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HomeMy WebLinkAbout08 0122 min166 The Plainview City Council met on January 22, 2008 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 11:00 p.m. on January 18, 2008. 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, Ron Trusler-District 5, Wendell Dunlap-District 6 and Roland Nash-District 7. Staff members present were: Greg Ingham-City Manager, John Berry-Director of Public Works, John Castro-Director of Community Services, Leslie Pearce-City Attorney, Will Mull-Police Chief, Dale Simpson-Director of Civil Service, Eric Turner-Main Street Coordinator and Belinda Hinojosa-City Secretary. News Media Representative: Richard Orr-Plainview Daily Herald Guests present: Lynn Davis, Tom Aday, Mary Jane Shanes, Michael Koenning, Randy Kaufman, Karen Earhart, Lea A. Stukey, Brandy Tirey, Brenda Johnson and Latrina Salazar Councilmember Wendell Dunlap delivered the invocation. Councilmember Kelvin Tipton led in the Pledge of Allegiance. Councilmember Trusler moved to adopt the consent calendar. The motion was duly seconded by Councilmember Dunlap and carried by unanimous vote. Items approved on the consent calendar included approval of the minutes of January 8, 2008 and January 17, 2008; approval of financial reports; reappointment of Hayley Cox and Sharon Morgan to the Library Board with said terms expiring on December 31, 2011; reappointment of Albert Busch, Sally Cole, Nicki Logan and Minnie Ruth Rigler to the RSVP Community Advisory Council with said to terms to expire on December 31, 2010; appointment of Elsa Cooper to the RSVP Community Advisory Council with said term to expire on December 31, 2010; and appointment of Mary Parrish to the RSVP Community Advisory Council to complete the unexpired term of Nadine Rogers with said term to expire on December 31, 2008 Mayor Anderson reminded everyone that in an election duly held in November, by a vote of the voters it stated we would have the sale of alcohol in Plainview. We have been very methodical in the approach. The City Attorney has been in touch with TABC. TABC's general counsel has reviewed this ordinance and has approved the ordinance. Leslie Pearce, City Attorney presented for consideration on first reading Ordinance No. 08-3497, an Ordinance Amending Chapter 3, Alcoholic Beverages, and the Zoning Ordinance, Ordinance No. 89-2798, of the Code of Ordinances of the City of Plainview, Texas Defining Terms; Providing for Hours of Consumption, Possession and Sale of Alcoholic Beverages; Unlawful Sales; License and Permit Fees; Proximity to Churches, Schools, and Public Hospitals; Providing for a Schedule of Uses for Businesses Selling Alcoholic Beverages; Repealer; Severability Clause; Cumulativeness Clause; Conflicts Clause; Effective Date; and Providing for Publication and Enforcement of such Ordinance. She stated she has taken the ordinance and has carefully reviewed all details. Our ordinance complies with the Texas Alcoholic Beverage Commission and City Council Minutes January 22, 2008 Page 1 of 5 1 1 ~J the Texas Alcoholic Beverage Code. The Code shall exclusively govern the regulation of alcoholic beverage in this state and except as permitted by this Code a governmental entity may not discriminate against a business holding a license or a permit under this Code. Thus this City is presenting an ordinance that is in compliance with the Code and offers only a few options that the state will allow the cities to do. She reviewed the internal steps as follows. 2 3 4 5 City Application is submitted to Code Enforcement. Building official on four different things, that there is a certificate of occupancy or schedule of uses, distance measurements, ordinance and makes sure there is a receipt. Police Department runs a background check; Fire Marshall makes sure there are no fire with; fee required if council will sign off permit, the adopts this hazards we need to be concerned Health Inspector makes sure there are no health hazards he needs to be concerned with; and City Secretary makes sure all signatures are there before she signs off. She then reviewed the ordinance: 1. Late Hours -she stated the Council has a choice to choose between the Late Hours or the State law hours. Police Chief stated hours would not matter. She stated the City is presenting the late hours as an option for the City to decide. She stated the City is recommending the late hours and that basically it is a two hour difference. 2. Certificate of Occupancy or building permit. Basically the City is requesting this option so that we will know where the place of business is being located so that we can measure the distance and make sure they are in the right zones. 3. License and Permit fees -the state will allow the cities to collect "not to exceed one-half of the state fee". The City is requesting to adopt additional fee. 4. Proximity of place of business to churches, schools, public hospitals and day care child care facilities. The state has limited the distance that can be required. The City is presenting a 300 foot distance requirement on all of the places stated. Specific measurements are required by TABC. There is an optional 1000 feet requirement that is given for the schools only. However TABC only allows certain schools to qualify for this. Plainview Christian Academy has petitioned the City for that 1,000 foot requirement. The City has the option to consider this after the second reading of this ordinance and the City will consider a resolution at that time. 5. Possession or consumption near homeless shelters or substance abuse center. This option is given to the cities to consider what was aimed at drugs that might loiter in this area. We have two substance abuse centers which are outside the central business district. The option would require 1,000 foot distance requirement from a homeless shelter or a substance abuse treatment center. You can still sell alcohol in that area, you just cannot possess or consume with an open container alcoholic beverages on a public street, public alley or a public sidewalk. This can be exempted for special temporary events for no longer than three days. 6. Can request to restrict possession in central business district by separate petition 167 City Council Minutes January 22, 2008 Page 2 of 5 168 and request court order from TABC to be allowed to do. 7. Schedule of uses -deleted where it stated about public clubs and definitions and stated could not sell alcoholic deleted that. Mayor Anderson asked for public comment. Karen Earhart of 1404 Zephyr, administrator for Plainview