Loading...
HomeMy WebLinkAbout96 0528 min~ MINUTES CITY COUNCIL MEETING Ciry of Plainview May 28, 1996 ~~ The Plainview City Council held a meeting at 7:30 p.m., Tuesday, May 28, 1996 in the Council Chambers of the Plainview Ciry Hall at 901 Broadway. The Council met in Pre-Session at 7:00 p.m. Notice of this meeting was posted in City Hall on May 22, 1996, at 5:00 p.m. Mayor Lloyd C. Woods presided. Councilmembers present were: Alton Jackson Sr.-Precinct 1, Mary Virginia:Kirchhoff-Precinct 2, Rey Rosas-Precinct. 3, Mike Hutcherson-Precinct 4, Ross Owen- . ~ Precinct 5, Bobby R. McGehee-Precinct 6, and Irene Favila-Precinct 7. Staff members present were: James P. Jeffers-City Manager, Ches Carthel-Director of Public works, John Castro-Director of Community Services; Roland Asebedo-Assistant Fire Chief, Dale Simpson-Civil Service Director, Michael Carroll-Plainview Police Department, Norman I~ Huggins-Director. of Finance and Karen McBeth-City Secretary. News media present were:. Richard Orr-Plainview Daily .Herald; Steve Barrett-Lubbock Avalanche Journal, Wayland, Baptist University television crew. ~ OPEN MEETING 1. Invocation -The Honorable Ross `Owen 2. Recognitions/Oath of Office. -There were none. 3. Consent Calendar - Councilmember Irene Favila moved the Consent Calendar be approved as presented; Councilmember Mike Hutcherson seconded ..the motion; the motion carried unanimously among the seven councilmembers present. a) Minutes were approved. b) Departmental Reports were accepted. ~ c) Expenditures were approved. d) Budget Amendment' -Parks. Ordinance No. 96-3076.. An Ordinance of the City of Plainview amending Ordinance No. 95-3056, the 1995-1996 Budget of the Ciry of Plainview, to appropriate funds for the improvement of .bleachers at the Jaycee Baseball Park. Second and Final Reading.. Approved. e) Budget Amendment -Texas Coalition of Cities on .Franchise Utility Issues. Ordinance No. 96-3079.. An Ordinance amending Ordinance No. 95-3056 to appropriate .funds in the 1995-1996 Budget for the participation of the Ciry of Plainview in the Texas Coalition of .Cities on Franchise Utility Issues. Second and Final Reading. Approved. 1 of 5 i I ~....,.....i °,, fj Plumbing Code Amendment. Ordinance No. 96-3072. An Ordinance amending the City of Plainview Code of Ordinances, Chapter 20, adopting the 1994 ~ .. Y Uniform Plumbing Code with amendments; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. Second and .Final Reading. Approved. g) Electrical Code Amendment. Ordinance No. 96-3080. An Ordinance of the City of Plainview, Hale County, Texas, amending Chapter 4, Electricity, Section 4.1 of the City of Plainview Code of Ordinances to delete the Block & Associates .exam score from subparagraph 2; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. Second and Final Reading. Approved. REGULAR AGENDA ITEMS 4. Street Renaming -North Broadway from Campbell. Street to Bullock Street. ..Ordinance No. 96-3073. An Ordinance of the City _of Plainview providing for a portion of North Broadway St., From Campbell. Street to Bullock Street, to be renamed Walter Jackson Street; Cumulativeness clause; Severability clause; Conflicts clause; And effective date. Second and Final Reading. Councilmember Mike Hutcherson made a .motion that Ordinance No. 96-3073 be approved as presented; Councilmember Irene Favila seconded the motion. Councilmember Alton Jackson Sr. `said that Rev. Walter Jackson had not only been a long time employee for the City of Plainview, he was an inspiration to the community and was a fine role model for all the young ~.___,r people in the community and he wanted this small .change made to honor Rev. Jackson as proof that it did pay to be a good example. and to do the right thing.. On a roll call vote, each Councilmember voted in favor of the ordinance, and the motion carried unanimously. 