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MINUTES
CITY COUNCIL MEETING
City of Plainview
May 9, 2000
The Plainview City Council met at 7:00 p.m., Tuesday May 9, 2000 in the Council Chambers of
Plainview City Hall, 901 Broadway. The Council met in Pre-Session at 6:30 p.m. Notice of this
meeting was posted in City Hall at 5:00 p.m. on May 3, 2000. Mayor Lloyd C. Woods presided.
Councilmembers present were Sam Parker, District 1; Mary Jane Shanes, District 2; Rey Rosas,
District 3; Mike Hutcherson, District 4; Ross Owen, District 5; Bobby McGehee, District 6; and
Irene Favila, District 7.
Staff members present were: James P. Jeffers, City Manager; Wally Hatch, City Attorney; John
Castro, Director of Community Services; John Berry, Director of Public Works; Gary Glass, Fire
Chief; Greg Zielinski, Code Enforcement; Dale Simpson, Civil Service Director; Matt
Tsakanikas, Main Street Coordinator; Rick Cox, Street Superintendent; Norman Huggins,
Finance Director; Dan Miller, Police Captain; and Karen McBeth, City Secretary.
News media present: Richard Orr, Plainview Daily Herald and Wayland Baptist University, TV
cameraman.
Guests present: Joe Patino, 2102 West 4th St.; Gilbert Patino, 2102 West 4th St.; Mary Ann
McGehee, 1309 Zephyr St.; Ron Trusler, 3501 W. 25th St.; Danny Davidson, 2701 S. Bivins,
Amarillo, TX.; and Rocky Favila, 1122 West 31st St.
OPEN MEETING
Invocation - The Honorable Irene Favila
Pledge of Allegiance Girl Scouts Savanna Nava and Tiffany Ortiz
Recognitions - Oaths of Office for Mayor and Council Districts 5, 6 & 7
Mayor Lloyd C. Woods, Councilmember Ross Owen, Councilmember Bobby
McGehee and Councilmember Irene Favila gave their Oath of Office.
Calendar as presented.
unanimously
a)
b)
c)
d)
Councilmember Ross Owen seconded the motion.
Consent Calendar - Councilmember Mike Hutcherson moved to adopt the Consent
The motion carried
Minutes of April 20, 2000 and April 25, 2000 were approved.
Departmental Reports were accepted.
Expenditures were approved.
Excused Absences - None requested.
e)
Appoint Economic Development Oversight Committee. John C. Anderson was
appointed.
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f)
Consider approval of Interlocal Agreement with Hale County for Millennium
Square Beautification. Agreement was approved
g)
Extension of YMCA contract for operation of 16th Street Swimming Pool. The
contract was extended to May 1, 2003.
h)
Award of bids for Sideload Packer Body; Recycle Truck Body with Cart
Tipper; and Street Barn (500. W. 18th St.} electrical repairs. Bids for the
sideload packer body were received from Southwestern Equipment in the amount
of $45,050 and from Davis Truck & Equipment Co. in the amount of $45,852.
The bid was awarded to Davis Truck & Equipment Co. for $45,852.00. A bid for
the recycle truck body with cart tipper was received from Davis Truck &
Equipment in the amount of $45,240 and the bid was awarded to them. Bids for
the street barn electrical work were received from City Electric in the amount of
$13,100 and from Don's Electric in the amount of $15,500. The bid was awarded
to City Electric for $13,100.
REGULAR AGENDA ITEMS
Elect Mayor Pro-Tem and administer Oath of Office. Mayor Woods nominated Bobby R.
McGehee to be Mayor Pro-Tem for two years. Councilmember Ross Owen seconded the
nomination. Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen, Favila and Mayor
Woods voted for the nomination. Councilmember McGehee abstained. Councilmember
Bobby McGehee took his Oath of Office as Mayor Pro-Tem.
Authorize City Manager to enter an agreement with Freese & Nichols, Inc. for design and
construction of improvements to the wastewater treatment plant. This item was approved
at an earlier Council Meeting.
