HomeMy WebLinkAbout98 0521 minWORK SESSION MINUTES
Plainview City Council
May 21, 1998
The Plainview City Council met in a Work Session at 11:30 a.m. on May 21, 1998, at the Plainview
Convention Center. The notice and agenda of this meeting was posted in City Hall at 11:00 a.m. on
May 18, 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 6 and Irene Favila-Precinct 7.
StatTmembers present were: Jim Jeffers-City Manager, Karen McBeth-city secretary, John Castro-
Director of Community Services, Cynthia Palmer-Nursing Supervisor of Health Department, Dale
Simpson-Civil Service Director, Gary Glass-Fire Chief, Wally Hatch-City Attorney, Ches Carthel-
Director of Public Works, Will Mull-Police Chief and Norman Huggins-Director of Finance.
News media present: Richard Orr-Plainview Daily Herald.
OPEN MEETING
1. Invocation. COuncilmember Owen gave the Invocation.
2. Review Agenda for May 26, 1998. The Mayor and Council reviewed the agenda for
the upcoming Council meeting of May 26, 1998.
Item 4, Ordinance 98-3171 was discussed. The Specific Use Permit request allowing the
operation of a personal care home in a residential district was approved by the Planning and Zoning
Commission. The Permit will allow no more than three people.
Item 5, Ordinance 98-3158 was discussed. The Specific Use Permit request to build a 1,200
square foot building to store tires in a commercial district was approved by the Planning and Zoning
Commission. This location will be used for the storage of tires, no sales will be conducted.
Item'6, Ordinance 98-3167 was reviewed. The Ya'll Come Back private club is asking for
a Specific Use Permit to operate in Plainview at 3420 Olton Road. The business has been there for
a number of years operating with a Specific Use Permit, but they recently had to reapply for a liquor
license and this resulted in having to submit an application for a new Specific Use Permit. John Castro
said there is enough parking to meet requirements. The Planning and Zoning Commission approved
the request, although there were five responses against it. City Manager Jim Jeff.ers told the Council
that while Hale County is a "dry" county, private clubs are legal. Essentially the State has usurped
local authority and says we must provide space for them. The City can put restrictions on them to
make them more palatable to the community. Any change in owners or licenses triggers the new
Specific Use Permit application. Counc'dmember Favila asked if the owner of the club lived here? Mr.
Castro said he does. Mr. Castro said the last Specific Use Permit request was by the Stampede dub
and the Council imposed restrictions regarding locking the fence around the back door, installing a
security light and a "panic bar" on the rear door. Councilmember McGehee asked if this club had
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these same restrictions? Mr. Castro said almost the same. Councilmember Parker asked what
businesses were around the club. Mr. Castro said immediately to the West is a vacant building, then
a motel further West, and to the East is another private club. All neighboring property is commercial.
The distance to residential areas and churches has been measured and does not present a problem.
Councilmember Parker asked if it is ADA accessible? City Attorney Wally Hatch said as a private
club, for members only, does not have to be. Mr. Jeffers suggested Councilmembers drive around the
area at their convenience to be better acquainted with it.
Item//7. Ordinance 98-3172. Ches Carthel told the Council that adding polymers to the waste
water sludge decreased the drying time by 50%, thereby allowing the sludge to be moved to the
landfill more quickly. He said the requested budget amendment of an additional $15,000 will
purchase the polymer chemicals for the remainder of this budget year. Mayor Woods asked if another
drying bed is required? Carthel said an additional bed may be needed in the future, and the EPA may
require it. A drying bed costs approximately $100,000. Councilmember McGehee asked how much
chemical is used at one time? Mr. Carthel said one-third of a drum. Councilmember Owen asked if
we will receive any real benefit or are we doing this to satisfy EPA? Carthel said the City will receive
direct benefit in less drying time, this makes the plant more efficient, and if we do not do this, we may
be fined again. Mr. Jeffers said that self analysis revealed this not only satisfied EPA and TNRCC in
an economic and immediate way, it benefitted plant efficiency. Mayor Woods asked if it could affect
the ammonia problem? Jeffers said it could possibly. Councilmember McGehee asked how much
would be in the 1998-1999 budget for this chemical? Carthel said he would not know that until he
experimented with the quantity of chemical use over a few months, then he could predict the amount
required for next year.
3. City Council liaison reports: There were none.
4. Housing - review °f administration's action plan. Mr. Jeffers distributed a housing survey
time line which showed it would require at least five months to adequately prepare a housing survey
to determine the housing needs of the city. John Castro will direct this undertaking. The Council
needs to decide if they want to do this, and determine a course of action once the survey is done.
Councilmember Owen asked how much stafftime the survey would take? Mr. Jeff.ers said he did not
know because it has never been done. It will be time consuming. There may be surveys we could
adapt or use, and this would help. But, for the most part it will be very cumbersome. Councilmember
Owen asked why we didn't just ask the major players and limit the number of people we talk to?