5. Street Renaming -North Beech Street from 13th Street to Bullock Street. Ordinance No. 96-3074. An Ordinance. of the. City of Plainview providing for a portion of North Beech Street, from 13th Street to Bullock Street,. to be renamed .Sam Hearn Street; Cumulativeness clause; Severability clause; Conflicts clause; And effective date. Second and Final Reading. Councilmember. Alton Jackson made a motion that. Ordinance. No. 96-3074 be approved as presented. Councilmember .Rey Rosas seconded the motion. Once again, Alton Jackson .reviewed the ordinance stating that Rev. Sam Hearn had. been the founder of the Happy Union Baptiste Church, possibly. one of the oldest churches in the community, and he had led and exemplary life for. everyone to follow. He said this would honor Rev. Hearn's memory and serve as an example for .young people and encourage them.. Councilmember Mary Virginia Kirchhoff said .she :remember Rev. Hearn and agreed"that the community had a most pleasurable relationship with him. The city secretary called. the roll of the Council and all seven members voted in favor of the ordinance, therefore it passed unanimously. 6. Budget Amendment -Diversity Training. Ordinance No. 96-3075. An Ordinance of 2 of 5 the City of Plainview amending Ordinance No. 95-3056, the 1995-1996 Budget of the City of Plainview, to appropriate funds for consulting. services for a community.. wide diversity task force. First Reading. Councilmember Irene Favila anoved to approve ordinance No. 96-3075, which was seconded by Councilmember Rey Rosas. City Manager Jim Jeffers reviewed the ordinance, explaining that several .months. ago, prior to the' ast city election, the .Council :had begun a diversity study program o as to better understand not only one .another, ..but to better :understand all of the diverse citizens which 'make up .our community. He aaid that "diversity" means "a difference, than makes a difference.." He said diversity training is not special training for minorities, nor is it anti-dominant. He said. it was merely an overt action toward better .understanding our fellow man, because we are all. different, one from another. He stated that Dr. Richard Lewis will. do he diversity training,, as he has. already conducted such classes for the `Police Department. Mr. Jeffers said the Council has had one such session with Dr. Lewis. A poll of the Councilmembers produced seven "yes" votes, without a "no".vote.. The Qrdinance passed. 7. Plat -Westgate Subdivision Unit No. 4. Consider final plat. Alton Jackson Sr moved to approve the .plat as ubmitted. Rey Rosas seconded this. motion.. Director of Public Works Ches Carthel reviewed the plat being considered. It is for the development of 12 acres, of land in the Westgate Subdivision by the Betenbough Company. He explained that prior to this plat request the Betenbough's had requested some variances but due to disapproval of the neighboring residents the requested variances were withdrawn. This plat is submitted with no variances and the Planning and Zoning Commission had recommended approval of the plat. Ross Owen asked what price .range the houses planned for this area will be? Mr. Sean Betenbough said they would' be from $59,900 to $89,900 over 46 lots. When asked for their vote each Councilmember voted in favor of the motion to approve, without a no vote. 8. Specific Use Permit. ZONE CA5E NO. 629. Ordinance No. 96 3082. An Ordinance authorizing the issuance of a Specific Use Permit to Wylie A. Kope, Loretta Jean Kope and James R. Edwards, to operate a private club in a C3, Commercial. General Business District, 3416 Olton Road; Cumulativeness clause; Conflicts. clause; Severability clause; And effective date. First Reading. Irene Favila made a motion. to approve Ordinance No. 96-3082 and it was seconded by Rey Rosas. Mr. Jeffers reviewed the "private club" issue, stating that while the state legislature made provisions for cities and counties to be "dry" they. also made provisions for the existence of private clubs within these areas and cities have to create places for them. He said we do have to allow them to exist. A specific use permit allows them in some areas, and it also allows cities ~ to place a degree of restrictions on them.