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HomeMy WebLinkAbout76 0511 minPLAINVIEW CITY COUNCIL REGULAR MEETING May 11, 1976 7:30 P. M. City Council Chambers 901 Broadway Plainview, Texas I. INVO CATION: CITY COUNCIL AGENDA Joe Sharp II. HEARING VISITORS PRESENT: Am Any person is invited to attend meetings of your City Council to discuss matters of individual concern, to present and dis- cuss proposals, to participate in public hearings or ~o be a visitor. If you are present to appear before the City Council for any item on the agenda., please advise the City Clerk and you will be heard at the earliest convenience. Should you have an item you want to appear on the agenda, please make your re- quest known in writing to the Mayor or City Manager at least one week in advance of the regular City Council meetings held on the second and fourth Tuesday of each month. Your presence is appreciated and you are invited to attend any part or all of the City Council meetings. Article 625.2-17, V.T.C.S.., the Open Meeting Law, was revised September 1, 1975 to require: (1) Notice of any meeting to be posted in a public place readily accessible to the general public at all times; the City Council of the City of Plainview has authorized the posting to be~in the Plainview-City Hall and the Plainview Police Department reception area, which is readily accessible to the general public at all times, (2) any additional subject not previously included on the published and posted agenda shall be accompanied by a statement describ- ing the nature of the urgent public necessity requiring their addition to the agenda. The policy of the City Council of the City of Plainview is that no additional items will be included on the published agenda later than 4:00 p.m., Thursday, pre- ceding the Council Meeting unless accompanied by a statement describing the nature of the urgent public necessity requiring the addition to the agenda. Receive for consideration, discussion and approval, the appoint- ments and recommendati'ons made by the Mayor on various authori- iies, boards, commissions and committees: 1. Appointment to the Building Code Board of Appeals to replace Lloyd Woods. 2. Appointment to the Fire Code Board of Appeals to replace Lloyd Woods. Receive for confirmation and oath of office, the following ap- pointed authority, board, commission and committee members: Mayor's Environmental Study Committee J. Hoyt Bowers 5/78 Nancy Bublis 5/78 Jack' Fo~d 5/78 Howard Hatch 5/78 Bob Mote 5/78 Marion Trevino 5/78 May 1t, 1976 Page 2 tli. IV. VI. VII. STUDY FOR ACTION ON MAY 25TH CONTINUE STUDY CONTINUE STUDY CITY COUNCIL AGENDA ZONE CASES: (None) PUBLIC HEARINGS: Ae Public Hearing will be held at the regular City Council Meeting of the City Council of the City of Plainview on April 27th and May llth, pertaining to the City of Plainview's application of the City of Plainview to avail itself of the Community Develop- ment Block Grant Program for non-metropolitan discretionary grants under Title I of the Housing and Community Act of 1974, and that the City Council of the City of Plainview desires the Mayor to act as the Chief Executive Officer and Authorized Re- presentative and authorize him to submit said application. Open Public Hearing. Discuss application; Close Public Hearing. Read Resolution for adoption. BID OPENINGS: A. R~ceive for consideration and award, bids received for. the pnau- matic traffic counters°as previously authorized. Bids received on May 5, 1976. (See attached tabulation). APPROVAL OF MINUTES: A. Approval of minutes of The regular City Council meeting held April 27, 1976. B. Approval of minutes of he emergency special meeting of the City Council held. April 29, 1976. Receive for filing, the following minutes: Planning g Zoning Commission meeting held on April 22nd and Building Code Board of Appeals meeting held on April 29th. AUTHORIZATION FOR STUDY, PREPARATION, INTRODUCTION AND ADOPTION OF ORDINANCES, RESOLUTIONS AND PROCLAMATIONS: A. Discuss proposed ordinances and continue study or authorize the City Attorney to prepare: Study Ordinance No. 7~-1465, providing for the monthly adjustments in the rates charged for the sale of natural gas services. Study or authorize the City Attorney to prepare ordinances and/or contracts designating an industrial park at the Plainview/Hale County Airport. Study or authorize the City Attorney to prepare ordinances and/or contracts designating an industrial park as recom- mended by the Plainview Industrial Foundation and approved Ay the City Council for the Gebo Company warehouse. May 1t, 1976 Page AUTHORIZE THE CITY ATTORNEY TO PREPARE CITY COUNCIL AGENDA Discuss recommendations of the City of Plainview Char- itable Solicitations Commission and authorize the City Attorney to prepare amendments as recommended and approved. 