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HomeMy WebLinkAbout08 0212 min172 The City Council met on February 12, 2008 at the Plainview City Hall, 901 Broadway, Plainview, Texas. The agenda for this meeting was posted in City Hall at 4:45 p.m. February 8, 2008. Mayor John C. Anderson presided. Councilmembers present were: Kelvin Tipton-District 1, Cathy Waggoner-District 2, Belinda Pena-District 3, Ron Trusler-District 5, Wendell Dunlap-District 6 and Roland Nash-District 7. Councilmember John N. Bertsch-District 4 was absent. Staff members present were: Greg Ingham-City Manager, William Mull- Chief of Police, Dale Simpson-Director of Civil Service, John Castro-Director of Community Services, Katherine Egger-Deputy City Secretary, Eric Turner-Main Street Coordinator. News Media Representative: Richard Orr-Plainview Daily Herald Guests present: Lynn Davis, Tom Aday, Mike Duran, Mary Jane Shanes, Byron Hannabas, Randy Kaufman, Karen Earhart, Anna Jauregui, Mariana Jauregui, Jack Oswald, Misty Alaniz, Brenda Johnson and L. Salazar. Mayor Anderson called the meeting to order at 7:00 p.m. Councilmember Roland Nash delivered the Invocation. Councilmember Wendell Dunlap led the Pledge of Allegiance. Mayor John Anderson introduced Deputy City Secretary Katherine Egger as tonight's substitute for City Secretary Belinda Hinojosa who is ill, as is the City Attorney Leslie Pearce. Councilmember Ron Trusler moved to adopt the consent calendar. The motion was duly seconded by Councilmember Kelvin Tipton and carried by unanimous vote. Items approved on the consent calendar included approval of the minutes of January 22, 2008 and February 7, 2008; the granting of an excused absence to Councilmember John N. Bertsch; the Reappointment of Mark Hardin to the Board of Adjustment with said term to expire on January 1, 2010; the Reappointment of Mark Hardin to the Board of Minimum Housing with said term to expire on January 1, 2010; and Authorize Mayor to sign Memorandum of Agreement, Agreement Number DTFASW- 08-L-00073 between the City of Plainview and County of Hale and the Federal Aviation Administration. Mayor Anderson introduced upon second 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. He asked Greg Ingham, City Manager, to present this item in the absence of City Attorney Leslie Pearce. Mr. Ingham stated that this is the second reading on this Ordinance. He reviewed the 7 points as shown on the powerpoint presentation. Mr. Ingham stated that the City Council has elected to approve the late hours option after the City Attorney had City Council Minutes February 12, 2008 Page 1 of 4 173 talked with other City Attorneys and found that those cities went with the late hours option. Mayor Anderson asked for Public Comment. There was none. Councilmember Kelvin Tipton made the motion to approve Ordinance 08-3497, Councilmember Ron Truster seconded the motion. Mayor Anderson asked for Council comment. There was none. The vote was 7 in favor, 0 against. Mayor Anderson stated the vote was unanimous. Mayor Anderson introduced Resolution R08-181, a Resolution By the City of Plainview, Texas Adopting a Request From Plainview Christian Academy (PCA) to Prohibit Alcoholic Beverage Sales Within One Thousand (1,000) Feet of Such Private School in Accordance with the Texas Alcoholic Beverage Code and asked City Manager Greg Ingham to present this item. Mr. Ingham stated that the TABC rules/regulations allow a 1000 foot buffer for private schools with 100 or more students in grades K-12. The Ordinance which was just passed has this option included. Plainview Christian Academy (PCA) has requested the 1000 foot buffer. If the City Council approves or denies the buffer for PCA, it does not set precedence for future requests. Mr. Ingham added that there are exceptions that can allow specific alcoholic beverage businesses to be within the buffer but that would be a TABC decision, not a decision of the City of Plainview. Mayor Anderson added that the regulations state that the private school must be located on one piece of property. Mayor Anderson then asked for public comment. Karen Earhardt, Administrator for Plainview Christian Academy (PCA) spoke on behalf of the Academy, stating that this buffer would help not only PCA but also LaMesa Elementary School, which is located next to the Academy. PCA has activities such as sleep-overs, which public schools are not able to sponsor, and it would be a safe assurance for the students and parents as well as the faculty to know that the area is safe at night. She was sorry that public schools are not eligible for this buffer but since the Texas Legislature has made it available to private schools, PCA is requesting this option. Tom Aday, Citizens for Economic Development, stated that the land in question is zoned Agriculture and if there was to be any development it has to be rezoned, therefore the rezoning request has to be presented and passed by the Planning and Zoning Commission, then to the City Council. He feels that there is already a protection there and this buffer is unnecessary. From his experience as a parent, when his kids went to sleep-overs the doors were locked so this issue should not be a concern. Randy Kaufman was the next citizen to comment. He represents the side that lost the alcohol election. He stated that he is in favor of economic development for Plainview, and feels that this buffer will not deter any such growth. Jack Oswald spoke next. He commented that as he looked around the room, it appears he is the oldest person here. He is a native of Plainview and has lived here all his life. He feels the Texas