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HomeMy WebLinkAbout85 0625 minc~Y c0UNC~L m~T~G June 25, 1985 COUNCIL CHAMBERS 7:30 P.M. The Plainview City Council met in a regular City Council meeting at 7:30 p.m. on Tuesday, June 25, 1985 at City Hall in the Council Chambers with Mayor Ridlehuber presiding and the following present: Counci~rs; Andy Taylor, Junior Brown, Bobby James and Tom Ad_~y. Staff present: City Manager Jim Jeffers, Bob, Richards, Tom Hamilton, Bill Hogge, Johnnie Ballew, Norman Huggins, Buddy Dodson, and Sheryl Mayor Ridlehuber opened the meeting at 7: 30 p.m. Mayor read a tribute to Director of Public Works, Bill Hogge for being the recipient of the 1985 Chapter Service Award by the Texas Cahpter of the American Public Works Association. Mayor then announced the winners of the Cost Saving I~eas Awards and present the checks. Zone Case No. 507. (Public Hearing) Mayor. presented Zone Case No. 507, Request of Marie Mangum for rezoning Lots 5 & 6, Block 23, Original Town Addition frc~ a CBD (Central Business District) zoning district to a 'CGB (Cc~nercial General Business) zoning district, located at 311 Ash Street. Bob Richards explained'~ zone case No. 507. It was moved by Alderman Aday seconded by Alderman Brown to call the public hearing. M~tion carried unanimous. Mr. COtton Bownds explained that he planned to put in a Boat Repair Shop at 311 ASh. Those speaking against the zone change were: Susan Alvarez and ~Carlos Gonzales. It was then moved by Alderman Taylor seconded by Alderman Brown to close the public hearing. Fbtion carried unanimous. Zone Case No. 507. Mayor presented for consideration on second and final reading Ord{nance No. 85-2592 entitled, "Ordinance amending zoning ordinance no. 82-2478, and the-official zoning map of the City of Plainview so as to make the following changes: Zone Case No. 507, request of Marie Mangum for rezoning Lots 5 .amd 6, Block 23, Original Town Addition frcm a CBD (Central Business District) zoning district to a CGB (Central General Business) zoning district, located at 311 ASh Street." It was moved by Alderman Aday seconded by Alderman James to deny the zone change. ~btion carried unanimous. Zone Case No. 508. Mayor presented for a public hearing; Zone Case No. 508, Request of Bill Nichols for a~specific use permit to serve alcoholic beverages (beer only) in a CRD (Con~ercial Retail District) zoning district being a 0.47 acre tract 'o-f land out of the northeast part of Block 6, High School Axtdition and located at 2105 Dimmitt Poad. It was moved by Alderman A~¥ seconded by Alderman Jam~s to open the public hearing. Motion carried unanimous. Bob Richards explained the zone change request. · Mattie Nichols, C.M. Peterson, Phyllis Kovar, Don Catlett, and Bill Nichols. Those speaking against the zone change were: Bob Noblett, John O'Tile, Ron Watts, Wayn~e Lee, Bill Keel, John Peck, and Wayne -'- Those sDeakin~ ~n the rebuttal; BOb Bass, C.M. Peterson, Morton. ~- ~ Mattie Nichols, Teresa Majors, and poland M~Dutcheon. Those speaking against on the rebuttal; John O'Tile, BDn Watts, Bill Keel, Wayne Lee and Raymond Hackett. It was then moved by Alderman Ad~_~y seconded by Alderman Taylor to close the public hearing'. ~tion carried unanimous. Zone Case No. 508. Mayor presented for consideration on second and final reading Ordinance No. 85-2593 entitled, "Ordinance amending zoning ordinance no. 82-2478, and the off~'cial zoning map of the City of Plainview so as to make the following changes: Zone Case No. 508, request of Bill Nichols for a specific use permit to serve alcoholic beverages 0~er only) in a CRD (Commercial Retail District) zoning district, being a 0.47 acre tract of land out of the northeast part of Block 6, High School Addition and located at 2105 Dinm~tt Road. It was moved by Alderman to deny tb~ ordinance; Motion died due to lack of second; Alderman Aday then moved to adopt the ordinance, motion died due to a lack of second'. Ordinance then failed due to lack of motion. Mayor Ridlehuber called a recess. During the recess Attorney BOb Bass asked ~t-the City. Council take a formal vote on tb~ motion for the record on Ordinance No. 85-2593. After the recess, it was moved by Alderman Aday seCOnded by Alderman James to adopted Ordinance No. 85-2593, the motiOn ~ail~ as follows: For - Aday; ~ainst - Taylor, Brown and James. The MDtion failed. S~D. Lloyd Woods spok~ on the Single Member District issue to the City ~m/ncil ' Consent Calendar. Jim Jeffers presented the following to be approved on consent. A) Minutes; B) Department Reports; C) Budget Expenditures D) Consideration on second and final reading Ordinance No. 85-2594 entitled, "Ordinance prohibiting the depositing