HomeMy WebLinkAbout00 0627 min MINUTES
CITY COUNCIL MEETING
City of Plainview
June 27, 2000
The Plainview City Council held a m~eting at 7:00 p.m., Tuesday June 27, 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 Halt on June 21, 2000 at 4:00 p.m. Mayor Lloyd C
Woods presided. Councilmembers present were: Sam Parker-District 1, Rey Rosas-District 3,
Mike Hutcherson-District 4, Ross Owen-District 5, and Bobby McGehee-District 6.
Councilmembers Mary Jane Shanes-District 2 and Irene Favila-District 7 were absent.
Staff members present were Jim Jeffers-City Manager, John Berry-Director of Public Works,
Wally Hatch-City Attorney, John Castro-Director of Community Services, Dale Simpson-Civil
Service Director, William Mull-Police Chief, Gary Glass-Fire Chief, Greg Zielinski-Code
Administration and Del Essary-Solid Waste Superintendent.
Guests present were Brandon Brownlee, Diane Brownlee, Cindy Jernigan, Paula Mayfield, Jerry
Johnson, Rusty Reese and Christine Cummins.
OPEN MEETING
Invocation - The Honorable Rey Rosas
Pledge of Allegiance - Girl Scouts
2. Recognitions - There were none.
3. Consent Calendar. Councilmember Bobby McGehee moved to adopt the Consent
Calendar, it was seconded by Councilmember Ross Owen. The motion carried unanimously,
noting Councilmember Hutcherson abstained from voting on item (f), the Airport Audit.
a)
b)
c)
d)
e)
f)
Minutes of June 8th and June 13th, 2000 were approved.
Departmental Reports were accepted.
Expenditures were approved.
Excused Absences were granted to Councilmembers Mary Jane Shanes and Irene
Favila for this meeting.
Ordinance No. 00-3255. An Ordinance amending Ordinance No. 99-3230 to
appropriate funds in the 1999-2000 Budget for the purchase of automated
catalog computer. Ordinance was approved on second reading.
Approval of Charles Robert Massie, Sr. for Airport Audit from 1995 through
1999_ Approved.
REGULAR AGENDA ITEMS
4. Ordinance No. 00-3257. An Ordinance calling and setting the date for a Special Municipal
Election; Designating districts and polling places; Designating the election for the adoption
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of an amendment of the Charter term provision; Appointing election officials; Setting
hourly rate for election officials; And posting of notice of election. (Second Reading).
In response to a question from Councilmember Rosas, City Attorney Hatch stated the Ordinance
has already been submitted to the United States Justice Department for election pre-clearance.
Mr. Hatch noted the Justice Department would not comment on the language until after the
election, and only if the electorate approved the proposed change. Mayor Woods made a motion
to adopt Ordinance No. 00-3257. Councilmember McGehee seconded the motion.
Councilmembers Parker, Hutcherson, Owen and McGehee and Mayor Woods voted "yes" on the
motion. Councilmember Rosas voted "no." The motion carried.
Ordinance No. 00-3258. Sign Code Amendment. An Ordinance of the City of Plainview,
Texas amending Chapter 19 of the Plainview Code or Ordinances; Severability clause;
Cumulativeness clause; Conflicts clause; And effective date. (First Reading)
Director of Community Services John Castro introduced the topic, noting the Council previously
had concerns with the temporary sign provisions and had requested changes. Councilmember
Owen noted portable signs were an economical source of advertising to many businesses.
Councilmember Owen also noted 5th Street would not be any "prettier" if the portable signs were
gone and he could not support the proposal in its current form. Councilmember Owen felt the
existing ordinance should be enforced, making sure signs are properly wired, meet setback
requirements, properly maintained and weeds controlled. Mayor Woods made the motion that
Ordinance No. 00-3258 be adopted. Councilmember Rosas seconded the motion. The motion
failed with Councilmembers McGehee and Woods voting "yes" on the motion and
Councilmembers Parker, Rosas, Hutcherson and Owen voting "no." Mayor Woods encouraged
Code Administration to enforce exi sting sign ordinance provisions.
Ordinance No. 00-3259. Specific Use Permit. Zone Case No. 691. Ordinance No. 00-3259.
An Ordinance amending the Zoning Map of the City of Plainview, Texas by issuance of a
Specific Use Permit to operate a private club in a Commercial Retail (C-2) Zoning district,
said parcel of land being 600 West 5th St,; Cumulativeness clause; Conflicts clause;
Severability clause; And effective date. (First Reading).
John Castro, Director of Community Services introduced Ordinance No. 00-3259 for first
reading. Applicant Cindy Jernigan, in response to questions from the Council, provided the
following information: There are two entrances/exits on the property, Joe's Jumbo Burger does
not want a fence between the two businesses, the external lights will be fixed and the fence on
the North side of the property will be "properly" repaired. Standard procedures are followed for
membership and carding before individuals are served. Councilmember Owen noted the City
does not have the authority to legislate morality and the City simply determines what
prerequisites are to be met in order to minimize the impact of certain businesses on the
surrounding neighborhood. Councilmember Rosas stated the City needed to do follow-uP on all
Specific Use Permits to assure compliance. Mr. Castro reviewed pre-inspection procedures for a
new business per the request of Councilmember Parker. Councilmember Rosas moved
Ordinance No. 00-3259 be approved, incorporating comments from the Council.
Councilmember McGehee seconded the motion. Councilmember McGehee moved the
ordinance be amended to include a fence on the West property line. The motion was duly
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seconded by Mayor Woods, and failed on a tie vote with Mayor Woods, Councilmembers Parker
and McGehee voting for and Councilmembers Rosas, Hutcherson and Owen voting against. The
original motion passed with Mayor Woods, Councilmembers Parker, Rosas, Hutcherson, Owen
and McGehee voted "yes."
7. Annual Report. Solid Waste and Recycling. Solid Waste Superintendent Del Essary
provided the annual report on solid waste and recycling.
Closed Session. Consultation with attorney pursuant to Section 55.071 of the Texas Open
Meetings Act regarding pending or contemplated litigation, specifically: Right-of-Way
acquisition and condemnation proceedings for FM 3466 Road; City of Plainview v. Charles
and June Nabors, Cause No. B30767-0002. Closed Session was not held.
Action per Closed Session on Right of Way acquisition and condemnation proceedings for
FM 3466 Road; City ofPlainview v. Charles and June Nabors, Cause No. B330767-0002. No
action was taken.
10. Adjournment. Mayor Woods moved to adjourn the meeting and Councilmember Owen
seconded the motion and it carried by unanimous vote. There being no additional business
Mayor Woods adjourned the meeting at 7:50 p.m.
Passed and approved on July 11, 2000.
Karen McBeth, City Secretary
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