5. Discuss reoommendation for the preparation and introduction of an ordinance establishing maximum noise levels. B. Discuss and authorize introduction of the following ordinances: STUDY FOR ADOPTION AUGUST 19, 1976 STUDY FOR ADOPTION Zoning Ordinance, an ordinance by the provisions of Article 10112, revised Civil Statutes of Texas establishing zoning regulations and districts in accordance with a comprehen- sive plan and within such districts regulating the use of land, building and structumes; the height, bulk and loca- tions of buildings; establishing minimum requirements for off-street parking; regulating the erection, repair and alternation of all building and structumes; providing for specific use permits for certain uses;~ recognizing non- conforming uses and structures and rules for the regula- tion thereof; creating a board of adjustment and providing rules and regulations for its organization, proceedure, jurisdiction and powers; setting forth the requirements for building sites and the manner of their creation; pro- viding for a certificate of occupancy~and compliance; de- fining certain terms; adopting a zoning district map and making it part of this ordinance; making al~ figures, let- ters, m~rkings, symbols and charts contained in said or- dinance or shown on the map a part of this ordinance; pro- viding a method for amending such ordinance; providing a penalty for violation of the provisions of such ordinanace~ not to exceed $200 for each violation; also providing in- junctive relief to persons affected by the violations of said ordinance; and providing a saving clause.' An ordinance prescribing rules and regulations governing plats, plans and sub-divisdons of land within the incor- porated area of Plainview, Texas, herein defined as the "'City"; containing certain definitions providing for final approval of sub-divisions by sections; prescribing regula- tions for streets, sidewalks, alleys,, sanitary utilities and Community facilities. Providing for a penalty of not more than $200 for each violation themeof; repealing all conflicting ordinances; providing a validity clause; and providing an effective date. Receive for consideration, discussion and' adoption, ordinances previously introduced: Receive for consideration, discussion and approval, Ordinance No. 76~1946, an ordinance closing that portion of Southwest Second Street extending from the East boundary line of South Columbia Street in an easterly direction to West boundary line May 11, 19 76 Page 4 CITY COUNCIL AGENDA of South Austin Street; and that portion of SOuth Baltimore Street extending from the South boundary line of Southwest First Street in a Southerly direction to the North boundary line of Southwest Third Street; and the atleys located in Blocks 7, 8, 9 and 10; and that portion of Southwest Fourth Street extending from the East boundary line of Baltimore Street east to the West boundary line of South Austin Street; and the alleys located in Blocks 5 and 6, all in Elmdale Sub- division of Wayland Heights Addition to the town of Plainview, Hale County, Texas, as shown.by that plat recorded in Volume 80, Page 143, Deed Records of Hale County, Texas. Receive for consideration, discussion and adoption, ordinances creating an emergency, first reading and second reading: Receive for consideration, discussion and adoption~on second reading, Ordinance No. 76~1945 (Read only the caPtion) An or- dinance declaring the necessity for ahd ordeming the pa~ing and improvement of portions of certain streets in the City ,df Plainview, Texas; approving plans an.d specifications for such work; approving the report of the City Engineer as to plans, specifications and ad%~ertisements for bids heretofore ordered by 'Resolution; called session of the 40th Legislature of Texas (Article 1105b, Vernon's Ann.. Civ. St.); determining that the cost ofsuch improvements shall be paid by the City of Plain- view; providing a method of reimbursing the City of Plainview for a portion of such .costs by assessment of a portion of such costs against the property abutting such streets or portions thereof to be improved, and for the fixing of liens to secure payment of such assessments; stating the time and manner pro- posed for payment of all such costs; and providing that rail- ways