HomeMy WebLinkAbout04 0713 minThe Plainview City Council met on July 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 11:20 a.m. on July 9, 2004. Mayor John C. Anderson
presided. Councilmembers present were: Kelvin Tipton-District 1, Mary Jane Shanes-
District 2, John N. Bertsch-District 4, Ron Trusler-Distdct 5, Wendell Dunlap-District 6
and Roland Nash-District 7. Councilmember absent was: Belinda Pena-District 3.
Staff members present were: Greg Ingham-City Manager, John Castro-Director of
Community Services, Wally Hatch-City Attorney, Brice Clements-Engineer/Assistant
Director of Public Works, Dale Simpson-Director of Civil Service, Will Mull-Police Chief,
Gary Glass-Fire Chief and Belinda Hinojosa-City Secretary.
Guests present were: Sandra Murrell, James K. Odom, Rev. Tal Burdine, Alex
Enriquez, Alexis Rivera, Megan Shumate, Layla Ibarra, Stormie DeLaGarza and Andie
Rodriguez
News Media Representative: Richard Orr-Plainview Daily Herald
Rev. Tal Burdine, Children's Minister from First Assembly of God delivered the
invocation.
Alexis Enriquez, Alexis Rivera, Megan Shumate, Layla Ibarra, Stormie DeLaGarza
and Andie Rodriguez from Daisy Troop 750 led in the Pledge of Allegiance.
Councilmember Shanes moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Trusler and carried by unanimous vote. Items approved
on the Consent Calendar included: approval of minutes of June 22, 2004 and July 8,
2004 and granting an excused absence to Councilmember Pena. The Council
appointed Michael Black as the District 5 representative to the Coordinating Board of
Economic Development. The Council appointed Irene Favila to the Planning and
Zoning Board with said term to expire January 1, 2006. The Council approved upon
first reading, Ordinance No. 04-3420, an Ordinance Providing for the Maintenance of
Certain State Highways and/or Portions of State Highways in the City of Plainview,
County of Hale, Texas, Hereby Referred to as Municipal Maintenance Project and
Authorizing the Mayor of the City or Other Authorized City Official, to Execute and Affix
the Corporate Seal and Attest Same. A Certain Agreement Between the City and the
State of Texas; Providing for the Maintenance and use of the Said Maintenance Project;
and Declaring an Emergency and Providing that this Ordinance Should be Effective
from and After its Passage; Cumulativeness Clause; Conflicts Clause; and Severability
Clause.
Wally Hatch, City Attorney presented for first reading Ordinance No. 04-3421, an
Ordinance Authorizing Collection Fees in the Amount of 30% of Debts and
Accounts Receivable Such as Unpaid Fines, Fees, Court Costs, Forfeited Bonds, and
Restitution Ordered Paid by a Municipal Court Serving the City, and Amounts in Cases
in Which the Accused has Failed to Appear as Required by Law; Texas Code of
Criminal Procedure; Lawful Order of a Court Serving the City; or as Specified in a
Citation, Summons, or Other Notice Authorized by the Transportation Code When Such
Debts, Accounts Receivable and Amounts are More Than 60 Days Past Due and
Have Been Referred to an Attorney or Other Vendor for Collection; Cumulativeness
Clause; Conflicts Clause; Severabilty Clause; and Effective Date. This ordinance adds
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the 30% fee to delinquent fine and forfeiture. In the past the collection fee has come out
of the fine. He stated the contract has an opt out clause and this is a better deal for the
City because the burden is put on those not paying.
There was no public comment.
Councilmember Kelvin Tipton moved to approve Ordinance No. 04-3421 upon first
reading. The motion was duly seconded by Councilmember Wendell Dunlap and
carried by unanimous vote.
John Castro, Director of Community Services presented upon first reading, Ordinance
No. 04-3422, an Ordinance Amending the Zoning Map of the City of Plainview, Texas For
Rezoning From Single-Family (R-l), to Commercial Retail (C-2) Zoning District Said
Parcel Being Lot 8, Block 1, Rowe-Goode Addition, Same Being '1204 Raleigh Street,
City Of Plainview, Hale County, Texas; Cumulativeness Clause; Conflicts Clause;
Severability Clause; And Effective Date. He advised that said ordinance rezones 1204
Raleigh from a single family R-1 to a Commercial Retail C-2 for Harvest Christian
Fellowship to provide additional parking. Two favorable comments were received along
with one against. The Planning & Zoning Commission recommends approval.
There was no public comment.
Councilmember John N. Bertsch moved to adopt Ordinance No. 04-3422 upon first
reading. The motion was duly seconded by Councilmember Tipton and carried by
unanimous vote.
