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HomeMy WebLinkAbout98 0526 min MINUTES CITY COUNCIL MEETING City of Plainview May 26, 1998 The Plainview City Council met at 7:30 p.m., Tuesday, May 26, 1998 in the Council Chambers of the Plainview City Hall at 901 Broadway. The Council met in Pre-Session at 7:00 p.m. The Notice and Agenda for this meeting was posted in City Hall at 5:00 p.m. on May 20, 1998. Mayor Lloyd C. Woods presided. Councilmembers present were: Sam Parker-Precinct 1, Mary Jane Shanes-Precinct 2, Rey Rosas-Precinct 3, Mike Hutcherson-Precinct 4, Ross Owen- Precinct 5, Bobby R, McGehee-Precinct 7. Staff members present were: Jim Jeffers-City Manager, Wally Hatch-City Attorney, John Castro-Director of Community Services, Ches Carthel-Director of Public Works, Dale Simpson-Civil Service Director, Cindy Gasaway- Administrative Assistant, Norman Huggins-Director of Finance, Will Mull-Chief of Police, Gary Glass-Fire Chief and Karen McBeth-city secretary. OPEN MEETING Invocation - The Honorable Rey Rosas Pledge of Allegiance - Boy Scout Christopher Torres 2. Recognitions - There were none. 3. Consent Calendar - Councilmember Favila made the motion to approve the Consent Calendar as presented. Councilmember Hutcherson seconded the motioni The Mayor and Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen, McGehee and Favila voted for the motion. None voted against. a) b) c) d) Minutes of May 7, 1998 and May 12, 1998 were approved. Departmental Reports were accepted. Expenditures were approved. Excused Absences - None requested. e) Parks and Recreation - Amendment - Livestock. Ordinance No. 98-3168. An Ordinance amending Section 18-3, entitled Definitions and Section 18-53, entitled Unlawful Activities Within Parks; of the Code of Ordinances of the City of Plainview, Texas; Severability clause; Cumulativeness clause; Conflicts clause; And effective date. Approved. Parks and Recreation - Fee Amendment. Ordinance No. 98-3169. An Ordinance amending Section 18-1, entitled Fees and Charges; of the Code of Ordinances of the City of Plainview, Texas; Severability clause; Cumulativeness clause; Conflicts clause; And effective date. Approved. Budget Amendment- Traffic Control Department. Ordinance No. 98-3170. An Ordinance amending Ordinance No. 97-3135 to appropriate funds in the 1997-98 Budget to contract for the striping of streets. Approved. Page 1 of 4 h) Resolution No. R98-109. A ReSolution of the City of Plainview, Texas, to participate in the General Services Commission Cooperative Purchasing Program and authorizing agents of record. Approved. REGULAR AGENDA ITEMS Zone Case No. 657 (1620 N. Quincy) Specific Use Permit. Ordinance No. 98-3171. An Ordinance authorizing the issuance of a Specific Use Permit to operate a personal care home (custodial care) in a R-2 (Residential) District, generally known as 1620 N. Quincy; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. First reading. Mayor Woods made a motion that Ordinance No. 98-3171 be approved. Councilmember McGehee seconded the motion. John Castro, Director of Community Services, told the Council the request for the Specific Use Permit was approved by the Planning and Zoning Commission. The permit allows three people to be kept in the home for custodial care only, not medical treatment. The responses received were all in favor of the personal care home Mayor Woods and Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen, McGehee and Favila voted for the motion. Ordinance 98-3171 was approved. Zone Case No. 658 (501 W. 6th) Specific Use Permit. Ordinance No. 98-3158. An Ordinance authorizing issuance ora Specific Use Permit to operate a storage warehouse and sales facility in a C-3 (commercial) District, generally known as 501 W. 6th; Cumulativeness clause; Severability clause; And effective date. First reading. Councilmember McGehee made a motion that Ordinance No. 98-3158 be approved. Councilmember Rosas seconded the motion. Director of Community Services John Castro explained the Specific Use Permit was needed to operate a storage warehouse in a commercial district. He told the Council it will be used strictly for storing tires, and no sales will be conducted from this address. The Planning and Zoning Commission approved it and all responses to publication were positive. Mayor Woods and Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen, McGehee and Favila voted for the motion to approve. None voted against. Zone Case No. 659 (3420 Olton Road) Specific Use Permit. Ordinance No. 98-3167. An Ordinance authorizing the issuance of a Specific Use Permit to allow for a private club in a Commercial General Business (C-3) Zoning District, generally known as 3420 Olton Road; Cumulativeness clause; Severability clause; And effective date. First reading. Councilmember Owen made the motion to approve Ordinance No. 98-3167 with Councilmember Hutcherson seconding the motion. John Castro told the Council this address has been a private club for a number of years. State law says the City cannot bar them from being in business in the city, but the Council can restrict them to certain areas as well as State law prevents them from being close to churches, schools and playgrounds. Mr. Castro said the private club met all of the legal requirements, Page 2 of 4 such as distance measurements and parking area. He said there is a history of complaints fi.om the residents directlY behind the club. The Planning and Zoning Commission recommended approval. Mr. Eric Brandenburg, the operator of the club told the Council he has spoken with the City Attorney and he is more than willing to comply with the requirements laid out by the CitY. He stated there is a fence around the back door area to keep noise from bothering neighboring homeowners. He stated there are tables in this fenced in patio area where customers sometimes sat. He stated he has a separate roll up door for deliveries and no deliveries are made at night. Mayor Woods said