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HomeMy WebLinkAbout96 0625 min7 MINUTES 'CITY COUNCIL MEETING City of Plainview June 25, 1996. The Plainview City Council held a meeting at 7:30 p.m., Tuesday, June 25, 1996 in the Council Chambers of the Plainview City Hall at 901 Broadway. The Council met in Pre-Session at 7:00 p.m. The agenda for this meeting was posted in Ciry Hall at 5:00 p.m. on June 19, 1996. Mayor Lloyd C, Woods presided. Councilmembers present were: Alton Jackson Sr.-Precinct 1, Mary Virginia Kirchhoff-Precinct 2, Rey Rosas-Precinct 3, Ross Owen-Precinct 5, and Bobby McGehee-Precinct $. Mike Hutcherson-Precinct 4 and Irene Favila-Precinct 7, were absent. Staff members present were: Jim Jeffers-City .Manager, .Norman Huggins-Director of Finance, Wally Hatch-City Attorney, Ches Carthel-Director of Public Works, John Castro-Director of Community. Services, .Dale. Simpson-Civil Service Director, Roy L. Osborne-Police Chief, Barbara Sullivan-Municipal Court Judge and Karen McBeth-City Secretary. News media present were: Steve Barrett-Lubbock Avalanche-Journal, Richard Orr-Plainview Daily Herald, and Wayland Baptist University television crew. OPEN MEETING 1. Invocation -The. Honorable Lloyd C. Woods. 2. ' Pledge of Allegiance -City Manager Jim Jeffers. 3. Recognitions -John Sigwald, Librarian was recognized for being named to the Texas Bluebonnet Awards Committee of the State of Texas. He is one of seven librarians chosen to be appointed to this committee. .Municipal Court Judge Barbara Sullivan was recognized for service to the City of Plainview for ten years. Mr. Jeffers gave her a ten year pin.. 4. Consent Calendar -Councilmember Ross Owen moved to approve the Consent Calendar as presented. The .motion .was seconded by .Councilmember Rey Rosas.. The five Councilmembers present voted unanimously to in favor of the motion. a) Minutes were approved. b) Departmental Reports were accepted. c) Expenditures were approved. 1 of 5 d) Building Permits. Ordinance No, 96-3083. An Ordinance of the city of Plainview; Hale County;.-Texas,. waiving the permitfees established. in Chapter 6, .Article 1 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. Second and Final Reading. Ordinance 96-3083 was approved. e) Water Extension - S. Business I27. Consider extencling water: service on S. Business.. I27 and establishment of a water rate for said service. Approval o consider was granted. f) Plains Mobile, Home Park. Consider request for individual meter service. Approval to .consider request was granted. g) Speed .Limit -School Zone -High School.. Ordinance No. 96-3084. An Ordinance of the City of Plainview, amending .Sec.: 24-160 School Zone _designating Quincy Street between West 13th Street and West 16th Street as a school zone. First Reading.. Approved for first reading. h) Work Session Cancellation. Consider cancelling the July 4, 1996, Work Session due to the Holiday. Work Session cancelled. 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; Severability Clause;. And effective date. Second and Final Reading. Councilmember Rey Rosas made a motion to approved Zone Case .629, Ordinance No. 96-3082, as presented and Councilmember Alton Jackson Sr. duly seconded the motion. Director of Community Services John Castro reviewed the Specific Use Permit requested. He explained the history, briefly, .for this location and the specific use permit process. He said the ~~ applicant far the Specific Use Permit, as .well as the property itself, has .been approved by the II Planning and Zoning .Commission. The property is outside the proximity .limit area to both residences and churches. The .parking area is adequate and the shopping center total parking '~ paragraph of the Code of Ordinances specifically excludes private clubs. City' Attorney Wally. Hatch stated that a simple majority can pass the ordinance. It does not require a 3/4 vote of the Council, as it is an amendment; not a change of classification or of boundaries. He also stated that notification those in the area was,not a requirement. 2of5 I ~~.. ~,~ Mayor Woods asked if .anyone .wished to speak in favor. of the ordinance. No one spoke. Mayor Woods asked if anyone wish to speak against the ordinance. Mike Parker, 805 Itasca, spoke saying: that he believed the Council should not pass this ordinance on the grounds that it would not be in the best interest. of the community. He said the: City did not need any more bars or private clubs in the shopping center, which is located directly behind his house. He gave Mayor Woods a list of signatures of 345 people opposed to this permit. Gene Arrington, 809 Itasca, saidthe.. opening of another bar would not enhance the neighborhood. Louis Wallace, 812 .Itasca, said he did not believe it was in the best interest of the neighborhood to have another private club behind them.. Mayor Woods asked the Council. for .their remarks. Councilmember Ross Owen stated the Council was: not casting a vote in favor of alcohol consumptions. The only issuethe Council is addressing is an application, which has mete all of the requirements, with .much case law supporting the fact that the Council does not. have a