Mr. Castro presented for first reading, Ordinance No. 04-3423, an Ordinance Amending
the Zoning Map of the City of Plainview By Issuance of a Specific Use Permit to
Operate a Restaurant/Private Club in a General Commercial (C-3) Zoning District Said
Parcel Being Lot 2, Block 1, Wal Mart Super Center Addition, Same Being '1517 North
Interstate 27, City pf Plainview, Hale County, Texas; Cumulativeness Clause; Conflicts
Clause; Severability Clause; And Effective Date. He advised that the Council is looking
to see if the company has met the requirements for a specific use permit and not at the
morality of alcohol. Brinker International has requested to operate a restaurant/private
club (Chili's) in a general commercial C-3 zoning district located at 1517 N. 1-27. The lot
is located in front of Wal-Mart and will be brand new construction. The property is
located 1000 feet from the nearest church and 300 feet from the residential area. No
responses were received. The Planning & Zoning Commission recommends approval.
There was no public comment.
Councilmember Mary Jane Shanes moved to approve Ordinance No. 04-3423 upon first
reading. The motion was duly seconded by Councilmember Trusler and carried by
unanimous vote.
Mr. Castro presented upon first reading, Ordinance No. 04-3424, an Ordinance
Amending the Zoning Map of the City of Plainview By Issuance of a Specific Use
Permit to Operate an Arcade in a General Commercial (C-3) Zoning District, Said
Parcel Being Lots 3-4, E30'-5 S70' Of W20'-5, S70' Of 6, Block 46, OT, Same Being
317 W. 6t~' Street, City of Plainview, Hale County, Texas; Cumulativeness Clause;
Conflicts Clause; Severability Clause; and Effective Date. Val Allen has requested to
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July 13~ 2004 Page 2 of 4
operate an arcade in a general commercial C-3 zoning district located at 317 W. 16th.
The property has sufficient parking spaces and is 370 feet from the nearest church and
270 feet from residential property. The property is 23 feet short of meeting the
requirements and this property was previously approved to operate an arcade at this
address. There were no responses received. The Planning & Zoning Commission
recommends approval.
Mayor Anderson asked for public comment. Sandra Murrell of Kress stated she would
be the manager for the new facility. There will be 40-50 eight-liner machines. There will
be no prizes awarded; you will receive tickets for additional playing time. The facility will
be open from 9:00 a.m. to midnight on weekdays, 9:00 a.m. to 2:00 a.m. on Fridays and
Saturdays and Sunday they will be open from 12:00 p.m. to 12:00 a.m. There will be a
coffee shop area with free supper on Friday and Saturday nights.
James Odom of 3509 Kirchwood Drive stated he hoped the Council would approve the
permit. He would like to rent out the building since school taxes are going up.
Councilmember Bertsch asked if the location of the door could not be changed to meet
the 300 feet residential requirement. It was agreed that Mr. Odom and city staff would
look into the possibility of changing the entrance to the building.
Councilmember Bertsch moved to adopt Ordinance No. 04-3424 under the condition
that if door on the east gets this property into compliance with the residential 300 feet
then we accept that, but if doesn't get us to 300 feet and it only gets to 298 feet then I
recommend that we approve it anyhow, but I would like it under the best interests that
Mr. Odom move that door so that the next time something like this comes in front of us
we have not set a precedence that we made a variance. The motion died for a lack of a
second.
Discussion was had on how the ordinance should be passed to reflect the variance.
Councilmember Mary Jane Shanes called for the question. The motiOn was duly
seconded by Councilmember Trusler and carried by unanimous vote.
Mayor Anderson moved to approve Ordinance No. 04-3424 upon first reading. The
motion was duly seconded by Councilmember Nash and carried by unanimous vote.
Mr. Greg lngham, City Manager presented Resolution R04-137, a Resolution to
Approve the City of Plainview's Section of the Regional Mitigation Action Plan
(MAP) Known as the "South Plains Hazard Mitigation Action Plan". Several additions
were made to the City of Plainview section of the Plan including the following:
· request for drainage systems to assist in the application for any funds that may
Come available;
· storm sewers along some of the major streets;
· pipeline for water reclamation project;
· assistance with use of sewer water if necessary;
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· water wells;
· 24th Street work to help that be a better evacuation route;
· land acquisition and flood plain.
He stated our section of the Hazard Mitigation Action Plan, along with the information
originally submitted in terms of our audible warning system and all-weather radios, we
feel that we have a good plan and this resolution confirms the adoption of that.
There was no public comment.
Councilmember Trusler moved to adopt Resolution R04-137. The motion was duly
seconded by Councilmember Dunlap and carried by unanimous vote.
Mayor Anderson 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 7:42 p.m.
Belinda Hinojosa
City Secretary
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