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HomeMy WebLinkAbout01 1211 minThe Plainview City Council met on December 11, 2001, at 7:00 p.m. in the Council Chambers of Plainview City Hall, 901 Broadway. The Council met in pre-session at 6:30 p.m. The agenda for this meeting was posted at City Hall at 3:15 p.m. on December 4, 2001. Mayor Lloyd C. Woods presided. Councilmembers present were: Sam Parker-District 1, Mary Jane ShaneS-District 2, Mike Hutcherson-District 4, Ross Owen-District 5, Buddy McGehee-District 6 and Irene Favila-District 7. Councilmember Rey Rosas-District 3 was absent. Staff present were: James P. Jeffers-City Manager, Elizabeth Regner-Assistant City Manager, Wally Hatch-City Attorney, John Castro-Director of Community Development, John Berry -Director of Public Works, Captain Danny Miller, Gary Glass-Fire Chief, Matthew Tsakanikas-Main Street Coordinator, and Dale Simpson-Director of Civil Service. News media representative present were: Richard Orr-Plainview Daily Guests present were: Ron Trusler, John N. Bertsch, Dwain Dodson, John C. Anderson, John Skaggs, Dennis Harkins, J. W. Hamby, Lynn Davis, Patty Rodgers, Dean Kellum, M. Shane Harrell, Norman Wright, Blaine Long, Mel Sudduth, Curtis Sudey, Mark Hardin, Thelma Sudey, Lena Fae Hill, and Jimmy Hill Councilmember Hutcherson delivered the invocation. The Girl Scouts led in the Pledge of Allegiance. Engineering Assistant Jim Edmiston was presented the City Manager's Award of Excellence. Captain Danny Miller was recognized for thirty-four years of service to the City through the issuance of a Mayoral Proclamation and words of congratulations from the Mayor and City Council. Captain Miller is planning on retiring December 31, 2001. Councilmember McGehee moved that the Consent Calendar be approved as presented. The motion, duly seconded by Councilmember Owen, carried by unanimous vote. Items approved on the Consent Calendar included: approval of the minutes of November 27, 2001 and December 6, 2001; receipt of departmental reports; and approval of expenditures. Councilmember Rosas was granted an excused absence for this meeting. The City cast 929 votes for Councilmember McGehee and 560 votes for Councilmember Shanes to serve on the Hale County Appraisal District Board. The Council approved upon second reading Ordinance No. 01-3312, an Ordinance Amending Ordinance No. 01-3300 to Transfer Funds from the Federal Shared Seizure Income Fund to Accoun~ 43 of the General Fund. Said Funds to be Applied to a Matching Grant with U.S. Justice Department for Purchase of Police Equipment. The Council authorized the purchase of an Elgin Eagle F four-wheel mechanical street sweeper through the Houston-Galveston Council of Governments purchasing cooperative for $133,937.61. The Council approved the request of J. W. Hamby for City co-application for a zone change request at 608 Canyon, The Council appointed Arturo Ortiz to the Board of Adjustment as an alternate. John C. Anderson, Chairman of the City Economic Development Oversight Committee presented the following unanimous recommendations to the City Council from the Economic Development Oversight Committee: City of Plainview December 11, 2001 Page 1 of 4 · Create a standing board. · Change name to Coordinating Board of EcOnomic Development. · Continue with the same board composition. · Form an executive committee for Economic Development rapid response. · Develop a mission statement. · Work thrOugh committees, many of which already exist. Mr. :Anderson noted the purpose of the Coordinating Board of Economic Development would be to enhance economic development efforts through the coordination of local economic development partners and their committees. There was no public comment. The Mayor and City Council commended John Anderson and his Committee for their efforts in devising an economic development promotional plan for the community. Councilmember Owen noted that back when this committee was first formed that no one anticipated where it would end up. He congratulated the Committee for a very unselfish effort. Motion was made to implement the recommendations of the Economic Development Oversight Committee by Mayor Woods. The motion was duly seconded by Councilmember Hutcherson and carried by unanimous votei' John Castro introduced Ordinance No. 01-3314, an Ordinance Amending The Zoning Map Of The City Of Plainview, Texas For Rezoning Of The South Half Of Lot 1, Hamby Subdivision From Multi Family (MF-2) Zoning District to a General Commercial (C-3) Zoning District, Plainview, Texas Cumulativeness Clause;' Conflict Clause; Severability Clause; And Effective Date for first reading. J.W. Hamby spoke in favor of the Ordinance noting that the property was originally zoned commercial and had been rezoned in 1989 without his knowledge. There was no other public comment. Councilmember McGehee moved that Ordinance No. 01-3314 be approved for first reading. The motion was duly seconded by Councilmember Shanes and carried by unanimous vote. Director of Community Services John Castro presented Ordinance 01-3313, An Ordinance Amending the Zoning Map of the City of Plainview By Issuance of a Specific Use Permit To Operate a Veterinarian Clinic With Outside Runs in a General Commercial (C-3) Zoning District Said Parcel Of Land Being The South Half Of Lot 1, Hamby Subdivision, The Same Being 608 Canyon Street; Cumulativeness Clause; Conflicts Clause; Severability Clause; And Effective Date for first reading. J.W. Hamby showed a drawing of the proposed dog run and how he believed the design and the physical location would minimize any odor or noise impact to surrounding residents and businesses. Mr. ~Hamby noted there would be a six-foot wood fence around the facility and the closest dog run or structure housing an animal would be from nine feet to seventeen feet away from the fence. He noted the runs would be constructed with cinder block walls and there would