using, occupying or crossing any portion of a specific unit to be improved shall be assessed for and shall pay for the entire cost of such improvement in the area between their rails ~nd tracks, double tracks, turnouts, and switches and two feet of each side thereof; directing the City Clerk to cause a notice of the enactment of this ordinance to be filed in the mortgage or deed of trust records of Hale County, Texas; and declaring an emergency. Receive for consideration, discussion and adoption, an emergency ordinance requiring a permit prior to thehaboring of poisonous reptiles and wild animals in accordance with the proposed attached ordinance. (See attached ordinance). Receive for consideration, discussion and adoption, Appropriation Ordinances for the payment of bills which create an emergency: Appropriation Ordinance No. 76-1946 from the General Fund Account 620-209 in the amount of $1,990.00 payable to General Fund Account 620-804 for hydro-jet spray mosquito control amounts for two sani- tation trucks for use on trash container boxes. May 11, 1976 Page 5 VIII. CITY COUNCIL AGENDA F. Receive for consideration, discussion and adoption, the following resolutions: Receive for consideration, discussion and adoption, Resolution- No. R76-066, authorizing the Mayor to act in all matters in connection with the application in the City's participation in the Community Development Block Grant Program for 1976. Receive for consideration, discussion and approval, Resolution No. R76-070, authorizing the City of Plainview to enter into the Regional Law Enforcement Network Program seeking support of 60% (sixty per cent) from the Texas Criminal Justice Division of the Governor's Office. Receive for consideration, discussion and approval, Resolution No. R76-071, a resolution finding that the bid of High Plains Pavers, I'nc., as the lowest and best responsible bid for the improvements to certain portions of public streets in the City of Plainview, Texas, as ordered by Ordinance No. 76-1945, of the City of Plainview, recorded in Book Seven, Page 298, in finding that the bids advertised for the cost of said improve- ments were received and opened as required by law of Texas.; and that the bids of High Plains Pavers, Inc., in the amount of $122,021.20 was the lowest and best responsible bid and finding that the contract documents and the performance bond and payment bOnd have been executed by t~he contractor, approving the speci- fications of the contract and contract documents executed by High Plains Pavers, Inc., providing for the construction of said improvements and authorizing the Mayor to execute the same on be- half of the City of Plainview approving the performanne bond and payment bond executed by High Plains Pavers Inc., and ac- cepting same, directing the City Engineer of the City of Plainview to prepare and file with the City Clerk estimates, and rolls as required by law for each street unit to be so improved, showing thereon, the total estimated cost of the improvements in each unit and showing in detail, the description of each parcel of property abutting thereon, together with the names of the apparent owner thereof, the number of front feet of each parcel of property and the amount to be assessed against the same, and such other perK ~ tenent information as may be required by law. OLD BUSINESS: Receive for consideration and discussion, recommendations concerning renewal Of the City of Plainview's insurance for fire, lighting and wind storm. ReceiVe for~consideration, discussion and approval, authorization of the City of Plainview to enter into contract for Workman's Compensa- tion Insurance and General Liability Insurance as proposed by Don Mouser Agency, representing Travelers Insurance Company for a 3-yr term. (See attached) May 11, 1976 Page 6 IX. CITY COUNCIL AGENDA Canvass of votes of Regular Municipal Election held May 11, 1976 for the Run-off election of one Mayor and one Alderman for Place Five of the Plainview City Council. Declare winners of said Run-off Election. NEW BUSINESS: City Attorney Joe Sharp, with administer the oath of office to the newly elected Mayor and Alderman for Place Five. Discuss proposal special meeting to hear budget request for the pro- posed 1976-77 Budget of the various boards, Commissions, committees and authorities. Discuss Mayor and Council's assignments to the various boards, com- missions, committees and authorities as ex-official members. Receive for filing, Pioneer Natural Gas Company Escalation Analysis for March 1976. Discuss selection of a date for a special meeting to review and es- tablish the City of Plainview's priorities for the 70's. Discuss Water Reclamation Plant alternatives for compliance with the Texas Water Quality Board Enforcement Order No. 75-37. (See attached) Reminder Of the meeting between the Mayor, Lyle Roberson-General Man- ager Swisher County Electric Co-op and Dr. Jim Johnson-Consultant for ERA, Wednesday, May 12th, 10:00 a.m.. H. Discuss City Attorney's proposal for demolition and removal of sub- standard vacant structures~ I. Reminder of the Texas Municipal League, Mayor's and Councilman's Institute to be held in Arlington, on May 22nd - 25th. (See attached) J. Status reports on the following items: 1. 