the main complaints are always from the residents immediately to the North of the private clubs. He asked Mr. Brandenburg if he would make sure his clients did not make noise and create a disturbance? Mr. Brandenburg stated he would do all he possibly cOuld to comply with the Council's wishes. Councilmember Owen asked Mr. Brandenburg if clients sometimes parked in the back of his business? Mr. Brandenburg said his employees park in the back, but the designated parking area is not confined to the fi.ont, but continues down the side and past the back wall of his business, and sometimes customers parked there, but it was within the legal parking area of the business. Councilmember McGehee asked if he would agree to allowing no customers to park in the alley? Mr. Brandenburg agreed. Councilmember McGehee made a motion to amend the motion to approve by adding these stipulations: (1) there be no customer parking in the alley behind the establishment; (2) excessive noise not be allowed within the patio area oUtside the back door, which will be kept closed; (3) no deliveries after 5:00 p.m.; (4) the fence will be kept in good repair; (5) a security light will be installed outside back door; (6) premises is to be kept clean and devoid of trash and litter. Councilmember Owen seconded the motion to amend. Councilmembers McGehee, Owen, Favila, Hutcherson, Rosas, Shanes and Parker, along with Mayor Woods voted for the motion to amend. Mayor Woods, Councilmembers Parker, Shanes, Rosas, Hutcherson, McGehee, Owen and Favila voted in favor of the amended motion to approve Ordinance No. 98-3167. 7. Budget Amendment - Wastewater Treatment Plant. Ordinance No. 98-3172. An Ordinance amending Ordinance No. 98-3135 to appropriate funds in the 1997-1998 Budget for the operation and maintenance of the wastewater treatment plants. First Reading. Councilmember Owen moved to approve Ordinance No. 98-3172 and Councilmember Hutcherson seconded the motion. Director of Public Works Ches Carthel told the Council one of the problems facing the waste water treatment plant was the time it took to dry the sewage sludge and remove it to the landfill. He said he has found that adding certain polymers to the sewage sludge increases its drying time by two-thirds. He said the additional $15,000 budget request would purchase the needed chemical product through this budget year. Councilmembers Owen, Hutcherson, Parker, Shanes, Rosas, McGehee and Favila and Mayor Woods voted "yes" on the motion to approve. None voted against. Open Forum. Hear citizens requests and comments per Open Forum Policy. No one spoke on the Open Forum. 8a. Ordinance No. 98-3173. A request of Jabo Floyd on behalf of Wal-Mart Inc. for a Specific Use Permit to operate a Motor Freight Terminal in a Commercial Retail (C-2) Zoning Page 3 of 4 District, said parcel of land being Block 86, 360 X 752 Tract, College Hill Addition, City of Plainview, Hale County, Texas, the same being 2801 Olton Road. First Reading. Councilmember McGehee made the motion to approve Ordinance No. 98-3173 with Councilmember Rosas seconding the motion. John Castro, Director of Community Services told the Council that although the Planning and Zoning Commission has not yet met to consider this request and the 18 property owners within the 200 foot area have not had time to respond to notification (eight of which are residential) time is the moving factor in this instance. He said the local Wal-Mart distribution center has experienced an unexpected storage space emergency and the only available property which meets the criteria for receiving their merchandise is the building at 2801 Olton Road, presently vacated by Country General Store. The plan is to use this facility for approximately six months and receive about 10 to 20 trucks daily and the ordinance restricts delivery and departure times between 8 a.m. and 7 p.m. Wal-Mart is requesting permission to modify and eXtend the Specific Use Permit an additional six months if it proves necessary. There will be no tractor trailers left on the property over night. Mr. Frank Gabriel, 501 Kirchwood, representing the Industrial Foundation, spoke in favor of the Specific Use Permit. He stated Wal-Mart has been a good corporate neighbor and he asked the City be good neighbors to Wal-Mart. He said he would appreciate the Council's favorable consideration of this request. Councilmember Owen asked if any of the restrictions listed in the ordinance would cause difficulties for Wal-Mart? Mr. Jabo Floyd said the only difficulty is the 8:00 a.m. time restriction. He said it would be much better for Wal-Mart if it could be 7:00 a.m. He said the 7:00 p.m. deadline was all right. He had no 'problem with the number of trucks nor there being no parking of trucks overnight. He said he hoped the six months time frame would be all that is necessary, but would appreciate having the option to extend it up to one year. He said Wall-Mart appreciates Plainview and plans on being here for a long time. Councilmember Rosas made a motion that the daily time for receiving and departing trucks be changed to 7:00 a.m. to 7:00 p.m. Councilmember Owen seconded the motion. Mayor Woods and Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen, McGehee and Favila voted in favor of the amendment. Councilmember McGehee stated that this was only the first reading of the proposed ordinance, and that it is subject to a Planning and Zoning hearing, and the ordinance could change, or possibly even be denied. Councilmembers Parker, Shanes, Rosas, Hutcherson, Mayor Woods, Councilmembers Owen, McGehee and Favila voted "yes" to the amended motion to approve. None voted against. 9. Adjournment. Councilmember Owen moved to adjourn the meeting. Councilmember Hutcherson seconded his motion. The Mayor and all seven Councilmembers present voted in favor of the motion. Mayor Woods declared the meeting adjourned at 8:00 p.m. Passed and approved June 9, 1998. Karen McBeth, City Secretary Page 4 of 4