HomeMy WebLinkAbout98 0714 min MINUTES
CITY COUNCIL MEETING
City of Plainview
July 14, 1998
The Plainview City Council held a meeting at 7:30 p.m., Tuesday, July 14, 1998 in the Council Chambers of the
Plainview City Hall at 901 Broadway. The Council will met in Pre-Session at 7:00 p.m. Mayor Lloyd C. Woods
presided. Councilmembers present were: Sam Parker-Precinct 1, Rey Rosas-Precinct 3, Mike Hutcherson-Precinct 4,
Ross Owen-Precinct 5, Bobby 1L McGehee-Precinct 6 and Irene Favila-Precinct 7. Councilmember Mary Jane Shanes
was absent.
Staff members present were: Jim Jeffers-City Manager, John Castro-Director of Commumty Services, Wally Hatch-City
Attorney, John Berry-Interim Director of Public Works, Dale Simpson-Civil Service Director, Gary Glass-Fire Chief,
William Mull-Police Chief, Norman Huggins-Director of Finance and Karen McBeth-city secretary.
News media present: Richard Orr-Plainview Daily Herald, Wayland Baptist University television crew.
OPEN MEETING
Invocation - The Honorable Bobby McGeh~e
Pledge of Allegiance
2. Recognitions
3. Consent Calendar - Councilmember McGehee made the motion to approve the Consent Calendar as
presented and Councilmember Ross Owen seconded the motion. The motion to approve passed with the Mayor and
all Councilmembers present voting for the motion.
a)
b)
c)
d)
Minutes of June 23, 1998 and June 18, 1998 were approved.
Departmental Reports were received.
Expenditures were approved.
Excused Absence was granted to Councilmember Favila for July 9, 1998.
e)
Speed Zone. Ordinance 98-3178. 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 northbound and southbound on a portion of Westridge
Road; Providing for a penalty; Cumulativeness clause; Conflicts clause; And effective
date. Passed and approved.
Consider an amendment to Agenda Action Policy Guidelines, first adopted March
26, 1996. Amendment passed and approved.
Code of Ethics. Ordinance No. 98-3179. An Ordinance establishing a Code of Ethics
as provided by Article VII, Section 7.01 of the Charter of the City of Plainview,
Texas; Severability clause; Cumulativeness clause; Conflicts clause; And effective
date. First reading. Passed and approved.
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REGULAR AGENDA ITEMS
Zone Case No. 661. Ordinance No. 98-3175. An Ordinance authorizing the issuance of a
Specific Use Permit to allow for a residential structure in a M- 1, light manufacturing district,
generally known as 700 E. 9th Street, Plainview, Hale CountY, Texas; Cumulativeness clause;
Conflicts clause; Severability clause; And effective date. First reading.
John Castro, Director of Community Services reviewed the ordinance explaining Mrs. Margie Ramos
is asking permission to build a home on the corner of 9th & Fir St., an area zoned for light
manufacturing. A Specific Use Permit is required to put a dwelling in this zone. There are numerous
residences scattered throughout this area and the Planning and Zoning Commission recommended
approval. Councilmember McGehee made the motion to approve Ordinance No. 98-3175 and
Councilmember Hutcherson seconded the motion. Mayor Woods and Councilmembers Parker,
Rosas, Hutcherson, Owen, McGehee and Favila voted "yes" on the motion. None voted against.
Zone Case No. 662. Ordinance No. 98-3176. An Ordinance authorizing the issuance of a
Specific Use Permit to operate a private club in a commercial retail (C-2) zoning district,
generally known as 600 W. 5th Street, Plainview, Hale County, Texas; Cumulativeness
claUse; Conflicts clause; Severability clause; And effective date. First reading.
John Castro, Director of Community Services, explained the ordinance would allow a Specific Use
Permit for a private club known as "The Elbow Bend" which has operated at this location for a
number of years. State law says people who operate a private club must comply with all ordinance
requirements, and the Planning and Zoning Commission has recommended the parking area on the
West side of the building be paved and the front of the building be landscaped. Mr. Castro said the
owner agreed to do the paving Councilmember McGehee inquired about the time frame allowed to
finish the paving and landscaping. Councilmember Owen stated the ordinance could stipulate that the
landscaping and paving be done within thirty days from the date of approval. Councilmember Owen
then moved to approve Ordinance No. 98-3176, with the added stipulation that the parking area be
paved and landscaping installed within thirty days of issuing the Specific Use Permit, unless delayed
by unforeseen circumstances. Councilmember Hutcherson seconded the motion. The Mayor and
Councilmembers Parker, Rosas, Hutcherson, Owen, McGehee and Favila voted "yes" on the motion.
None voted against.
Zone Case No. 663. Ordinance No. 98-3177. An Ordinance authorizing the issuance of a
Specific Use Permit to operate a counseling center in a central business district (CBD),
generally known as 1001 Broadway, Plainview, Hale County, Texas; Cumulativeness clause;
Conflicts clause; Severability clause; And effective date. First reading.
Mayor Woods stated that Councilmember Parker has declared a "Conflict of Interest" regarding this
agenda item and he will not vote on, nor take part in the discussion regarding this ordinance. John
Castro explained that Sam Parker has applied for this Specific Use Permit and it falls in the category
of "adult day care center" even though counseling will be available on a round-the-dock basis.
