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HomeMy WebLinkAbout96 0611 min~ _~' MINUTES CITY COUNCIL MEETING City of Plainview .TUNE 11, 1996 The Plainview City Council held a meeting at 7:30 p.m., Tuesday, June 11, 1996 in the Council Chambers of the Plainview City Hall at 901 Broadway. The Council met in Pre-Session at 7:00 p.m. Notice of this meeting was posted at City Hall at 5:00 p.m. on June 5, 1996. Mayor Lloyd C. Woods presided. Councilmembers preent were: Alton Jackson-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, Wally Hatch-City Attorney, John Castro-Director- of Community Services, Ches Carthel-Director of Public works, Roland Asebedo-Assistant Fire Chief, Roy L. Osborne-Chief of Police and Karen McBeth-City Secretary. News media present were:. Steve Barrett-Lubbock Avalanche Journal, Richard Orr-Plainview ~r Daily Herald, and the television crew from Wayland Baptist University. .OPEN MEETING 1. Invocation - The Honorable Bobby R. McGehee 2. Pledge of Allegiance -Mayor Woods led the Pledge of Allegiance. 3. Recognitions/Oath of Office -Mayor Woods presented City Manager .Jim 7effers with a Certificate of Appreciation. 4. Consent Calendar -Councilmember Ross Owen made a motion to approve the Consent Calendar; Councilmember Alton. Jackson seconded the motion. The motion carried with Precincts 1, 2, 3, 4, 5 and 6 voting in favor of the motion. Councilmember Irene Favila, .Precinct 7, did not vote due to a declaration of Conflict of Interest on item (e) of the Consent Calendar. The motion passed: a) Minutes were approved. b) Departmental Reports were accepted. c) Expenditures were approved. ~ ~ d) Budget Amendment -Diversity Training. Ordinance No. 96-3075. An Ordinance of the .City of Plaining amending .Ordinance No. 95-3056, the 1995- ,. l of 5 ~. 1996 Budget of the City of Plainview, to appropriate funds for consulting services for a community wide diversity task force. Second and Final Reading. Passed .and approved on final reading. e) Building Permits. Ordinance No. 96-3083. An Ordinance of the City of Plainview, Hale County, Texas, waiving the permit fees established in Chapter 6, Articlel of the Code of Ordinances, No. 94-2995; Regarding building permit fees for. the purpose of renovation and repairs from the Housing Preservation Grant Program administered by Motivation, Education and .Training; Cumulativeness clause; Conflicts. clause; And effective date. First Reading. Approved for first reading. REGULAR AGENDA ITEMS 5. Specific Use Permit -Zone Case 629. Ordinance No. 96-3082. An Ordinance authorizing the issuance of a Specific Use Permit to operate a private club in a C-3, Commercial General Business District, 3416: Olton Road; Cumulativeness clause; Conflicts clause; Severabilty clause; And effective date. First Reading. Councilmember Mike Hutcherson moved to. approve Ordinance No. 96-3082, for a Specific Use Permit. Irene Favila seconded the motion. ~~ John Castro, Director of Community Services, reviewed all of the issues concerning this Specific Use Permit request. He reviewed the location, stating this location has been operated as a ., private club since 1986 under one proprietor or another. He reviewed the history of specific use permitting process for this location. He said the City Council. has previously granted Specific Use Permits for the sale of alcoholic beverages to at least two other applicants within two years of this current request. He said at the present time there were at least six other premises lawfully selling alcoholic beverages under state law and/or city ordinances within one-quarter mile of this location. He reviewed the history of this location regarding parking and there is a dedicated easement regarding parking for this locale. He reported the Planning and Zoning Committee had. voted to approve this request with stipulations, those being:. The back door be used for loading and unloading, and as an exit only in an emergency; The rear door be kept closed during the hours the club is open; No deliveries made after 5:00 p.m.; Signs to be posted on the fence in the rear prohibiting parking; A gate with a fire escape latch on the rear fence with a double gate that is to be kept locked.; and the Council to review this permit in six months to insure that all stipulations set forth are followed. ,, `~ , Councilmember McGehee moved to amend. the motion to approve by adding further stipulations that the solid fence in the rear be kept in good repair; that security lighting be provided in the rear; a door with an audible panic alarm be installed at the rear; and the outside be well maintained with no trash accumulation. The Council voted unanimously to approve these amendments to the original motion to approve. 2of5 The Mayor .asked for public comment. Mike Parker, 805 Itasca, spoke against the Specific Use .Permit stating there were too many clubs there already and it created a noise and trash hazard. He believed it was too close to residences and churches to be legal. Mrs. Loraine Meriwether, Alice Lewis and Earl Willis, who also live on Itasca directly behind this location, expressed their .object to a Specific Use Permit allowing the club to open. Mayor Woods called for the vote: Precincts 1, 2, 4, and 5 voted in favor of the motion to grant the permit, as amended. Precincts 3, 6 and 7 voted against the motion. the motion carried on the. vote of four to three, for the first reading. 