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HomeMy WebLinkAbout97 1223 min MINUTES CITY COUNCIL MF.F. TING City of Plainview December 23, 1997 The Plainview City Council held a meeting at 7:30 p.m., Tuesday, December 23, 1997 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 of this meeting was posted in City Hall at 5:00 p.m. on December 16, 1997. Mayor Pro Tem Mike Hutcherson presided. Councilmembers present were: Larry Dickerson- Precinct 1, Rey Rosas-Precinct 3, Ross Owen-Precinct 5, and Bobby McGehee-Precinct 6. Absent were Mayor Lloyd Woods, Councilmembers Mary Virginia Kirchhoff-Precinct 2 and Irene Favila- Precinct 7. Staffmembers present were: Jhn Jeffers-City Manager, John Castro-Director of Community Services, Dale Simpson-Civil Service Director, Wally Hatch-City Attorney, Norman Huggins-Director of Finance, William Mull-Chief of Police, and Karen McBeth-city secretary. News media present: Richard Orr of the Plainview Daily Herald. OPEN MEETING Invocation - The Honorable Larry Dickerson Pledge of Allegiance - The Honorable Mike Hutcherson 2. Recognitions - There were none. 3. Consent Calendar - Councilmember McGehee made the motion to approve the Consent Calendar as presented and Councilmember Rosas seconded the motion. Mayor Pro Tem Hutcherson and Councilmembers Dickerson, Rosas, McGehee, and Owen voted in favor of the motion, making it unanimous. b) c) d) e) Minutes of December 4, 1997 Work Session, Special Council Meeting on December 4, 1997 and of the regular Council Meeting on December 9, 1997 were approved. Departmental Reports were accepted. Expenditures were approved. Excused Absences - 1VYflce Hutcherson was excused from the December 4, 1997 Work Session and Special Council Meeting. Ordinance No.97-3149. An ordinance of the City of Plainview, Hale County, Texas waiving the permit fees established in Chapter 6, Article I of the Code of Ordinances, No.94-2994; Regarding building permit fees for the Plainview Rehabilitation Center - 24 Hours; Cumulativeness clause; Conflicts clause; And effective date. Second reading. The ordinance was approved. Page 1 of 4 f) Ordinance No.97-3150. An ordinance amending Ordinance No. 97-3135 to appropriate funds within the General Fund for Department 52 (City/County Health Department) for the budgeted fiscal year 1997-1998; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. (Medical Authority compensation). Second reading. The ordinance was approved. REGULAR AGENDA ITEMS Ordinance No. 97-3148. Zone Case No. 651, Specific Use Permit. An Ordinance authorizing the issuance ora Specific Use Permit to allow a Flea Market in a C-3 (Commercial General Business) District, generally known as 1203 South 1-27; Cumulativeness clause; Conflict clause; Severability clause; And effective date. First reading. Councilmember Ross Owen moved that Ordinance No. 97-3148 be apprOVed and his motion was seconded by Councilmember Rey Rosas. Director of Community Services John Castro reviewed the proposed ordinance stating Mike and Judy Tiner, who are making the request for the Specific Use Permit, have met all of the requirements for such. He told the Council the Planning and Zoning Commission recommended approval. There was no comment from the public or the Council. The Mayor Pro Tem called for the vote. Councilmembers of Precincts 1, 3, 5, and 6, and the Mayor Pro Tern, being the Councilmember from Precinct 4, all voted in favor of the motion. There were no votes against the ordinance. The ordinance passed first reading. Ordinance No. 97-3147. Zone Case No. 650, Specific Use Permit. An Ordinance authorizing the issuance of a Specific Use Permit to allow an Arcade (Redemption Center) in a C-3 (Commercial General Business) District, generally known as 1001 North 1-27; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. First reading. Councilmember Ross Owen moved to approve Ordinance No. 97-3147 and Councilmember Larry Dickerson seconded the motion. John Castro, Director of Community Services, reviewed the ordinance explaining the Specific Use Permit was required because there would be six or more coin operated machines, used for skill and pleasure, at this location. He explained the licensing for the business is done through the State Comptroller's office. He told the Council the Planning and Zoning Commission had reviewed the request and recommended it be approved. Rudd Owen, attorney for Chad Williams, the applicant, explained to the C.ouncil that a wholly business and commercial area had been chosen for the site. He said this type of business was completely legal and was not like gambling in Las Vegas. He respectfully asked the Council to approve the ordinance granting a Specific Use Permit. Councilmember McGehee asked if there would be any age restrictions on participants? Mr. Rudd Owen said yes, no one under 18 would be allowed to use. the machines. Councilmember McGehee asked if it would make any difference if this requirement were placed in the ordinance? Mr. Owen Page 2 of 4 said that it was Mr. Williams intention that no one under 18 years of age be allowed to play the machines, but did not know how he would feel if it was made a part of the ordinance. Councilmember Rosas asked how this would be enforced? Mr. Owen said he did not know, but there will be an attendant on duty at all times. Councilmember Ross Owen asked what the hours of operation would be? Mr. Chad Williams, the applicant, said this has not yet been decided. He said there were other