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However, them will be no "overnight" clientele. The Planning and Zoning Commission received six
responses from property owners adjacent to this location and all six were in favor of it. The Planning
and Zoning Commission recommends approval and city staff recommends approval also.
Councilmember McGehee made the motion to approve Ordinance No. 98-3177 and Councilmember
Rosas seconded the motion. Mayor Woods and Councilmembers Rosas, Hutcherson, Owen,
McGehee and Favila voted "yes" on the motion. None voted against. Councilmember Sam Parker
abstained from voting. The motion carried.
Zone Case No. 664. Ordinance No. 98-3180. An Ordinance authorizing the issuance of a
Specific Use Permit to operate a private club in a general commercial (C-3) zoning district,
generally known as 3416 Olton Road, Plainview, Hale County, Texas; Cumulativeness clause;
Conflicts clause; Severability clause; And effective date. First reading.
John Castro reviewed Ordinance No. 98-3180, a the request of Mike Shurbet to operate a private
club which will be known as "The Wild Stampede." He has been operating at this location under the
name "The Stampede" but has been required to re-license with the State and therefore must go
through the Specific Use Permit process again. Mr. Castro said some of the residential neighbors
have complained about trash in the alley, but since 1996 when specific guidelines were set forth in
the previous Specific Use Permit process there have been few documented problems~ Mr. Castro
stated the specification regarding no deliveries after 5:00 p.m. would be modified to allow the
delivery of food, and all other stipulations remain the same. Councilmember Parker asked what
people did there besides eat and drink? Mr. Castro said they eat, drink, dance and be merry. Mr.
Castro said the employees park in the back, but customers may not. Councilmember Owen moved
to approve Ordinance No. 98-3180 and Councilmember Hutcherson seconded the motion. Mayor
Woods and Councilmembers Parker, Rosas, Hutcherson, Owen, McGehee and Favila voted "yes"
on the motion. None voted against.
Plat - Checker Subdivision. Consider approval of combination plat of Checker Subdivision,
Block 1, Lots 1 and 2, being a portion of Block 86, College Hill Addition, to the City of
Plainview, Hale County, Texas. Owner/developer CSK Auto.
John Berry, Interim Director of Public Works, told the Council the land in the proposed plat is
located at 5th & Canyon. He said CSK Auto has complied with all requirements and the Planning
and Zoning Commission has recommended approval. The plat is "L" shaped, with the frontage facing
5~ Street. Councilmember Owen moved to approve the combination plat and Councilmember Rosas
seconded the motion. The Mayor and Councilmembers Parker, Rosas, Hutcherson, Owen, McGehee
and Favila voted "yes" on the motion. None voted against.
Consider authorizing the City Manager to negotiate a contract for architectural services for
upcoming building projects.
Administrative Assistant Dale Simpson explained that architects do not "bid" on projects, they submit
p oposals for services" and with the upcoming building projects like the fire station, community
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building and possible other renovations, plans have reached the place where nothing further can be
done without the services of an architect. Councilmember Ross Owen asked if each project would
need its own architect or could all the projects be pooled and use the same architect? Mr. Jeffers,
City Manager, said the projects would be pooled. Mayor Lloyd Woods moved to authorize Jim
Jeffers, City manager, to negotiate a contract for needed architectural services. Councilmember
Owen seconded the motion. The Mayor and Councilmembers Parker, Rosas, Hutcherson, Owen,
McGehee and Favila voted "yes" on the motion. None voted against.
10.
Open Forum. Hear citizens requests and comments per Open Forum Policy. No one spoke
during the Open Forum.
11.
Closed Session. Deliberate the purchase, exchange, lease or value of real property regarding
109 West 9th Street, 107 West Th Street, and 3403 S.W. 3rd Street. This meeting is authorized
by [TEX. GOV. CODE ANN. § 551.072, (Vernon Ann.)].
Councilmember Owen moved to adjourn the Open Session portion of the meeting and go into Closed
Session to discuss purchase of property. Councilmember Hutcherson seconded the motion. Mayor
Woods and all six Councilmembers present voted in favor of the motion. The Council met in Closed
Session beginning at 7:45 p.m.
12. Possible action taken per discussion Closed Meeting.
The Council re-convened in Open Session at 8:50 p.m. Councilmember Owen made the motion that
the City Manager be authorized to enter into contracts regarding 3403 S.W. 3rd Street, within the
parameters outlined in Closed Session. Councilmember McGehee seconded the motion. The Mayor
and Councilmembers Parker, Rosas, Hutcherson, Owen, McGehee and Favila voted in favor of the
motion. None voted against.
Councilmember Hutcherson made the motion the City Manager be authorized to proceed with
contracts regarding property at 107 W. 7th Street, within the parameters established in Closed
Session. Councilmember Favila seconded the motion. Mayor Woods and Councilmembers Parker,
Hutcherson, Owen, McGehee and Favila voted in favor of the motion. Councilmember Rosas voted
against the motion. The motion carried.
13. Adjournment. Councilmember Owen moved to adjourn the meeting. Councilmember
Rosas seconded the motion. The Mayor and all Councilmembers presented voted unanimously to
adjourn. Mayor Woods declared the meeting adjourned at 9:00 p.m.
Passed and approved this 28th day of July, 1998.
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