Zone Case 687. Ordinance No. 00-3247. An ordinance amending the zoning map of the
City of Plainview, Texas for rezoning of Lot 8, Block 1, (700 block of West 24th Street)
from Light Manufacturing (M-l) Zoning District to a Commercial General Business (C-3)
Zoning District, all lots are located in the Alabama Addition, Hale County, Plainview, Texas;
Cumulativeness clause.; Conflicts clause; Severability clause; And effective date. (Second
reading). Councilmember Owen moved to approve Ordinance No. 00-3247 and
Councilmember Shanes seconded the motion. Councilmembers Parker, Shanes, Rosas,
Hutcherson, Owen, McGehee, Favila and Mayor Woods voted "yes" with none voting
against The motion carried.
Ordinance No. 00-3251. An Ordinance closing all of that portion of Grove Street between
5th Street and 6th Street, located-East of Block 11 and West of Block 12, McClelland
Addition to the City of Plainview, Hale County, Texas, declaring the closing of said street to
be in the public interest. (Second reading). Councilmember McGehee made the motion to approve
Ordinance No. 00-3251. Councilmember Hutcherson seconded the motion. Councilmembers
Parker, Shanes, Rosas, Hutcherson, Owen, McGehee, Favila and Mayor Woods voted "yes"
on the motion. None voted against. The motion carried.
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Zone Case 689. Ordinance No. 00-3250. An Ordinance amending the zoning map of the
City of Plainview, Texas for closing of Utica Street, between 6th and 7m Streets, lying East
of lots 1-7, inclusive, Block 57, and 7th Street beginning at the intersection of Utica and 7th
Streets thence West to the alley between Blocks 57 and 58. All lots are located in the College
Hill Addition, Hale County, Plainview, Texas; Cumulativeness clause; Conflict Clause;
Severability clause; And effective date. (First reading). John Castro reviewed the proposed
ordinance. He explained Wayland Baptist University requested the closing of this street. It
is part of their plan for an inclusive campus and the street only accesses their parking lot.
The Planning and Zoning Commission recommended approval. One comment was received
from adjoining property owners and it was neutral. Councilmember Owen made the motion
to approve Ordinance No. 00-3250 for first reading. Councilmember Hutcherson seconded
the motion. Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen, McGehee, Favila
and Mayor Woods voted "yes" on the motion. The motion carried.
Ordinance No. 00-3252. An Ordinance of the City of Plainview, Texas amending Chapter
19, Signs, of the Plainview Code of Ordinances; Severability clause; Cumulativeness clause;
Conflicts clause; And effective date. (First reading). Code Enforcement OtT~cer Greg Zielinski
explained this ordinance is to bring the existing sign ordinance up to date. It was last updated
in 1988. The Planning and Zoning Commission reviewed the proposed ordinance and
recommended the update. The major changes are regarding pole sign height, which is 70 ft.
and no lower than 8 ft. Mobile signs can only be displayed for 60 days and must have proper
electrical connections. Councilmember Shanes asked if existing "mobile" signs would be
grandfathered? Mr. Zielinski said that was the intent. Councilmember Shanes moved to
adopt ordinance No. 00-3252 for the first reading. Councilmember Owen seconded the
motion. Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen, McGehee, Favila and
Mayor Woods voted in favor of the motion. None voted against. The motion carried.
10.
Ordinance No. 00-3253_ An Ordinance of the City of Plainview, Texas amending Ordinance
No 99-3230 to appropriate additional funds in the General Fund in the 1999-2000 Budget for
the Ports-to-Plains project. (First reading). Councilmember McGehee stated two years ago
Plainview became a pan of the Pons-to-Plains coalition to encourage development of a
highway system from Denver to Eagle Pass. The organizing group has been very active and
has received a 501(6)c tax-exempt status, but otherwise most of work has been publicity. It
is now time to obtain an administrative staff The original assessment was $13,728 but last
year there was no assessment. This year the assessment, which is based on population, is
$13,728.00. The trade route will be most beneficial to Plainview, which is situated on 1-27.
Mayor Woods moved to approve Ordinance No. 00-3253 for first reading. Councilmember
Favila seconded the motion. Mayor Woods and Councilmembers Parker, Shanes, Rosas,
Hutcherson, Owen, McGehee and Favila voted "yes" on the motion. None voted against.
