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HomeMy WebLinkAbout07 0814 minThe Plainview City Council met on August 14, 2007 at 7:00 p.m. in the City Council Chambers of the Plainview City Hall at 901 Broadway. The agenda for this meeting was posted in City Hall at 4:50 p.m. on August 10, 2007. Mayor John C. Anderson presided. Councilmembers present were: Kelvin Tipton-District 1, Cathy Waggoner- District 2, Belinda Pena-District 3, John N. Bertsch-District 4, Wendell Dunlap-District 6 and Roland Nash-District 7. Councilmember Ron Trusler-District 5 was absent. Staff memtrers present were: Greg Ingham-City Manager, John Castro-Director of Community Services, Leslie Pearce-City Attorney, Will Mull-Police Chief, Dale Simpson- Director of (~,ivil ::service, Eric Turner-Main Street Coordinator and Belinda Hinojosa-City Secretary. News Media Representative: Richard Orr-Plainview Daily Herald Guests present: Dwane McGuire, Stacey Davis, Art Parrish and Jared Melton Councilmember Wendell Dunlap delivered the invocation. Councilmember Belinda Pena led in the Pledge of Allegiance. Councilmember Dunlap moved to adopt the consent calendar. The motion was duly seconded by Cor.rncilmember Nash and carried by unanimous vote. Items approved on the consent calendar included approval of the minutes of July 24, 2007 and August 9, 2007; the Council granted an excused absence to Councilmember Ron Trusler; Mayor Anderson presented for consideration upon second reading, Ordinance No. 07- 3483, an Ordinance Amending the City of Plainview Water Conservation and Drought Contingency Phan; penalties clause, cumulativeness clause; severability clause; conflicts clause and effective date. Since this was the second of two readings, the Council chose to forego the staff briefing and went straight to public comment. There was no public comment. Councilmember Nash moved to approve Ordinance No. 07- 3483 upon second reading. The motion was duly seconded by Councilmember Tipton and carried by unanimous vote. Greg Ingharn, City Manager presented the budget and tax rate adoption schedule. He stated this is a unique opportunity to be able to lower the property tax rate. The proposed tax rate is .53420, an 1/8t" of a cent reduction. The franchise agreements with both Xcel ar~d Atmos for the use of the City's right of ways are up for renewal this year. The City will increase the franchise fees and increase revenue in this way without having to inc:reasr~ the property tax rate. The following is the proposed schedule: August 14, 2007 • Set Budget and Tax Rate Adoption Schedule September 6, 2007 • 1 s'' Public Hearing on Budget • 1't Reading on Adopting Tax Supported Portion of Budget (new HB 3190 • 1`'~ Reading on Ordinance Adopting Budget 113 City Council Minutes August 14, 2007 Page 1 of 3 114 • 1St Reading on Ordinance Adopting Tax Rate • 1St reading on Rate Changes September 11, 2007 • 2nd Public Hearing on Budget • 2nd Reading on Adopting Tax Supported Portion of Budget (new HB 3195) • 2nd Reading on Ordinance Adopting Budget • 2nd Reading on Ordinance Adopting Tax Rate • 2nd Reading on Rate Changes He stated there is a proposed 4% solid waste rate increase to cover the cost of the one million dollar landfill cell. Mayor Anderson asked for public comment. There was no public comment. Councilmember Pena moved to approve the budget and tax rate adoption schedule as presented by City Manager, Greg Ingham. The motion was duly seconded by Councilmember Cathy Waggoner and carried by unanimous vote. John Castro, Director of Community Services presented for consideration Ordinance No. 07-3482, an Ordinance amending the Zoning Ordinance of the City of Plainview, Texas to allow an accessory pass-out window as an incidental use to a private club/restaurant; cumulative clause; conflicts clause; severability clause; and effective date. He stated this request is from Greg Blankenship Limited. This went before the Planning and Zoning Commission on July 26, 2007. They wish to construct a Pizza Hut with a private club to serve alcoholic beverages on premises. They also want to have a drive thru window for sale of food products only. The zoning ordinance provides that a business serving alcoholic beverages cannot have a drive thru window. This ordinance allows them to have a drive thru window for the sale of food products. If this ordinance is approved it would apply to any private club/restaurant in the City. Leslie Pearce, City Attorney clarified some questions the Council had had before. She stated all three sentences in the ordinance as listed below are required because of the Texas Alcoholic Beverage Commission. A private club or private club/restaurant may provide alcoholic beverages for on-premises consumption only. No alcoholic beverages may be sold for off-premises consumption through drive-in curb service or drive through service as regulated by the Texas Alcoholic Beverage Code. A private club/restaurant may have, as an incidental use, accessory pass- out windows for delivery of food to be consumed off-premises of the restaurant property. Mayor Anderson asked for public comment. Jared Melton of 700 W. 7th Street, attorney for Greg Blankenship Limited stated the current operators of Pizza Hut are building a new location. They have a private club permit and if this ordinance does not pass, it would disrupt his client's plans. He stated his organization has controls in place to prohibit off premises consumption of alcoholic City Council Minutes August 14, 2007 Page 2 of 3 beverages. He stated this would apply to any private club/restaurant. He asked the 115 Council to please pass this Ordinance. Councilmember Tipton moved to approve Ordinance No. 07-3482 upon first reading. The motion was duly seconded by Councilmember Bertsch. Councilmember Bertsch asked if the company has a facility right now that sells alcoholic beverages. He was advised that they have one located in Clovis, New Mexico. If they were to have a problem with an individual leaving the premises with an alcoholic beverage, the pcalice would be notified. This business is interested only in selling pizza and food produci:s out of the drive thru window. Councilmember Tipton asked how the membership would work? He was advised the membership purchased would be thru the Caprock Pizza Club. TABC would not receive any direct fees from the membership. Mayor Anderson asked for a vote on the motion to approve Ordinance No. 07-3482 upon first readinca. The motion carried unanimously. There being no f~.crther business, Mayor Anderson adjourned the meeting at 7:24 p.m. ~' t' ~~ ~ Belinda Hinojosa ~~ City Secretary i~ [] City Council Minutes August 14, 2007 Page 3 of 3