- Director of Community. Services John :Castro displayed. a map of the location.. He said .most: of the restrictions have been. complied with and the prospective manager. has cooperated completely.. Mike Parker, 805 Itasca, spoke against granting the Specific Use Permit because patrons of the private. club, under its prior management, allowed people to parkin the back of the building and ~ 3 of 5 9, i j ~~. ,, i _~N ~, ~~., r` they exited via Itasca creating a traffic problem. He said the noise level from the music was disturbing and its proximity lowered the value of his property. Earl Willis, 817 Itasca, complained about the noise level. He said the parking in the alley is a nuisance and in the past he has had a problem with people who left the club. and drove across his property. Robert Carter, 1205 Utica, who is the chairman of the Planning and Zoning Commission, said he has listened to these same arguments and he has a lot of sympathy for these property owners, but the Commission had no .legal alternative. but to .recommend approval of the permit with restrictions: He said these restrictions. are to be reviewed in six months.. He said he hoped that with the.. restrictions placed in the Specific Use Permit and the cooperation of the new management, some of these problems might be eliminated. Mrs. Loraine Meriwether, 815 Itasca, .complained about cars being parked behind the building, and the fact that they do not keep the. back door closed. She said they also use residential trash containers as opposed to the commercial ones supplied for the private club's use. James Edwards, the person asking for the permit, told the Council he has operated a similar club in Briscoe County for 10 years and has always .complied with the strict guidelines set out by the community and the Texas Alcoholic Beverage. Commission. He said he wanted to be a part of .the Plainview community, and he certainly had no intention of contributing to any of these problems. He said he fully intended to comply completely with the restrictions within the permit. Bobby McGehee made a motion to table. this ordinance for further study. Rey Rosas seconded the motion. When polled by the city secretary, all seven council members voted in favor of tabling this item. 9. Open Forum. Hear citizens requests and comments per Open Forum Policy: No one had asked to speak in this portion of the meeting. 10. Alton Jackson made a motion to go into Closed Session; Rey Rosas seconded the motion and it carried by unanimous consent. Closed Session. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges. (Consider appointments to the Infrastructure Bond. Advisory Committee). This meeting is authorized by [TEX. GOV. CODE ANN. §551.074, 551.075 (Vernon 1994)]. Closed Session. Discussion of pending or contemplated litigation. (LULAC v. City of Plainview et al.) This meeting is authorized by [TEX. GOV. CODE ANN. §551.071 (Vernon 1994)]. 12. Boards, Commission and Committees. Consider appointments to the Infrastructure Bond Advisory Committee of the City of Plainview. When the Council reconvened in Open Meeting, Ross Owen made a motion that the following people be named to the Infrastructure Bond Advisory Committee: Clarence Denton, Lloyd Belk, Larry Dickerson, Donny Phillips, Robert Ray Jameson, John N. Bertsch, Jimmy Rogers, Ron Gammage, William Davis, B.D. "Doc ° Cross, Rocky Favila, Cynthia Quintanilla, Grady L. Elder, Jr. , Pat Smith, Lucille Witten, Larry McBee, Benjamin Ola Akande, and Don Dickson. Mike Hutcherson seconded the motion.. When polled every Councilmember voted in favor of this motion. The motion carried unanimously. 4of5 Mary Virginia Kirchhoff made a motion that Paul Drager be appointed to the Infrastructure Bond Advisory Committee, Mike. Hutcherson seconded the motion. On a roll call count Precinct 1, `~_,_; Precinct 2, Precinct 4, Precinct 5 and Precinct 6 voted in favor of the motion. Precinct 3 and Precinct 7 voted against the motion. Mr. Drager was appointed to the committee. Alton Jackson Sr. moved to appoint Irene Morales to the Infrastructure Bond Advisory Committee, Rey Rosas seconded the motion. On a roll call vote Precinct 1, Precinct 2, Precinct 4, Precinct 5, and Precinct 6 voted against the motion. Precinct 3 and Precinct 7 voted in favor of the motion. The motion failed on a vote of 5 to 2. Ms. Morales was not named to the committee. At this. point Councilmember Rey Rosas removed Norma Saenz name from the field of nominees, so no vote was taken on Ms. Saenz. 13. Litigation - LULAC. Consider action per discussion in Closed Session. No action was taken on this item. 14. Adjournment. Ross Owen made a motion to adjourn. Mike Hutcherson seconded the motion. The motion carried unanimously and the meeting adjourned at 9:20 p.m. Passed and approved on June 11, 1996. ~ ' ,.'-~--o~'~-- Lloyd C. Woods, Mayor ATTEST: ~~~ ~ .. K en McBeth, .City. Secretary 5 of 5 ;,