The motion carried.
10a. Zone Case No. 688 (3418 Olton Rd.) Ordinance No. 00-3254. An Ordinance amending the
zoning ,map of the City of Plainview by issuance of a Specific Use Permit to operate an Arcade
in a General Business (C-3) zoning district, address being 3418 Oiton Rd.; Cumulativeness
clause; Conflicts clause; Severability clause; And effective date. (First reading.) John Castro,
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Director of Community Services, displayed a map of the neighborhood where the arcade will be
located. The Planning and Zoning Commission recommended approval and received no
comments from surrounding property owners. The question of parking is handled in the
dedicated parking easement for the shopping center. The back area of the building is used only
for storage and is not open to the public. Mr. Castro said they fulfilled all requirements of a
Specific Use Permit. Mayor Woods asked for public comment. Gilbert Patino of 2101 West 4th
Street, asked why the Permit is for an Arcade, why not for a gambling establishment? Mr.
Castro explained the definition of an arcade is "six or more coin operated machines of skill or
chance." These proposed "eight-liners" are a game of skill, the operator can stop it at any time.
Mr. Danny Davidson, 2701 S. Bivins in Amarillo, who is the proprietor of the proposed arcade,
stated he owns several arcade establishments in the area, said there will be an age limit of 18 for
clientele due to the complexity of the machines. He said he plans on giving "certificates" to area
stores as winnings. He gives "Pampa Bucks" in his arcade in Pampa, and WalMart certificates in
other places. Councilmember Parker asked the City Attorney to look into adding into the Permit
a list of requests previously submitted. Councilmember Owen asked about hours of operation?
Mr. Davidson said from 10 a.m. to midnight six days a week and 1 p.m. to midnight on Sunday.
Councilmember Favila asked Mr~ Castro if the notices which were mailed out, mentioned eight-
liners? Mr. Castro said no; an arcade was specified because that is the description of the
business. Councilmember Rosas asked what type of security measures would be available? Mr.
Davidson said a video and full time attendants. Mr. Rosas asked if there was some rule about an
arcade being close to a residential area? Mr. Castro said no closer than 300 fi. by right-of-way
and it meets the distance requirements. Councilmember McGehee asked Mr. Davidson if he
objected to having the age limit requirement being pOsted as part of the Specific Use Permit?
Mr. Davidson said not at all. Councilmember Shanes asked how long he had been in this type
business? Mr. David said in Amarillo since 1998, in Pampa since 1999, and the arcade in Borger
is new. Mrs. Shanes asked if he has ever had to call the police at his other locations? Mr.
Davidson said only for a hot check. Councilmember Owen made the motion to approve
Ordinance No. 00-3254 for first reading. Councilmember Rosas ~seconded the motion.
Councilmember Parker, Shanes, Rosas, Hutcherson, Owen, McGehee, Favila and Mayor Woods
voted "yes" on the motion to approve. None voted against. The motion carried.
11 Annual report from Vector Control department. Rick Cox, Street and Traffic Safety
Superintendent, who also oversees vector control, gave the report.
12.
13.
Ordinance No. 00-3249. An Ordinance of the City of Plainview authorizing the
condemnation of private property to be used for the purpose of a permanent utility
easement; Severability clause; Cumulativeness clause; Conflicts clause; And effective date.
(Woods/Silverthorne). (Second reading). Mayor Woods moved to adopt Ordinance No. 00-3249
and Councilmember Owen duly seconded the motion. Councilmembers Parker, Shanes,
Rosas, Hutcherson, Owen, McGehee, Favila and Mayor Woods voted "yes." None voted
against. The motion carried.
Closed Session. Consultation with attorney pursuant to {}551.071 of the Texas Open
Meetings Act regarding pending or contemplated litigation, specifically: East Highway 70
sewer project. [TEX. GOVT. CODE ANN. Code Section 551.071]. A Closed Session was
not held.
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14. Adjournment. Councilmember Owen moved to adjourn the meeting. Councilmember
Hutcherson seconded the motion. The motion carried unanimously. The meeting adjourned at
7:55 p.m.
passed and approved on May 23, 2000.
Karen MCBeth, City Secretary
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