. Mayor Anderson asked for public comment. Richard Gaitan of 315 Yonkers thanked the Council and Mayor for their consideration of this matter. He stated the parking problem has been corrected. He will put in parking spaces for two to three vehicles. CounCilmember John Bertsch moved that Ordinance No. 03-3409 be adopted without any additional ~tipulations. The motion was duly seconded by Councilmember Favila and carried by unanimous vote. John Castro, DireCtor of Community Services presented for:first reading Ordinance No. 03-3410, an Ordinance Amending the Zoning Map of the City of Plainview, Texas For Rezoning From Multi-Family 2 (Mr-2) Zoning District to Commercial Retail (C-2) Zoning District Said Parcel Being Block 84 E/2 of E/2 EX 20x175.25 out of the SW/Pt, College Hill Addition, Same Being 715 Amarillo, City of Plainview, Hale County, Texas, Cumulativeness Clause; ConfliCts Clause; Severability Clause; and Effective Date. Rick Love of the South Plains Health Provider Organization has requested rezoning of this lot to expand the main entrance to the east. This is in line with the comprehensive plan. Two responses were received in favor of the rezoning and one response was received against the rezoning because the individual was concerned with the visibility at the corner, Mayor Anderson asked for public comment. Charles Bechtold of 804 Borger stated his concern was that he couldn't see traffic approaching from the West. Staff is to look into this problem. 241 City of Plainview Minutes December 23, 2003 Page 2 of 4 242 Councilmember Shanes moved to adopt Ordinance No. 03-3410 upon first reading. The motion was duly seconded by Councilmember Pena and carried by unanimous vote. Mr. Castro presented upon first reading, Ordinance No. 03-3411, an Ordinance Amending the Zoning Map of the City of Plainview, Texas For Rezoning From Single Family (R-2) Zoning District to a Multi-Family (MF-2) Zoning District (12.06 Acres) and the NE Corner of Said Tract to Commercial Retail (C-2) Zoning District (350 'X 288.94', 2.23 Acres) Said Tract Being the NE Part of the John Kiser Homestead Same Being in the Vicinity South of 24th Street and West of Date Street, City of Plainview, Hale County, Texas, Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective Date. J.B. Roberts has made a request for rezoning the Southwest of the Intersection of 24th Street & Date Street from a Single Family (R-2) Zoning District to a Multi-Family 2 (MF-2) Zoning District Commercial Retail (C-2) for future development. Two responses were received, one in favor and one against. Happy Union Baptist Church was against the rezoning. They have talked to Mr. Roberts about their concerns. The Planning and Zoning COmmission recommends approval. Wally Hatch reminded the Council that they would be voting on just the zoning change request which is in compliance with the comprehensive plan. Mayor Anderson asked for public comment. Dwain Dodson of 1108 Zephyr, Lee Browning of 1211 Wayland, Jeane Browning of 708 Lexington, and Norbert Bublis all expressed their concern with the proposed development of housing. Councilmember Owen called for the question. The motion was duly seconded by Councilmember Favila. Mayor Anderson, Councilmembers Shanes, Pena, Bertsch, Owen, McGehee and Favila voted "for" the motion. Councilmember Tipton voted against the motion. The motion carried. Mayor Anderson, Councilmembers Shanes, Pena, Bertsch, Owen, McGehee and Favila voted for approval upon first reading of Ordinance No. 03-3411. Councilmember Tipton voted against the motion. The motion carried. Wally Hatch presented upon first reading Ordinance No. 03-3406, an Ordinance of the City of Plainview, Texas Amending Chapter Four, "Ambulances" of the Code of Ordinances of the City of Plainview, Texas, Severability Clause; Cumulative Clause; Conflicts Clause; And Effective Date. Mr. Hatch stated the proposed rate change would not affect the city rate and staff recommends that request be granted. There was no public comment. Councilmember Favila moved to adopt Ordinance No. 03-3406 upon first reading. The motion was duly seconded by Councilmember McGehee and carried by unanimous vote. City of Plainview Minutes December 23, 2003 Page 3 of 4 There being no further business, Mayor Anderson adjourned the meeting at 7:52 p.m. Belinda Hinojosa ~ City Secretary 243 City of Plainview Minutes December 23, 2003 Page 4 of 4