Legislature made a mistake in allowing this 1000 foot buffer when the law already has a 300 foot buffer for all schools, churches, half-way houses. Look at the progress that has already been made since the November (alcoholic beverage) City Council Minutes February 12, 2008 Page 2 of 4 174 election. It's nice to see the remodeling on a building that's been vacant for 10 years. And we know of plans for two hotels along the Dimmitt Highway and IH 27. Councilmember Wendell Dunlap made the motion to approve R08-181. Councilmember Belinda Pena seconded the motion. Mayor Anderson asked for Council comment. Councilmember Ron Trusler asked if there are any exceptions, is it setting precedence? Mr. Ingham stated that each case stands on its own, passing or rejecting this resolution does not set precedence. Councilmember Kelvin Tipton stated that even if the City Council were to pass this, TABC can change it. Ingham stated it rests on TABC. Mayor Anderson stated to members of both sides of this issue that he appreciates their input, their consideration, and their attendance. And it is nice to see that three former City Councilmembers are still taking an active part in city matters. Some issues that the City Council faces are difficult in their nature and each Councilmember considers what is best for the citizens. He does not know the outcome of the vote on this issue but is assured that each Councilmember has taken much thought into the issue. The Mayor asked for the vote. The vote was 4 in favor, 3 against. Those voting against the Resolution were Councilmembers Tipton, Trusler, and Nash. The motion carried. (After the vote, representatives for the Citizens for Economic Development and representatives for PCA left the meeting.) Mayor Anderson introduced Resolution R08-180, a Resolution of the City of Plainview calling and setting the date for the Regular Municipal Election; Setting two twelve hour days for early voting as required by Section 85.005 (d) of the Texas Election Code; Designating districts and polling places for Districts 1, 2, 3, 4, 5, 6 and 7; Designating the election of a Councilmember for Districts 5, 6 and 7 respectively; Designating the election of a Mayor At-Large; And posting Notice of Election. He asked City Manager Greg Ingham to present the item in the absence of City Secretary Belinda Hinojosa. Mr. Ingham stated that May 10 is the date set for the election of Mayor and Councilmembers for Districts 5, 6, and 7. State law requires that there be 2 12-hour days in early voting and those dates have been designated in this resolution. Mayor Anderson asked for public comment. There was none. Councilmember Ron Trusler made the motion to approve Resolution R08-180. Councilmember Cathy Waggoner seconded the motion. There was no Council comment. The vote was 7 in favor, 0 against. Mayor Anderson stated the vote was unanimous. Mayor Anderson then introduced Item No. 7 to authorize the Mayor to execute a contract with Gary Traylor and Associates to administer the HOME Grant awarded to the City of Plainview by the Texas Department of Housing and Community Affairs and asked John Castro, Director of Community Services to present the item. Mr. Castro stated that this grant was approved last fall but the grant process began in April 2006. Mike Duran of Gary Traylor and Associates is here to answer questions. Gary Traylor and Associates will be handling all aspects of the grant, from the application process, to the inspections, the maintaining of files/paperwork. Mayor Anderson asked for Public Comment. Mr. Duran stated that he would be glad to answer any questions that the Council might have. Councilmember Roland Nash made the motion to authorize the Mayor to execute a contract with Gary Traylor and Associates to administer the HOME grant award to the City of Plainview by the Texas Department of Housing and City Council Minutes February 12, 2008 Page 3 of 4 175 Community Affairs. Kelvin Tipton seconded the motion. Councilmember Pena asked Mr. Duran what were the qualification requirements. Mr. Duran stated that the house had to be owner occupied for no less than 2 years, taxes must be current and maintained current, the application is similar to a mortgage loan application and the program applies to those who are considered very low income, earning less than 30% of the median income for Hale County. Councilmember Tipton asked what is the contract going to cost? Mr. Duran stated that it involves 5 properties, and the City matches $59,000.00. Councilmember Truster asked if it was a cash match, and Mr. Duran replied the cash match is $34,000.00 with the rest being in-kind services. Mr. Castro added that the City would be doing the demolition, cleaning of the demolition. Councilmember Pena asked if the City of Plainview has ever had such a grant for new homes. Mr. Castro replied no. Ms. Pena asked if Traylor will be inspecting the houses for code compliance, and Mr. Duran stated they would be monitoring each house from start to finish but the City Codes department also would be inspecting. Mayor Anderson stated that most of these houses are near the state of being demolished but have people living in them. Mr. Castro added that research has shown it is more cost effective to build a new house rather than repair such houses because of the poor condition they are in. Mayor Anderson asked for the vote. The vote was 6 in favor, 1 against. Councilmember Tipton voted against the item. There being no further items on the agenda, Mayor Anderson adjourned the meeting at 7:50 p.m. ~~ ~~ Katherine Egger Deputy City Secretary. ~l City Council Minutes February 12, 2008 Page 4 of 4