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HomeMy WebLinkAbout01 1220 minThe Plainview City Council met on December 20, 2001, at 11:30 a.m. at the Plainview Convention Center, 2902 West 4th Street, Plainview, Texas. The agenda for this meeting was posted in City Hall at 11:15 a.m. on December 17, 2001. Mayor Lloyd C. Woods presided. Councilmembers present were: Mary Jane Shanes-District 2, Mike Hutcherson-District 4, Ross Owen-District 5, Buddy McGehee-District 6 and Irene Favila- District 7. Councilmembers Sam Parker-District 1, and Rey Rosas-District 3 were absent. Staff members present were: James P. Jeffers-City Manager, John Berry-Director of Public Works, John Castro-Director of Community Development, Brice Clements- Assistant Director of Public Works/Engineer, Gary Glass-Fire Chief, Wally Hatch-City Attorney, Elizabeth Regner-Assistant City Manager, Dale Simpson-Director of Civil Service, Matthew Tsakanikas-Main Street Coordinator, Danny Miller-Police Captain, and Belinda Hinojosa-City Secretary. Guests present were: Curtis Surley, Thelma Surley, Doris Sudduth, Mel Sudduth, Ron Trusler, J. W. Hamby, John Skaggs, Dr. Blaine Long, Jimmy Fitzgerald, Norman Wright and Mark Hardin. News Media Representatives: Richard Orr-Plainview Daily Herald Matthew Tsakanikas delivered the invocation. Councilmembers Rosas and Parker were granted excused absences for this meeting. 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 was presented for second reading. Mayor Woods moved that Ordinance No. 01-3314 be approved upon second reading. The motion duly seconded by Councilmember McGehee carried with Councilmembers Shanes, Hutcherson, Owen, McGehee and Mayor Lloyd C. Woods voting 'flor" the motion and Councilmember Favila abstaining. Mr. Castro presented Ordinance No. 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 second reading. He stated that the Planning and Zoning Commission had voting against the permit. Mr. Jeffers opened the public hearing. The following spoke in favor of the Ordinance: J. W. Hamby stated that Section 16.42 of the Plainview Code of Ordinances allows for measures against disturbances. He asked they be given an opportunity to see what they can build. Dr. Blaine Long reminded the Council of the City's logo "Plainview First." He stated this would help put Plainview first by keeping business locally instead of having them boarded in surrounding cities. City of Plainview City Council Minutes December 20, 2001 Page 1 of 4 The following spoke against the Ordinance: Mel Sudduth stated he lived next door and that the barking dogs will affect the Texas Department of Human Services and Taco Bell. He also stated it would affect a large number of Plainview citizens for the benefit of only two. Curtis Surley, who lives across the street, stated his main concern was the noise. He stated this kind of atmosphere was not good for Taco Bell. He also mentioned the school children who would be coming back and forth. Jim Fitzgerald, owner of Taco Bell stated this was not a place for a dog kennel. He stated that if they failed to do what they said, it would be a problem. He stated this kind of business was not good next to a food establishment. Mr. Jeffers closed the public headng. Mayor Woods asked Dr. Long if he would guarantee that the area would be spotless and work out problems with neighbors. Dr. Long stated that he would take care of that and he would check the area at night. He stated he was up there several times after hours already. Councilmember McGehee moved that Ordinance No. 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 be approved upon second reading with the stipulations to the design and fence. Councilmember Hutcherson seconded the motion. Mayor Woods moved that the original motion be amended to include that it be reviewed in six months with the City Council being able to revoke such permit if a large number of complaints were received. Councilmember McGehee cladfied that the six-month term begins upon commencement of the operation. Councilmember McGehee seconded the motion. Mayor Woods, Councilmembers McGehee and Hutcherson voted "for" the motion. Councilmembers Favila, Owen and Shanes voted "against" the motion. The motion failed. The Council then proceeded to vote on the original motion. Mayor Woods, Councilmembers Hutcherson and McGehee voted "for" the motion. Councilmembers Shanes, Owen and Favila voted "against" the motion. The motion failed. Mr. Tsakanikas presented Ordinance No. 01-3306, 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, Plainview, Texas Cumulativeness Clause; Conflict Clause; Severability Clause; and Effective Date for second reading. Mr. Jeffers opened the public hearing. John Skaggs, Norman Wright and Ron Trusler all expressed support of the ordinance. Councilmember Owen moved that Ordinance No. 01-3306 be approved upon second reading. The motion duly seconded by Councilmember Shanes carried unanimously. Mrs. Regner presented 13 requests for residential tax abatement. She stated these 13 had met the criteria for abatement. This will cost the City about $3,400 a year. Mr. City of Plainview City Council Minutes .December 20, 200t Page 2 of 4 24 Jeffers commended Mrs. Regner and Mr. Castro for their work in