6. Water -Excel.. Consider authorizing City administration to enter into formal negotiations .with Excel Corporation for the City to provide water to Excel Corporation plant north of the City. Director of Public Works Ches Carthel, reported to the Council that Excel Corporation has requested permission to purchase approximately. l.6 million gallons of water per day from the City of Plainview. He said that at the present .time the City could accommodate the sale of this amount of water without putting the rest of Plainview at risk. He said that we are only using. 85 % of our allotment from the Canadian River Municipal Water Authority. He said there were two proposals for exactly how this water would be routed to Excel. Whichever route is finally chosed will be paid for by Excel. Bobby McGehee asked if the sale of this water would interfere with water pressure in the City or the availability of water'to the citizenry.. Ches Carthel said no it should not. Steve Mellinger, General Manager of Excel, addressed the Council staring he hoped the Council would approve entering into formal negotiations with Excel for supply them with water. He said that currently Excel had 1,750 people employed and 75 % of them lived in Plainview. He said Excel had a $44 million dollar payroll. He said at the present time their water supply comes from wells on their property- and the waste water they generate is used to irrigate anear-by farm. He said any interruption. in water supply resulted in closing down the processing plant. He said their efficiency depended upon a reliable water supply. He said the water table they were pumping from was being depleted and buyering water from the City would stop their part of this water depletion. He stated their options for a reliable water supply was to purchase more land on which they would drill more wells; buy water rights from adjacent property owners; or tie on to the City water supply system. He believed that tying on to the City water system and using Lake Meredith water benefitted Excel as well as the City of Plainview. He also said Excel planned to expand at a cost of $55 million over the next four years. Councilmember Bobby McGehee asked how the well water they were .presently using was treated; Mr. Mellinger said it was treated .very similarly to the City water treatment, with chemicals and chlorination. He said that other options for acquiring water were less expensive, they were not the most reliable and over-the long term, purchasing water from the City was the most beneficial and reliable. ,. Councilmembers from Precincts 1, 2, 3, 4, 5, 6 and 7, all voted in favor of authorizing City 3 of 5 administration to enter into formal negotiations with Excel Corporation to sell water to their plant, north of the city. None voted against it. 7. Open Forum. Hear citizens requests and comments per Open Forum Policy. No one spoke in the Open Forum. S. Closed Session. .Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges. (Board, Commission and Committees. Consider appointments to .the Bond Infrastructure Advisory Committee. Consider appointing Council Liaison positions).. 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).] Closed Session. Discussion of pending or contemplated litigation. (ADM). This meeting is authorized by [TEX. GOV. CODE ANN. §551.071 (Vernon 1994).] Councilmernber Ross Owen moved the Council go into Closed Session; Rey rosas seconded the motion. The motion carried unanimously among the seven councilmembers present. 9. Boards, Commissions and Committees. Consider appointments to the Bond Infrasctucture Advisory Committee of the City of Plainview. Consider appointing Council ~, Liaison positions. Following the closed. Session, Mike Hutcherson made a motion that the following Liaison Appointments be approved: Alton 7ackson to the Housing Authority and Parks Advisory Commission; Mary. virginia Kirchhoff to the Canadian River Municipal Water Authority, Prairie HOuse Living Center and Wayland's Museum of the Llano Estacado; Irene FAvila would be Liaison to the Youth Advisory Commission and Minimum Housing Standards Board; MIke Hutcherson to be Liaison to the Plainview/Hale County Board of Health and Prairie House Living Center;. Rey Rosas be Liaison to the Human Relations Commission, the Library Board and the Plumbing Board; Bobby McGehee would be Liaison to the Board of Adjustment and the Planning and Zoning Commission; and Ross Owen would be Liaison to the Airport Board, Building Code/Fire Code Board of Appeals and Electrical Board. Ross Owen seconded the Motion. All seven precincts represented voted to approve the motion.. Mayor Lloyd Woods nominated Bobby R. McGehee to also be appointed Liaison to the Canadian River Municipal Waer Authority. Rey Roses made a motion to approve this nomination, and Mike Hutcherson seconded the motion. The motion was passed unanimously by all seven councilmembers present. 10. Litigation.. LULAC -Consider action per discussion in Closed Session. No action was taken on this item. 11. Litigation.. ADM -Consider action per discussion in Closed Session. Councilmember 4 of 5 Mike Hutcherson made a motion that Mr. Jeffers be authorized to proceed with the settlement of this litigation as discussed in Closed Session; Rey Rosas seconded the motion. Councilmembers of all seven precincts voted in favor of the motion, therefore it passed unanimously. 12. Adjournment. Rey Rosas moved to adjourn the meeting;. Alton Jackson seconded the motion and carried unanimously among all councilmembers present. Mayor Woods declared the meeting adjourned at 9:27 p.m. Passed and approved on June 25, 1996 o " ~° Lloyd C. Woods, Mayor ATTEST: r/ ~.~. ~ PJ .. K:~ren McBeth, City Secretary ~~ ~, ~~~_ _~ ,_ } 5 of 5 ~_,