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HomeMy WebLinkAbout95 0711 min MINUTES CITY COUNCIL MEETING City of Plainview July 11, 1995 The Plainview City Council held a meeting at 7:30 p.m., Tuesday, July 11, 1995, in the Council Chambers of the Plainview City Hall at 901 Broadway. The Council met in Pre-Session at 7:00 p.m. Mayor Lloyd C. Woods presided. Councilmembers present were: Mary Virginia Kirchhoff-Precinct 2, Rey Rosas-Precinct 3, Mike Hutcherson-Precinct 4, Dwain Dodson- Precinct 6, and Irene Favila-Precinct 7. Councilmembers who were absent: Alton Jackson Sr.- Precinct 1 and Barbara Dorman-Precinct 5. Staff members present were:~ James P. Jeffers-C~y Manager, Muff London-Director for Community Development, Ches Carthel-Director of Public Works, Wally Hatch-City Attorney, Roy L. Osborne-Chief of Police, Barbara Sullivan-Municipal Court Judge, Dale Simpson- Director of Civil Service, Roland Asebedo-A~st. Fire Chief, and Karen McBeth-City Secretary. News media present were: Richard Orr-Plainview Daily Herald and Wayland Baptist University television. OPEN MEETING 1. Invocation - Mary Virginia Kirchhoff 2. Recognitions - Mayor Lloyd C. Woods recognized Municipal Court Judge Barbara Sullivan for organizing the Fourth of July ceremony remembering all the veterans from Plainview area who served in the armed services. 3. Consent Calendar - Mayor Woods announced that Items (d) and (g) on the Consent Calendar are tabled, to be considered at a later date. Dwain Dodson moved the Consent Calendar be approved as presented. Mike Hutcherson seconded the motion, which carried unanimously among the five councilmembers present. a) b) c) Minutes were approved. Departmental p~eports were accepted. Expenditures were approved. d) Budget Amendment - Milwee Lift Station. Ordinance No. 95-3042. An Ordinance amending Ordinance No. 94-3019, to appropriate funds in the 1994- 1995 Budget for wastewater plant repair of the Milwee wastewater lift station. First Reading. Tabled. Vehicle · Prairie House. Consider "loaning" Prairie House Living Center a City vehicle. The loan of the vehicle was approved. g) Health Wellness. Consider award of a contract to Methodist Hospital Lubbock for a Health Wellness program for City employees. Award of the contract was approved. Plat ® Douglass Addition. Consider the combination plat of Douglass Addition, Plainview, Hale County, Texas. Tabled. REGULAR AGENDA ITEMS 4. Speed Zone - S.W. Third St. Ordinance No. 95-3049. An Ordinance of the City of Plainview, Texas, amending Section 23-158 of the Code of Ordinances to establish a maximum rate of speed for vehicles traveling eastbound and westbound on FM 3466 (S.W. Third Street); Providing for a penalty; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. Second Reading and Final Reading. Police Chief Roy Osborne explained the proposed speed zones and said it covered S.W. Third from Columbia Street westward to Interstate 27. He explained this was set by the Texas Highway Department and the ordinance was in compliance with state regulations. Dwain Dodson moved to adopt the ordinance; Irene Favila seconded the motion; it passed unanimously. 5. Duck Pond - Eleventh and Ennis. Consider a request for signage at the Duck Pond and to name the Duck Pond after Travis Trussell. Mayor Woods announced this item was tabled and will be considered at the July 25, 1995, meeting. 6. Country Club Golf Rates ® Review and comment on proposed increased rates for golf at the Plainview Municipal Country Club. Rudd Owen spoke for the Country Club and explained the Board has determined it necessary to raise the green fees and golf rates, along with other fees to maintain a solid financial footing for running the Country Club. The increase in overhead was cited as the reason for having to raise the fees. He asked for the Council's comments. Dwain Dodson remarked it was not the City's place to comment on how the Plainview Country Club runs its business. He stated he only hoped that raising the golfing fees did not cause people to not use the golf course. He said it was a beautiful course and he is glad that Plainview has such a nice golf course. Mr. Dodson asked if the increase in green fees all went to the Country Club to meet overhead, or was part of it going to the golf pro, and did the pro get a percent of the cart rental? Mr. Owen said he did not know, but would provide the information later. Mayor Woods stated he understood the need to raise additional money, but the citizens of Plainview need a reasonably priced place to play golf. He said the course looked beautiful and he was proud Plainview had it. Mr. Owen stated he appreciated the cooperation the Club has 2 of 4 received from the City. Irene Favila asked Mr. Owen to tell the Board of Directors that she feels the green fees are too high and it is keeping citizens, particularly young people, from playing golf there. Rey Rosas remarked that the Country Club should buy the golf course and then they could charge whatever they wanted. Mr. Owen thanked the Council for their past cooperation and said it was a difficult decision for all concerned. 7. Speed Zone - S.W. Fourth St. Ordinance No. 95-3043. An Ordinance of the City of Plainview, Texas, amending Section 23-158 of the Code of Ordinances to establish a maximum rate of speed for vehicles traveling eastbound and westbound on a portion of SW. Fourth Street (Between Columbia and Broadway); Providing for a penalty; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. Roy Osborne, Chief of Police, explained this speed ordinance was for the portion of S.W. Fourth St. between Columbia Street to the east and ending on Broadway, and the limit is set at 35 miles per hour. Dwain Dodson made a motion to approve Ordinance 95-3043; that the second reading not be required and it become effective immediately. Mike Hutcherson seconded the motion. The motion passed unanimously and a second reading will not be required. 8. Sexually Oriented Businesses. Ordinance No. 95-3050. An Ordinance of the City Council of the City of Plainview, Texas, creating Article VII, Sexually Oriented Businesses, of Chapter 7, Businesses and Occupations, of the Plainview Code of Ordinances to provide for the regulation of sexually oriented businesses within the City of Plainview; Cumulativeness clause; Severability clause; Conflicts clause; And effective date. First reading. City Attorney Wally Hatch explained the proposed ordinance was taken, almost directly, from the ordinance adopted by Scottsdale, Arizona. He said he used that ordinance because it has withstood the scrutiny of the Supreme Court. He told the Council that sexually oriented businesses are protected by the First Amendment to the Constitution, but communities do have the right to stipulate who and where this type of business will be allowed to operate. He said this ordinance requires four different types of licenses with substantial fees for each and has detailed requirements of the individuals who own and/or operate the business, plus it stipulates the exact type of activities which can take place on the premises. A zoning ordinance will dictate where this type of business can locate, and must pass extremely close inspection of the Planning and Zoning Commission. He told the Council that if the City does not pass an ordinance regulating this type of business, such a business could virtually go anywhere because the City has no regulating ordinance now. Mr. Hatch informed the Council that sometime in the past some inquiries were made about putting in this type of business just outside the City limits, and that Hale County is also considering the passage of a similar ordinance. 3 of 4 After some discussion Mike Hutcherson made a motion that Ordinance No. 95-3050 be approved for the fo:st reading; Irene Favila seconded the motion which passed unanimously. Rey Rosas invited all the citizens of Plainview to attend the Fiesta Campesino on July 23, which is to be held in the Regional Park from 11:00 am to 8:00 pm. He said there was no admission charge. Municipal Court Judge Barbara Sullivan presented Mayor Woods with framed letters from Governor George W. Bush and President Bush, honoring veterans. 9. Adjournment. The Mayor adjourned the meeting at 8:10 pm. PASSED AND APPROVED on July 25, 1995. Lloyd C. Woods, Mayor ATTEST: Kamen M~Beth, i2ity S~retary 4of4