of garbage, trash, rubbish, ashes, or miscellaneous waste in any trash container or unit owned by the City of Plainview without the payment of a user fee to the City of Plainview; and providing a penalty." E) Consideration of Resolution No. R85-852 entitled, "Resolution of the City Council of the City of Plainview, Texas authorizing the award of bid for certain sanitary sewer improvements." F) C~nsideration of Resolution No. R85-855 entitled, "Resolution of the ~. City Council of the City of Plainview, Texas approving the prelimio~nry plat of Ezzell Addition, Plainview, Hale County, Texas." G) Consideration of Resolution No. R85-856 entitled, "~solution of the City Council of the City of Plainview, Texas approving the preliminary plat of Junior High b~dition, Unit No.3, Plainview, Hale County, Texas." H) Consideration of Resolution No. R85-854 entitled, "Resolution of the City Council of the City of Plai~view, Texas appointing individuals to serve on the Plainview Industrial Develo~z~-nt Authority, Inc., Board of Directors." I) Consideration of Resolution No. R85-858 entitled, "P~solution of the City Council of the City of Plainview, Texas awarding the bid for radio equipment for the Plainview Fire Department ~ergency M~dical Service." J) Consideration on first reading, Ordinance No. 85-2595 entitled, "Ordinance amending zoning ordinance No. 82-2478, an~ the offical zoning map of the City of Plainview so as to make the following changes: Zone Case No. 510, request of Baym~nd Ezzell for rezonJ_ng a tract of land frc~ an R-1 (Single-family Residential) zoning district to a CRD (Cc~m~rcial P~tail District) zoning district for commercial uses, located at 2201 West 24th Street and calling for a public hearing to be held on July 9, 1985." K) Consideration of Resolution No. R85-857 entitled, "Resolution of the City Council of the City of Plainview, Texas authorizing the Mayor to execute an agreement with Baylor Law School for the loaning of the Charles Travis Baylor Law School Diploma. Mayor moved that the Council moved into an Executive Session for the discussion of personnel. PASSED AND APPROVED ~his_.gth. day off.July_, 1985. E V. RIDLTEHUBER, May TRANSCRIPT CITY COUNCIL MEETING June 25, 1985 Zone Case No. 508 (Request of Bill Nichols, Plainview Barbeque, 2105 Dimmitt Rd.) The Plainview City Council met in a regular City COuncil meeting at 7:30 p.m. on Tuesday, June 25, 1985 at City Hall in the Council Chambers with Mayor Ridlehuber presiding and the following Councilmembers present: Andy Taylor, Junior Brown, Bobby James and Tom Aday. Staff present: City Manager Jim Jeffers, Bob Richards, Tcm Hamilton, Bill Hogge, Johnnie Ballew, Norman Huggins, Buddy Dodson and Sheryl Owen. ZONE CASE NO. 508: ~ Mayor Ridlehuber called a public hearing on Zone Case No. 508 request of Bill Nichols for a specific use permit to serve alcoholic beverages, beer only, in a C.R.D. (Cc~m~rcial Retail District) zoning dist~-ict located at 2105 Dinmitt Road. It was moved by Alderman Brown seconded by Alderman James to call the public hearing. Motion carried unanimously. Mayor called the public hearing on Zone Case #508. Mayor Ridlehuber ask Bob Richards, Director of Planning to explain the Planning and Zoning Ccmmlission's recc~m~ndation. Bob Richards, Director of Planning explained that Zene Case No. 508 comes as an appeal to the Council; this case was heard at the May 23rd meeting and was denied by a 3-0 vote of the Co~L~ssioner's. Bob showed the audience the zoning map and explained how the area was zoned. Tom Hamilton, City Attorney spoke; This request for beer only has two legal consequences from the standpoint of enforcement, if it is passed the State does have laws that control the use of alcoholic beverages, therefore, frc~ the standpoint of filing any crimJ_nal chargesr for violation of sale of beer only, the City would not have the authority to do that. Another thing that needs to be pinted out is that the City has no ordio~nce that relates to the serving of food and the serving of alcoholic beverages in one establishment, consequently, any zone change that authorized the sale of alcoholic beverages would not necessary require that food be served in that establishment, which means that the owner could at his option cease serving food upon the granting of the specific permit and serve only alcoholic beverages ~n that establishment, and not be in violation of our ordinance. Mayor Ridlehuber then ask for those who would like to speak that w~re for the zone change: Those speaking for were: Bob Bass, Attorney for Bill and Mattie Nichols, C.M. Peterson, Phyllis Kovar, Don Catlett, and Bill Nichols. Mayor then ask for those who would like to speak against said zone change. Those