places in town with these same types of machines and there is no restriction as to time of day on their usage. Councilmember Ross Owen made a motion to amend the motion to approve, with the stipulation that it be reviewed in six months. Councilmember Rosas seconded the motion. Mayor Pro Tem Hutcherson and Councilmembers Dickerson, Rosas, Owen, and McGehee voted in favor of the motion to amend. Then the Mayor Pro Tern and Councilmembers Dickerson, Rosas, Owen and McGehee voted to approve the ordinance as amended, with no one voting against it. Ordinance No. 97-3151. An Ordinance amending Section 5 of Ordinance No. 81-2474; Extending the duration and acceptance of a non-exclusive franchise with Teleservice Corporation of American, dba TCA Cable TV of Plainview, for one year; Cumulativeness clause; Conflict clause; Severability clause; And effective date. First reading. Councilmember Larry Dickerson moved to approve Ordinance No. 97-3151. Councilmember Rey Rosas seconded the motion. Wally Hatch, City Attorney, explained this ordinance extends the existing franchise for one year. He said it was extended originally to give the City time to wait on some legal opinions that would impact any new franchise agreement, and the City did not want to rush into negotiations. Mr. Hatch explained that the proposed ordinance also approves the merging of TCA with TCI. Councilmember McGehee asked if it would take an entire year to reach a new agreement? Mr. Hatch said he hoped to resolve what differences remained very soon. Mayor Pro Tem Hutcherson called for the vote: He and Councilmembers Dickerson, Rosas, Owen and McGehee voted in favor of the motion to approve. None voted against. Consider entering into an interlocal cooperative agreement with the City of Lubbock, as such pertains to the Southwest to Northwest International Trade Corridor. Councilmember Owen moved the City enter into an interlocal cooperative agreement with the City of Lubbock, as such pertains to the Southwest to Northwest International Trade Corridor. Councilmember Dickerson seconded the motion. Councilmember McGehee explained the proposed trade corridor as a highway system reaching from the Northwest portion of the United States, going through West Texas and reaching to Mexico and beyond. The initial cooperative agreement says the City will work with the City of Lubbock to initiate and help pay for a feasibility study to determine where such a route would be. The route presumably would come through Lubbock, Plainview and Amarillo and would expedite trade, goods, tourism and general economic growth of the area. Mayor Pro Tem Hutcherson, and Councilmembers Dickerson, Rosas, Owen and McGee voted for the motion, none voted against. Page 3 of 4 Ordinance No. 97-3152. An Ordinance amending Ordinance No. 97-3135 to appropriate funds in the 1997-1998 Budget for participation in the Southwest to Northwest International Trade Corridor. First reading. Councilmember Rosas made the motion to approve Ordinance No. 97-3152 and Councilmember Owen seconded the motion. Councilmember McGehee told the Council the budget amendment for $13,728.36 is to pay for the City's part of the engineering study to establish a feasibility study for the proposed Southwest to Northwest International Trade Corridor. It is based on a per capita formula. He said the City's part will not be disbursed unless the City of Amarillo agrees to participate in an agreement with the City of Lubbock to pay its pro rata share. Councilmember Owen asked if Amarillo had agreed to participate in this project? Mr. Jeffers said Amarillo's city council has not met yet, but will have met prior to the second reading of this ordinance. Mayor Pro Tem Hutcherson and Councilmembers Dickerson, Rosas, Owen, and McGehee voted in favor of the motion to approve with no one voting against the motion. Open Forum. Hear citizens requests and comments per Open Forum Policy. No one spoke on the Open Forum. 10. Closed Session. Deliberate the appointment, employment, evaluation, reassiglunent of duties, removal, discipline or dismissal of a public officer or employee, board, commission, or committee member, or to hear complaints or charges (Planning and Zoning Commission, Board of Adjustment, Human Relations Commission, Board of Minimum Housing Standards, Building/Fire Code Board of Appeals, Electrical Board, Health Department). Councilmember Owen moved to go into Closed Session. Councilmember Rosas seconded the motion. The motion passed unanimously and the Council went into Closed Session at 7:50 p.m. 11. Boards, Committees and Commissions. Consider appointments to: Human Relations Commission, Board of Adjustment, Planning & Zoning Commission, Building/Fire Code Board of Appeals, Plumbing Board, Electrical Board, Senior Citizens Commission, Parks Advisory Board, Board of Minimum Housing Standards, Board of Health. The Council reconvened in Open Meeting at 7:58 p.m. Councilmember Owen moved to appoint Jimmy Davis to the Electrical Board and re-appoint Robert Jameson to the Board of Adjustment. Councilmember Rosas seconded the motion. Mayor Pro Tem Hutcherson, and Councilmembers Dickerson, Rosas, Owen and McGehee voted in favor of the motion. 12. .Adjournment. Councilmember Owen made a motion to adjourn and it was seconded by Councilmember Dickerson and by unanimous consent Mayor Pro Tem Hutcherson declared the meeting adjourned at 8:00 p.m. PASSED AND APPROVED on January 13, 1998. Khren McBeth, C~y Secretary Page 4 of 4