legal reason for declining the permit on the grounds that it is not in the "best interest" of the community. He said that he would not be a good steward of public trust as a Councilmember to decline the request.. He said he would not expose the City to litigation, which has proven to go against the City in just such a case, at the same location in years past. Councilmember Alton. Jackson Sr. said he sympathized with those living in the neighborhood, but while the entire Council really cared how they felt, legally. the Council is required to look after the entire community and this is what he had to do. Mary Virginia Kirchhoff, .Councilmember Precinct 2, said the. Council. is required to deal with rules, regulations; .and .laws that are formulated. by those in a higher government than city council and as a member of the Plainview City Council, she must uphold the laws of the City, State and Federal Government. She said it was not her right to rule against citizens who have the law in their .favor. She said she did not have the right to expose the City of Plainview to the potential liability, in which she was sure the City would not win. Rey Rosas-Councilmember Precinct 3, remarked that it was a difficult decision and the Council and Staff have looked at from every angle. He stated he was concerned about the parking and traffic in the alleyway.. He said he believed there were too many clubs in the area already and it was time .for the Council to stand for what. they believed in. The vote was taken and those Precincts voting in favor of the motion to approve were: Precinct 1, Precinct 2, and Precinct 5. Those Precincts voting against the motion were: Precinct 3, and Precinct 6. The motion carried with three votes in favor and two against. Ordinance No. 96-3082 passed and the Specific .Use Permit. is approved, with stipulations. 6. Parks -Running Water praw Regional Softball Fields. Consider entering an agreement ~ ,"; with 'the YMCA for operation of the softball fields and. a concession stand. Ches Carthel, ~._ . 3 of 5 Director of Public Works, explained that the proposed agreement is for three years and is a .repeat of >the agreement of last year, only for a longer period.. The contract covers the responsibilities of the .YMCA concerning an adult league, a concession agreement and holding a tournament. Richard Galle, Director of the YMCA, reported that theyhave had over 30 teams involved in this program. _ He said it is ;a good program and hopes to make it even better. He said there. are a lot of people using, the Park and he hopes to continue with the program. . Councilmember Rey Rosas moved to approve entering into a three year agreement-with the YMCA for operation of the softball fields and a concession stand; Counclmember Ross Owen seconded the motion.. When polled, the Council voted .unanimously in favor of the motion. ', 7. Energas.-Rate Suspension. Resolution No. R96-123. A Resolution of the City Council of .the .City of Plainview, Texas, suspending the effective date of ahe proposed increase. in gas utility rates of Energas Company: for 90 days; .Authorizing. the participation of the City of Plainview; Texas, with other service area cities located within the West Texas distribution. system. of Energas Company in a steerug_committee inquiring- into. the reasonableness of the ii Energas Company rates; Naming a representative to the steering committee; And providing an effective date. Director of Finance Norman Huggins told the Council that on May 31, the City received a letter from Energas stating their intent to raise the natural gas rate. The proposed resolution gives the City, along with other cities, time to study the rate increase and the City has the right to make such a resolution according to State law... Ross Owen moved that the Council adopt Resolution No. R96-123; Alton Jackson seconded. the motion. Every Councilmember voted in favor of themotion to approve. Resolution No. R96-123 passed unanimously. 8. Open Forum. Hear citizens requests and comments per Open Forum Policy. Bruce Rider spoke during the Open Forum. portion of the meeting... He said he felt it was time the Council, and others in the community, stopped engaging in blaming every .disagreement on racism.; He went on to say that the place for this. to stop is in City government, .particularly the City Council. He said the Council should lead by example and. the time to start was now. 9. 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.) 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).] A Closed Session was not held.. 10. Boards, Commission and Committees. Consider appointments to the Bond Infrastructure Advisory Committee of the. City of Plainview.. No appointments were made. I j 4 of 5 w~t~ ~> I ~.,s } ~_._r~ r --- ~~ -~, 11. Litigation.. LULAC - Consider:.action per discussion in Closed Session. No action was I taken. ~,..V 12. Adjournment.. Ross Owen. moved the meeting adjourn. Alton Jackson Sr. seconded the :motion, the motion carried unanimously among the seven Councilmembers present. Passed and approved on July. 9, 1996. Lloyd C. Woods, Mayor ATTEST: en McBeth, City Secretary I ~.-,~.~ I -,, i ~.~ ,.~ 5 of 5