speaking against were: Bob~Noblett, John O'Tile, Ron Watts, Wayne Lee, Bill Keel, John Peck and Wayne Horton. It was then moved by Alderman Aday seconded by Alderman Taylor to close the public hearing. Motion carried unanimously. Mayor presented for consideration on second and final reading Ordinance No. 85-2593 entitled, "An Ordinance amending zoning ordinance no. 82-2478, and the official zoning map of the City of Plainview so as to make the follc~ing changes: Zone Case No. 508, request of Bill Nichols for a specific use permit to serve alcoholic beverages (beer only) in a CRD (~rcial Retail District) zoning district, being a 0.47 acre tract of land out of the northeast part of Block 6, High School Addition and located at 2105 Dimmitt Road. It was moved by Alderman Taylor to deny the ordinance; Motion died due to lack of second; Alderman Aday then moved to adopt the ordinance, motion died due to a lack of second. Ordinance then failed due to lack of motion. Council Tom Aday spoke; Mr. Mayor let me just say one thing, I've had a problem with this thing all along that I didn't think it was right for this Council to approve a restaurant in a c~,~rcial zone in one part of town ~der~nO~t i~. another, there are differences in the two locations, but e nas Deen reference made tonight tb~t this is a dry community and Mr. Peterson said it's not a dry community, and I happen to agree with him and it is time for this conmunity to let us know where we stand. The liquor election that was held in 1938 in Hale County, how many people in this room voted in that election? We are faced up here tonight with making decisions that we have no idea how the cc~Tm~nity feels, I know how I feel and these few people here, but I don't know how our cc~n~nnity feels. We are living in the wettest County in Texas and if we don't come to the realization that that's what we've got and change what we have to a wet cc~n~nity so that our City can have some control over what occurs in the clubs and restaurants in the C~,£~unity, then we are sticking our heads in the sand forever, we are never going to be able to control it on a local level until that decision is made. This is a hard decision but I call on people in this coramn~ity to lets have an election and find out where we stand and give us sc~e direction and don't put us on the spot cause this is not the last timm it's going to occur I can promise you that. It is not a moral issue it is a zoning issue, the moral issue comes from the election. Let's find out where we are in this cc~munity, let,~s either move ahead or stay where we are, I want the people of this town to know where we are, not from 1938 but from 1985. Councilman Bobby James spoke; Mr. ~yor I would like to add to what Tom said in effect to what others have diluted to. We can't make decisions based on a vote that occurred many years ago, there are changes and there will be other request for specific use in this particular instance, the decision was made based upon, I felt, circumstances that existed for this particular request and that what we will be faced with on this Council concerning future applications. I do not know that the calling for an election would sit to well with everyone here tonight, cause there is gonna be some winners and son~ losers but I feel like as Tom has stated, I think that the time has come to get another choice made to put it to the voter. It's not an easy choice to be made but I would like to see that choice be given. Councilman Junior Brown spoke; Everyone is speaking of change here tonight, I guess I'll speak about change also. Our land is changing, these changes are such a magnitude that they can only be called historic. No institution or group of people are affected more or impacted more greatly than our towns and cities. We are faced with a great deal of the changes that are ccming about and these are difficult times for us, this Council, for the people we represent, which are you and the things we believe in. It is hard for us to get a handle on it if we don't really have any direction, we just have a certain group of people that con~ to us tiros after time. We need more input frc~ the cc~muni~ not only on issues such as this but various things that ccme up like Single Msmber Districts. So if you will as citizens come to us and let us know what it is that you want. As Tom and Bobby stated, maybe its time for a wet/dry election, it's ~ this is the change that we go through. We have the econc~ic situation of our City the group of people as a whole have changed, let us know as a conmunity as a whole. Councilman Taylor indicated he had nothing to add that he felt everything has been said. Mayor Ridlehuber then called for a recess.