be a maximum of five runs. Mr. Hamby noted that the dogs would be locked inside at night and the building would be cinder block and insulated minimizing any noise issues. Mr. Hamby also emphasized the facility would be washed out twice a day and that the dogs that are in the clinic would be walked inside the fence of the compound. Veterinarian Blaine Long, who has his offices at 2900 Olton Road stated his business had grown and that he would like to have facilities to house health dogs. Dr. Long emphasized that the facility would be cleaned between 8:00 and 10:00 a.m, in the morning and around 5:00 p.m. in the evening and that the dogs would be locked up inside the structure at night. The building will be climate controlled. Dr. Long also noted there were humane collars that could be placed on an animal to control barking and he would purchase two of those in City of Plainview December 1'1, 2001 Page 2 of 4 2Q case there was a need. Dr. Long noted that he currently could house from 35 to 40 animals in his clinic now and he would average boarding four to five animals per week. Mel Sudduth of 610 Canyon noted that he was 80 feet from the site. He expressed concem that the six-foot wood fence would weather and crack and would not remain solid aggravating the noise problem. He also questioned as to whether or not the type of construction would preclude the dogs in the runs from seeing and barking at each other. Mr. Sudduth also expressed concern with the fact that the clinic currently walks dogs up and down the alley and on his property and they do relieve themselves and the feces is not picked up. In response to a question Mr. Sudduth stated he did not currently hear the dogs barking within the clinic. Curtis Surley of 611 Canyon noted the school was just one block away and that he, as well as the owner of the Taco Bell establishment were concerned about odors. Mr. Surley also expressed concern about Mr. Hamby's tenant who would reside on the front side of the property where the dog runs were to be constructed. Mark Hardin, Mr. Hamby's property manager, stated that the leased property at 608 Canyon addresses the fact that a dog run may be constructed on the back of the property and the renter was aware of such before they began renting the property. In response to a question from Mayor Woods, Dr. Long stated that he would, after taking reasonable steps, would close the dog run if it generated too great of a recurring problem for the neighborhood. -. Thelma Surley of 611 Canyon noted their bedroom was on the Southeast corner, closest to the dog run. Mrs~ Surley noted they bought their property in 1963 and was concerned the dog run would lower the value of their home. Councilmember Shanes moved a call for the question. The motion was duly seconded by Councilmember Favila and carded by unanimous vote. Councilmember McGehee moved the specific use permit be approved with the stipulation the proposed dog run would be constructed in accordance with the plan submitted and that the fence, no matter what the construction type indeed be a solid fence. The motion was duly seconded 'by Mayor Woods and carried with Councilmembers Parker, Hutcherson, McGehee and Mayor Woods voting "yes" and Councilmembers Shanes, Owen and Favila voting ',no." It was announced the second reading would take place at the Plainview Convention Center Country Club on December 20, 2001 at 11:30 a.m. Main Street Coordinator, Matthew Tsakanikas introduced Ordinance No 01-3306 for first reading entitled An Ordinance Amending the Zoning Map of the City of Plainview, Texas For Designating a Portion of the Central Business District As a Design Historic Overlay (See Exhibit ,'A"), Plainview, Texas Cumulativeness Clause; Conflict Clause; Severability Clause; and Effective Date. Mr. Tsakanikas noted that every business in the downtown had been notified of the proposed design historic overlay and initially 15 were in favor and three against. After additional education, the count was now 17 for and one against. Mr. Tsakasnikas emphasized the purpose of the design historic overlay was to preserve the historic significance of the downtown area in the interest of economic development. City of Plainview December 11, 2001 Page 3 of 4 Norman Wright spoke in favor of the proposal, noting that downtown needs to be attractive and draw new businesses to it and that the ordinance would assist With that, as well as assist with generating tourism, With the end result being more tax dollars for the City. Lena Fae Hill, president of the Downtown Association applauded the brick street restoration, the antique shops and the great architecture in the downtown area. Mrs. Hill concluded with a statement that the proposed ordinance would help to the preserve the uniqueness that makes downtown. John Skaggs applauded the cooperation between city government and the private sector in construction of the Millennium Square and noted that as a member of the downtown association he was very much in favor of the proposed ordinance. Jimmy Hill and J. W. Hamby also spoke in favor of the design historic overlay designation. In response to a question about demolition from Councilmember McGehee, Mr. Tsakanikas noted that if it was not cost effective to restore a building then that building should in fact be demolished. Mr. Tsakanikas concluded his remarks with stating that the purpose of the Ordinance was historic preservation for economic development, not historic preservation for the sake of preservation. Councilmember Owen moved the Ordinance be approved for first reading. The motion was duly seconded by Councilmember Parker and carried by unanimous vote. Mayor Woods moved the meeting be adjourned. The motion was duly seconded by Councilmember Hutcherson and carried by unanimous vote. There being no further business, Mayor Woods adjourned the meeting at 8:40 p.m. Belinda Hinojosa City Secretary City of Plainview December 11, 2001 Page 4 of 4