Christian Academy was present to request to extend the buffer around PCA. She was advised that would not be considered until after the second reading of this ordinance passed. David Walker of 17 Westridge Square stated that he had concerns with Plainview Christian Academy's request. He felt if the Council approved this, then we would be giving them a special right of privilege and the City could run a risk of litigation. He stated "We are giving special rights to children that are better off economically." He also expressed concern about the downtown issue and that we would not be able to sell on streets during festivals. He was advised that this was not in the ordinance. He also asked for explanation on the late hours. Councilmember Truster moved to approve Ordinance No. 08-3497 on first reading. The motion was duly seconded by Councilmember Tipton. Mayor Anderson asked for a vote on the matter. The motion carried unanimously. Greg Ingham, City Manager presented for consideration Resolution R08-179, a Resolution by the City of Plainview, Texas ("City") Authorizing the City to Review for Reasonableness Southwestern Public Service Company's ("SPS") Proposed Amendment to Certain Tariffs; Authorizing the Joining With a Coalition of Cities, Known as the Alliance of Xcel Municipalities ("AXM"), in Order to More Efficiently and Effectively Carry Out the Foregoing Purposes; Authorizing the Hiring of Attorneys and Consultants; Authorizing the Intervention by the City at the Public Utility Commission of Texas; Requiring the Reimbursement of Reasonable Legal and Consultant Expenses; Determining that the Meeting at which this Resolution was Passed Complied with the Texas Open Meetings Act; Making Such Other Findings and Provisions Related to the Subject; and Declaring an Effective Date. He stated Southwestern Public Service informed the cities of their intention to file amendments to their tariffs for large municipal services, large school services and secondary general services. Basically the tariff is intended to provide rate relief to their customers that prior to the recently concluded rate case were not subject to demand charges. Some area high schools received bills that were five times higher than they were last year, yet nothing had changed other than the rate structure. SPS came to the Alliance of Xcel Municipalities and stated they had a problem with this and wanted to cap the surcharges and put a tariff into place to accomplish this. Passage of this resolution gives us time to take a look at the request. Mayor Anderson asked for public comment. There was no public comment. Councilmember Bertsch moved to approve Resolution R08-179. The motion was duly seconded by Councilmember Waggoner. The motion carried unanimously. Mayor Anderson presented for consideration upon second reading Ordinance No. 08- 3496, an Ordinance Amending the Zoning Map of the City of Plainview, Texas For City Council Minutes January 22, 2008 Page 3 of 5 Rezoning Lots 1 And 2, Blk 3, Allbrick Addition, Same Being in the 3000 Block of 169 Dimmitt Road, From ASingle-Family Residential (R-1) Zoning District to a Commercial Retail Business (C-2) Zoning District, City of Plainview, Hale County, Texas; Cumulativeness Clause; Conflicts Clause; Severability Clause; And Effective Date. Since this is the second of two readings, the Council chose to forego staff briefing and asked for public comment. There was no public comment. Councilmember Tipton moved to adopt Ordinance No. 08-3496 on second reading. The motion was duly seconded by Councilmember Pena and carried by unanimous vote. John Castro, Director of Community Services presented for consideration to authorize the Mayor to execute Home Contract #1000846 with the Texas Department of Housing and Community Affairs in the amount of $312,000.00 to construct 5 new houses for qualified individuals. In April 2006, the City of Plainview submitted a grant application to the Texas Department of Housing and Community Affairs in the amount of $286,000. We also committed to a project match of $59,970 for cash and in-kind services for the fees that were going to be associated with the properties that were going to be assisted through this program. In 2007, the City received the grant in the amount of $312,000 and we received the grant documents last week and we are here today to approve the signing. The purpose of this program is to provide financial assistance to income qualified individuals for the rehab or reconstruction of owner occupied substandard houses. This would cover five houses. We are asking the Council to authorize the Mayor to execute all necessary agreements and documents related to this program. A consultant group, Gary Traylor and Associates has been working with the City on this project and put the grant together, submitted the grant and will be administering the grant. He stated the City has committed $13,380 for removal/landfill fees and costs associated with the preparation of the lot for construction; and $11,815 is for project costs, pertinent costs, connections costs for a total of $25,000 for an in-kind match. We have also committed $34,375 in cash. He stated we would get a good return for our investment. Mayor Anderson asked for public comment. There was no public comment. Councilmember Dunlap moved to authorize Mayor to execute Home Contract #1000846 with the Texas Department of Housing and Community Affairs in the amount of $312,000.00 to construct 5 new homes for qualified individuals which also includes our local match and money. The motion was duly seconded by Councilmember Trusler. Mayor Anderson asked for a vote on the matter. Mayor Anderson, Councilmembers Tipton, Waggoner, Pena, Trusler, Dunlap and Nash voted "for" the motion. Councilmember Bertsch voted "against" the motion. The motion carried. Mayor Anderson moved to go into closed session to deliberate the appointment, employment, evaluation, reassignment or duties, removal, discipline or dismissal of a public officer or employee, board, commission, or committee member, or to hear complaints or charges. [Tex. Gov't. Code Section 551.074]. -Director of Public Works. The motion was duly seconded by Councilmember Trusler and carried by unanimous vote. The Mayor recessed the meeting at 7:55 p.m. City Council Minutes January 22, 2008 Page 4 of 5 170 Mayor Anderson called the meeting back in open session at 8:21 p.m. No action was taken. There being no further business, Mayor Anderson adjourned the meeting at 8:22 p.m. .I/G~~ o~ Belinda Hinojosa City Secretary City Council Minutes January 22, 2008 Page 5 of 5