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HomeMy WebLinkAbout85 0122 min trans (2)City Council Meeting January 22, 1985 Zone Case #498 (Request of Tim Johnson, E1 Jardin Restaurant, 3301 Olton Rd.) The Plainview City Council met in a regular City Council meeting at 7:30 p.m. on Tuesday, January 22, 1985 at City Hall in the Council Chambers with Mayor Ridlehuber presiding and the following Councilmembers present: Barbara Dorman, Andy Taylor, Junior Brown and Bobby James. Staff present: City MaD~ger Jim Jeffers, Johnnie Ballew, Norman Huggins, Bill Hogge, Bob Richards, Mike McDonough, Tc~ Hamilton Buddy Dodson and Sheryl Owen. ' ZONE CASENO. 498: Mayor Ridlehuber presented the request of Tim Johnson for a specific use permit to serve alcoholic beverages in a Cc~r~rcial Retail District located at the E1 Jardin R~staurant and to call a public hearing. It was movedbyAlderman Taylor seconded byAld~Dorman to call a public hearing on said request. Bob Richards, Director of Planning spoke; This request of Tim Johnson went before the Planning and Zoning on December 27, 1984, with a 4-2 vote approval. At that meeting Mr. Johnson outlined his plans to serve alcoholic beverages at E1 Jardin located 3301 Olton Rd. At that meeting I presented 4 letters of reply, there were 3 in opposition and 1 in favor if certain stipulations were made upon approval. Bob Richards showed the property on the map and explained the zoning around said area. Bob submitted a handwritten petition opposing the request to the City Council. Tom Hamilton, City Attorney spoke; The people who live within 200 ft. of this property are the people who are directly affected and are the people who are to be notified by the ordinance. When you are making a decision about what you should do in regards to a zoning change there are certain guidelines that you must follow, these are not guidelines that can be controlled by emotion or feeling, they are guidelines that have been set out in reference to relation to the property that is affected and relation to the welfare of the cc~m~nity as a whole. Tim Johnson spoke; The reasons for this application would be to allow a custc~er if he is a msmber to have a drink with a meal. We have an area designated on the south side of the building that would be used for this purpose, there would not be any type of open bar, we are in the food business, we just request this for additional benefits for our custc~ers that want a drink with their meal. Mayor Ridlehuber then ask for thosewhowould like to speak for the zone change° Those speaking for the zone change were: Huddleston. Jim Platt and Jerry Mayor Ridlehuber then ask for those who are against: Those speaking against the zone change were: John Oathout, Wayne Horton, Ken Meyers, Ron Watts, Marion Gion, Toby Irwin, Dennis Sanders, Charles Massey, Danny Laws, J.W. Hamby, and Mrs. Dennis Sanders. Councilman Tom Aday then spoke: I suppose there is no more emotional issue that ccmes before the Council than the issue of liquor, but it seems all the sins are brought to bare on liquor, I wonder if that is rational so I say it is a very emotional issue, a very rational issue. I can remember growing up here in the 1960's as a high school kid, I knew about liquor, we all did, I can remember when we opened a pool hall in Plainview, folks were in arms, we can't have a pool hall in the City of Plainview the town will go to hell with a pool hall and yet now where do we have pool halls, we have churches with pool tables. As times change things change and I'm not saying times have come, the issue was made that once you introduce liquor into a restaurant it becomes a place where you don't take your family, simply because there is liquor in a restaurant does not make it rowdy or abusive, I personally have no problem with taking my family where liquor is served. It would be extremely hypocritical for me to say that I don't believe in taking a drink with a meal or socially. It is amazing to me that not 3 months ago we approved a specific use permit which is required for every private club, there are no exceptions to that, not 3 months ago a specific use permit for a drinking bar on the other end of the block, you don't eat there you simply go in to drink, there is no eating and no one showed up, now what's the difference between 500 ft. or 1000 ft. why is that institution where there is more drunks coming out, I don't understand why no one showed up for the other one, I don't think a precedent would be set by this. There are other places in town where you can go eat and drink. I think we should have an election and find out. Councilman Bobby James spoke; It is an emotional issue, it is a tragedy that alcohol cannot be used in moderation, it's a tragedy that other things aren't used in moderation equally. This is a zoning case, I'm not certain that a moral issue enters into a zoning case. Councilwcman Barbara Dorman spoke; We are dealing with an area in our City that already has a precedent set. I think Tim has the right to appear before us, I think that the fact that there are 7 other establishments in the immediate area does not preclude him frcm asking for the same treatment. We have the Plainview Club, Plainview Country Club and Elks Club, all of which sell food. Councilman Junior Brown spoke; I feel that as we the Council here, we represent the people of Plainview. I don't know the people who are not here thats for it, maybe that their way of signifying that they don't care how this goes, this way or that way, but we owe the people of Plainview the right to listen to what their saying. I have nothing against Tim, I feel that no man willingly will degrade his business, but I do feel that we owe the citizens of Plainview a concerned ear. It was then. moved by Alderwoman Dorman seconded by Alderman ~ay to close public hearing. Mayor Ridlehuber closed the public hearing. Mayor Ridlehuber then presented Ordinance No. 85-2580 entitled, "An Ordinance of the City Council of the City of Plainview, Texas for a specific use permit to serve alcoholic beverages at E1 Jardin ~staurant, request of Tim Johnson." Zone Case No. 498. It was moved by Alderman Aday seconded by Alderman James to approve the specific use permit. The motion carried as follows: For; Dorman, James and Aday; A~ainst: Taylor and Brown.