Jeffers said there were maybe 25 major employers, with at least 50 employees. Landlords will need
to be questioned, and how will we determine if they are giving us accurate information, and will they
give us a 12 month history? Mayor Woods stated that over half of Wal-Mart truck drivers live
outside the City, and they do not want to move into Plainview, even though they can afford to build
or buy. Councilmember Favila said we need to have a full picture. We need to survey small
employers, those with minimum wage employees, The people who earn minimum wages need
affordable housing also. Jeffers stated if we contact every employer, the proposed time line does not
work. IfWayland University could help with it, we might be able to do more. Councilmember Owen
said he did not think the staff should spend this lengthy amount of time on a survey. Councilmember
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McGehee said Corplan, and Everett, need surveys: Is this the type survey we will be doing? Jeffers
said it would be similar and may support part of the answers they need. Mayor Woods stated the
Council needs to vote on determining the need for public housing. Jeffers said a survey may
determine other needs, not just the need for public housing. Councilmember McGehee stated the City
needs the survey for our own information, not just to meet the needs or Corplan or Everett. He said
he would like to have this information for all planning purposes. Councilmember Rosas agreed that
we need to know for ourselves, whether we build anything or not. Councilmember Shanes stated it
should be done one step at a time. Councilmember Favila said she was hesitant to let Corplan or
Everett do the survey. She said we need to do it, and we should go ahead and approve the staffto
go ahead on it. Councilmember Hutcherson suggested we ask Ben Akande at Wayland as to how
to do this. Jeffers said we should estimate the cost, even for the postage, before proceeding. Mayor
Woods said he would like to know who is going to be surveyed. Jeffers said that will be part of the
cost determination.
5. Construction debris landfill disposal - review of City policy. Mr. Jeff'ers told the Council
that following the June 6, 1989 hail storm effectively ended the life of the old landfill. In 1996 the
Council changed the policy for handling roofing debris. No one with construction debris is allowed
access to the landfill without charge. City staff and Councilmembers get calls and complaints
regarding this policy, but if we don't charge for this, the City must raise sanitation rates. State law
requires a penalty for uncovered loads. Councilmember Owen said that roofers pass this cost on to
the customer and/or insurance company. Councilmember McGehee asked what about inert materials?
Ches Carthel said the asphalt content in some shingles are a mobile contaminant and they must go to
a permitted landfill. He said concrete and wood shingles can go to the Baker pit. The cost at the
landfill is $41 per ton; $6 per square for shingles. No changes were suggested.
EPA Notice of Proposed Assessment of Class II Civil Penalty (waste water treatment plant).
There was nothing to report.
7. Code Administration - discuss increasing administrative fees. John Castro told the Council
when Code Administration has to mow, clean up or demolish property that is neglected by the owner,
only the cost of the mowing, cleaning or demolition has been charged back to the property owner.
There has not been any administrative cost assessed for inspections, notifications, follow up or staff
time included. Mr. Castro proposed an administrative fee be added to the charges. He explained that
property is inspected at least twice, often three times, two or three letters are sent, and all of this
requires staff time. Councilmember McGehee asked when the City files a lien on the property for
these? Wally Hatch, City Attorney, said after everything is done. McGehee said the administrative
fee should be added to the lien, if one is filed. Hatch said, if we go through the whole process, $200
administrative fee will be added. Councilmember Parker asked if a friendly letters should be sent to
give the owner time? Castro said the city's policy is very lenient and sometimes as much as seven
inspections and letters are sent out prior to action. Jeffers said an ordinance will be prepared for the
Council to look at. No one objected.
8. City Manager Reports: Jim Jeffers told the Council that he was contacted by Wal-Mart
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distribution center administration regarding a space problem they have encountered. They have so
much merchandise coming in they have run out of storage space. They need immediate, although
temporary, space to store the merchandise which is coming in daily, at the rate of 15 to 20 truckloads.
They must have a building that is sprinkled. The only building meeting their needs and available is
the old Country General building on Olton Road. which is not zoned for warehousing. At first it was
determined that City Code would allow this use of the building, as warehouses are prohibited in this
area. To get a variance would be time consuming and Wal-Mart has no time to spare in solving this
problem. John Castro reviewed the City Code and has found a designation which can accommodate
them. A "freight" station is allowed in this zoning designation with a Specific Use Permit. If the
Council has no objections, city staffwill tell Wal-Mart this approach may work. Wal-Mart may need
it for six months to a year. The City can restrict the number of trucks, the operating hours, the streets
used for ingress and egress. The first reading of the ordinance will be done on Tuesday, May 26,
prior to the Planning and Zoning meeting. The public will have adequate time to comment and those
within 200 ft. of the proposed site will be notified by letter. Wal-Mart can start using the building
now, but if it does not work, the City can tell them they must stop using it and vacate.
Councilmember Owen asked if they are really out of room? Jeff.ers said the home office in
Bentonville said business has been so good that are completely full, all storage trucks are full, and to
a major storage center like Plainview, 20 trucks a day is nothing. Councilmember Hutcherson asked
if the City could limit the hours of delivery/departure as well as the number of trucks going to the
property on Okon Road? Jeffers said yes, on both requirements. Gary Glass, Fire Chief, asked if the
sprinkler system was operable? Jeff.ers said Code enforcement and the Fire Department would need
to determine this. Mayor Woods asked if the residential neighborhood close to this ske would object?
Councilmember Parker asked it there was time to do some public relations work? Jeffers said Wal-
Mart should do that. Councilmember McGehee said Wal-Mart needs to understand this next Tuesday
will only be the first reading. Jeffers said they understood, but they are willing to carry the burden
of risk. Mayor Woods asked if the merchandise stored on this site was taxable. Jeffers said yes.
Jeff.ers asked each Councilmember and none objected to this plan of action. He said Wal-Mart will
have a representative at the Council Meeting on Tuesday. Planning and Zoning will make their
recommendations on June 11, 1998. He said an ordinance will be prepared for Tuesday night Council
Meeting.
Ches Carthel shoWed the Council a water conservation kit which is being distributed and teaches
water conservation and how to implement water saving appliances and practices.
Mayor woods adjourned the meeting at 1:05 p.m.
Passed and approved on June 9, 1998
K'aren McBeth, City Secretary
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