advising the residents of the availability of this program. Councilmember Favila moved that the Council approve the requests for residential tax abatement. The motion duly seconded by Councilmember Hutcherson carried by unanimous vote. Mr. Tsakanikas presented Ordinance 01-3315, an Ordinance Designating a Certain Area as a Residential and/or Commercial Tax Abatement Zone in the City of Plainview, Texas to be known as Reinvestment Zone No. 2; Establishing the Boundaries thereof; and providing for an Effective Date for first reading. He stated this would basically operate the same as the Thunderbird tax abatement zone, but this zone would apply to both residential and commercial property. The metes and bounds description for the zone would be as follows: Beginning at the intersection of the centerline of Columbia Street and the South Right-of- way line of the Fort Worth & Denver Railroad. Thence Southeasterly along the South right-of-way of said Forth Worth & Denver Railroad to a point in the centerline of Broadway. Thence South along the centedine of Broadway to a point in the centerline of 11 th Street. · th t Thence East a ong the centerhne of 1'1 Stree and a projection of said line to a point in the centerline of Date Street. Thence South along the centerline of Date Street to a point in the centerline of East 6th Street. Thence West along the centerline of East 6th to a point in the centerline of Cedar Street. Thence South along the centerline of Cedar Street to a point in a projected center line of an alley 140 feet South of 5th Street. Thence West along said alley centerline and a projection of said centerline to a point in the centerline of Beech Street, Thence South along the centerline of Beech Street to a point in the centerline of East 2nd Street. Thence West along the Centerline of East 2nd street to the point in the centerline of Ash Street. Thence South along the centerline of Ash Street to a point in the projection of the centerline of East 1st Street. Thence West along the Said projected centerline of 1 st street to a point in the centerline of Columbia Street. - Thence North along the centerline of Columbia to a point in the centerline of 4th 'St'reet. Thence East along the centerline of 4th Street to a point in th~ centerline of Baltimore Street. Thence North along the center line of Baltimore Street to a point in the projection of the centerline of an alley 140 feet north of 6th Street. Thence West along the centerline of said alley to a point in the centerline of Columbia Street. Thence North along the Centerline of Columbia Street to the place of beginning. Containing 256.56 acres more or less. Mayor Woods moved that Ordinance No. 01-3315 be approved upon first reading. The motion duly seconded by Councilmember Favila, carried by unanimous vote. Mr. Jeffers advised the Council the Frisco Street Committee was in the process of surveying the residents of the Frisco community regarding the Frisco street names. Councilmember Hutcherson moved that the matter be tabled until the next meeting. The motion duly seconded by Councilmember Favila, carried by unanimous vote. Mr. Berry introduced Brice Clements, the new City Engineer. Mr. Berry presented Ordinance No. 01-3316, an Ordinance amending the Plainview City of Plainview City Council Minutes December 20, 2001 Page 3 of 4 Water Conservation and Drought Contingency Plan; Penalties Clause; Cumulativeness Clause; Severability Clause; Conflicts Clause; and Effective Date for first reading. He advised the current plan was passed in 1994. During the month of November, we received a letter from TNRCC requiring the Council to readopt the Drought Contingency Plan with the following amendments: (1) Plan needs to refer to the Texas Water Code; (2) Put in a series of variances City Manager can invoke; (3) Require that all contracts with others entered into or renewed shall state that in the event of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with the Texas Water Code. There was no public comment. Councilmember McGehee moved that Ordinance No. 01- 3316 be adopted upon first reading. The motion duly seconded by Mayor Woods carried unanimously. Captain Danny Miller, acting Police Chief presented information on the Racial Profiling Policy. He defined racial profiling as a law enforcement initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Mr. Jeffers commended the Police Department for initiating the use of video cameras in the vehicles. He stated it made complaints go away immediately and the cameras are also a great teaching tool. He stated the Policy will help assure racial profiling will not take place. Mr. Jeffers stated that we are required to keep 90 days worth of videotapes. He stated the City would try to keep up with the requirements without hiring any additional clerical personnel. Mayor Woods moved that we adopt the Racial Profiling Policy. The motion duly seconded by Councilmember Hutcherson, carried by unanimous vote. Councilmember Hutcherson moved that the meeting be adjourned. The motion duly seconded by Councilmember Owen carried by unanimous vote. Mayor Woods adjourned the meeting at 12:47 p.m. Belinda Hinojosa City Secretary 25 City of Plainview City Council Minutes December 20, 2001 Page 4 of 4