HomeMy WebLinkAbout04 0113 minThe Plainview City Council met on January 13, 2004 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 11:30 a.m. on January 7, 2004. Mayor John C. Anderson
presided. Councilmembers present were: Mary Jane Shanes-District 2, John N.
Bertsch-District 4, Ross Owen-District 5, Buddy McGehee-District 6 and Irene Favila-
District 7. Councilmembers absent were Kelvin Tipton-District 1 and Belinda Pena-
District 3.
Staff members present were: Greg Ingham-City Manager, Wally Hatch-City Attorney,
John Castro-Director of Community Services, John Berry-Director of Public Works, Dale
Simpson-Director of Civil Service, Will Mull-Police Chief, Gary Glass-Fire Chief, Phyllis
Wall-Literacy Coordinator and Belinda Hinojosa-City Secretary.
Guests present were:
Wayne Lemons and L. C. Owens
News Media Representative: Richard Orr-Plainview Daily Herald
Dr. Max Browning with First United Methodist Church delivered the invocation.
Councilmember John N. Bertsch led in the Pledge of Allegiance.
Councilmember McGehee moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Shanes and carried by unanimous vote. Items approved
on the Consent Calendar included: approval of minutes of December 23, 2003,
January 5, 2004 and January 8, 2004; receipt of departmental reports; and approval of
expenditures. The Council approved the reappointment of Michael Black, Phyllis
Wall, Kemp Hinch and Joe Solis to the Community Relations Commission with said
terms to expire January 1, 2007. The Council approved upon second 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.
Mayor Anderson presented for second reading, Ordinance 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 an 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. Since
this was the second of two readings, the Council chose to forego the staff briefing and go
directly to public comment. There was no public comment.
Councilmember Bertsch moved that Ordinance No. 03-3409 be passed upon second
reading. The motion was duly seconded by Councilmember Owen and carried by
unanimous vote.
Mayor Anderson presented for second reading Ordinance No. 03-3410, an Ordinance
Amending the Zoning Map of the City of Plainview, Texas For Rezoning From Multi-
Family 2 (MF-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. Since this was the second of
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January13,2004
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two readings, the Council chose to forego the staff briefing and go directly to public
comment. There was no public comment.
Councilmember Shanes moved to adopt Ordinance No. 03-3410 upon second reading.
The motion was duly seconded by Councilmember Owen and carried by unanimous vote.
Mayor Anderson presented for second 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. Since this was the second of two readings, the Council chose to forego
the staff briefing and go directly to public comment. There was no public comment.
Councilmember Favila moved to adopt Ordinance No. 03-3411 upon second reading.
The motion was duly seconded by Councilmember McGehee.
Councilmember Owen stated the minutes should reflect that this is not City government
subsidizing or putting anything into effect for any kind of housing this is strictly for a
zone change request.
The motion carried unanimously.
Mayor Anderson stated Resolution R04-128, a Resolution of the City of Plainview
Denying Rate Relief Requested by Atmos Energy Effective January 14, 2004 Unless
Atmos Extends its Effective Date for New Gas Rates in which Case the Effective Date
of the Resolution will Match the Extension Announced by Atmos unless Superceded by
Passage of a Rate Ordinance; Calling for Prompt Payment of Cities' Rate Case
Expenses by Atmos was passed at last Thursday's meeting.
Greg Ingham, City Manager provided an update on the matter. He reiterated that the
Resolution was passed last Thursday denying the rate relief. At that time the
Resolution did allow that if Atmos Energy extended their effective date, the effective
date of this resolution would be extended by the same number of days. Yesterday the
City received notice from Atmos Energy extending the effective date Until February Ist
allowing another 18 days to the negotiating process. At the end of that time period if no
agreement is reached, then the rates will be denied. He stated other cities are taking
the same action, with the City of Odessa having passed the same Resolution and the
City of Midland considering such today. Mr. Ingham stated that counsel is continuing to
negotiate with Atmos and are trying to make headway on such. He stated he would
keep the Council and the community informed as the matter progresses.
John Castro, Director of Community Services presented for first reading Ordinance No.
04-3413, an Ordinance Amending the Zoning Map of the City of Plainview By Issuance
of a Specific Use Permit to Operate a Church, Rectory or a Place of Worship in a
Single Family Residential (R-2) Zoning District Said Tract Being Block 13, Lots 3, 4, 5, &
6, Wye Addition, Same Being 1711 N. Ash Street Plainview, Hale County, Texas;
Cumulativeness Clause; Conflicts Clause; Severability Clause; And Effective Date. This
is a request for a specific use permit to operate a church in a residential zone. The
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January 13, 2004 Page 2 of 3
Planning and Zoning Commission recommended apProval of the~ordinance. He stated
there is sufficient parking, One comment was received in favor of the request. Several
chUrch members attended the Planning & Zoning Commission Meeting and spoke in
favor of the request.
Mayor Anderson asked for public comment.
Brother Wayne Henry Lemons of 2008 Joliet Street stated it was an honor to be here.
He stated the present building is beyond repair. A request was made to add to the
present structure, but because the property is in a floodplain such could not be done.
The church members wanted to stay in the area because of sentimental reasons.
Councilmember Owen moved to adopt Ordinance 04-3413 upon first reading. The
motion was duly seconded by Councilmember Favila and carried by unanimous vote.
Councilmember Owen moved to adjourn the meeting. The motion was duly seconded
by Councilmember Shanes and carried by unanimous vote.
There being no further business, Mayor Anderson adjourned the meeting at 7:18 p.m.
Belinda Hinojosa
City Secretary
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