70t Comprehensive Master Plan 2. Conmunity Development Grant Application 3. Community DevelOpment Grant Progress A. Curmy Lake Project B. 1976 Assessment Paving Program C. Utility Extensions 4. Running Water Draw Flood Control Project 5, Section 8 Housing Application 6. Texas Water Quality Board Application 7. ERA Inc., Negotiations 8. State Highway 194 9. Interstate 27 10. U. S. Highway 70 11. Codification of Ordinances May 11, 1976 Page 7 CITY COUNCIL AGENDA 12.o Flood Insurance 13. Economic Development Application 14. MBPXL Building 15. Service Center Open House 16. 1976-77 Budget 17. Housing Demolition Program 18. Voting Rights Act 19. Zoning Ordinance Adoption Proceedure 20. Safe Water Drinking Act 21. Texas Department of Health, Sanitation Disposal Regulation 22. 16th Playa Lake X. DEPARTMENTAL REPORTS: 1. Municipal Court Report 2. Fund Activity 3. Investment Summary 4. Police Report 5. Fire Report 6. Tax Report 7. Animal Warden Report 8. Traffic Control Report 9. Building Report 10. Library Report tl. Utility Report Water Production & Water Reclamation Report XI. MISCELLANEOUS: May 11, 1976 7:30 P. M. MINUTES CITY COUNCIL REGULAR MEETING The City Council of the City of Plainview met in regular session at 7:30 p.m., in the Council Chambers of the City Hall with Mayor John D. Stoneham presiding and the following Alderman present: Neal Williams, Medlin Carpenter, Jeane Browning, Tom Almon and Lloyd C. Woods. Also present were Marshall Pharr-City Manager, Joe Sharp-City Attorney, M. L. Rea-City Clerk, William R. Hogge-Director of Public. Works, Harold Gladman-Director of Planning, Johnnie Ballew-Director of Public Safety, Norman Huggins-Director of Finance, Mike McGregor-Administrative Assistant and Emma Quintanilla-Administrative Secretary. Also present were Richard Or-r~Plainview Daily Herald, Jim Davis-Plainview Re- porter News, Chuch Martin-KVOP Radio, Bill Bruder-KKYN Radio, Charles Bechtold-KAMR in Amarillo, Bill SoRelle, Bob Wayland, Mrs. Bill SoRelle, Mrs. Bob Wayland, John G. McKallif, Mrs. Guy Manges, Mrs. John Stoneham, Ron Stoneham, Guy Manges, Mrs. Jeane Browning, W. Calhoun, J. Hoyt Bowers, Marlo Trevino, Jayne Edmiston, Martha Barnes, John H. Smith, Mr~ & Mrs. Tommy Browning, Jack Ford, Frank Day, Mrs. Frank Day, Mrs. W. J. Lloyd, Mrs. J. B. Austin, Mr.o& Mrs. H. A. Tilson, Mrs. C. A. Robinson, Mr. & Mrs. Grafton McInmish, Mr. $ Mrs. Lewis Kiker, Mr. & Mrs. J. B. Harper, Mr. & Mrs. E. M. Fletcher, Nancy Bublis and Billie Bass. Invocation was given by Joe Sharp. It .was~moved by Alderman Browning, seconded by Alderman Carpenter, to authorize the Mayor to sign the certificate relative to land rights and water rights and con- struction permits rom the Lower Running Water Draw Shed, Site ~4 of the USDA-SCS and for an~exert of these minutes be sent to the Hale County Soil & Water Conservation. Motion carried unanimously. It was announced by Mr. Flip Calhoun that the ground breaking on Site #2 wduld be at 10:00 A.M., on May 24th and the City Council was invited. It was moved by Alderman Woods, seconded by Alderman Almon, to replace Lloyd May 11, 1976 Page 2 MINUTES CITY COUNCIL REGULAR MEETING Woods of the Building Code Board of Appeals with Mr. John McDonna. Motion carried un- animously. It was moved by Alderman Woods, seconded by Alderman Williams, to replace Lloyd Woods of the Fire Code Board of Appeals with Mr. Don Mouser. Motion carried unanimous- ly. The Mayor presented Certificates of Appointments to the following members present of the Mayor's Environmental Study Committee: J. Hoyt Bowers, Nancy Bublis, Jack Ford, Marlo Trevino and John Smith. Their terms are until May of 1978. It was moved by Aldermna Almon, seconded by Alderman Carpenter, to open the public hearing pertaining to the City of Plainview's application of the City of Plainv~ew to avail itself of the Community Development Block Grant Program for non-metropolitan dis- cretionary grants under Title I of the Housing and Community Act of 1974. Motion carried nnanimously. After discussion, it was moved by Alderman Carpenter, seconded by Alderman Browning, to close the public hearing. Motion carried unanimously. It was moved by Alderman Almon, seconded by Alderman Woods ~ to accept the bid of of Fischer & Porter in the amount of $2,250.00 for 3 - Recording Traffic Counters:and the bid of K-Hill Sigant Company in the amount of $2,418.00 for 12- Non Recording Traffic Counters. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman Williams, to approve the ~ minutes from the City Council Meeting of April 27, 1976. Motion carried unanimously. It was moved by Alderman Williams, seconded by Alderman A!mon, to approve the Special Meeting of the City Council on April 29, 1976. Motion carried unanimously. Received for filing, the following minutes: Planning & Zoning Commission meeting, April 22nd and the Building Code Board of Appeals meeting, April 29th. The study of Ordinance No. 74-1465, providing for the monthly adjustment in the rates charged for the sale of natural gas services will continue. No action was taken. May 11, 1976 Page MINUTES CITY COUNCIL REGULAR MEETING The study of an industrial park at the Plainview/Hale County Airport will continue. No action was taken at this time. The study of an industrial park, as recommended by the Plainview Industrial Founda- tion, for the Gebo Company warehouse will continue. No action was taken at this time. The meeting between the Charitable Solicitations Commission members and the Mayor is still under study°and no date has been set up. The study of an ordinance establishing maximum noise levels is under study and has been turned over to Johnnie Ballew. The Zoning Ordinance establishing zoning regulations and dist. ricts in accordance with a comprehensive plan and within such districts regulating the use of land, buildings and structures, etc., is still u~der study and will continue. An ordinance prescribing rules and regulations governing plats, plans and subdiv- isions of land within the incorporated area of Plainview, Texas, herein defined as the "City" etc., is still under study. An ordinance will be ready for introduction in July. It was moved by Alderman Browning, seconded by Alderman Carpenter, to adopt Ordinance No. 76-1946, with the stipulation of omitting "and that portion of Southwest Fourth Street extending from the East boundary line of Baltimore Street east to the West boundary line of South Austin Street". Motion carried unanimously. tt was moved by Alderman Carpenter, seconded by Alderman Williams, to adopt ~ Ordinance No. 76~1945 on its second reading. An ordinance to permit award of the paving contract of the 1976 Assessment Paving Contract to the low bidder be made. Motion carried unanimously. It was moved by Alderman Browning, seconded by Alderman Woods, to adopt Ordinance No. 76~i947~ an emergency ordinance requiring a permit prior to the haboring of poisonous reptiles and wild animals. Motion ~arried unanimously. It was moved by Alderman Almon, seconded by Alderman Woods, to adopt Appropriation Ordinance No. 76~1948~ from the General Fund Account 620-209 in the amount of $1990.00 lay 11, 1976 Page 4 payable to G two sanitati¢ It w~ Resolution Nc MINUTES CITY COUNCIL REGULAR MEETING neral Fund Account 620-804 for hydro-jet spray mosquito control amounts for n trucks for use on trash containers boxes. Motion carried unanimously. .s moved by Alderman Carpenter, seconded by Aldemman Browning, to adopt · R76-66, authorizing the Mayor to act in all matters in connection with the applicatzon in the City's participation in the Community Devel6pment Block Grant Pro- grams for 19~6. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman Almon, to adopt Resolution No. R76-070, authorizing the City of Plainvi'ew to enter into the Regional Law Enforcement Network Program seeking support of 60% from the Texas Criminal Justice Division of the Governor's Office. Motion carried unanimously. It was moved by Alderman Williams, seconded by Alderman Woods, to adopt Resolution No~ R76,071, a resolution finding that the bid of High Plains Pavers, Inc., as the lowest Knd best responsible bid for the improvements of certain portions of public streets in the City of Plainview, Texas, as order by Ordinance No. 76-.1945. Motion carried unanimously. The recommendations concerni~ng the renewal of the City of Plainview's insurance for fire, lighting and wind storm is s%ill under study and is a hold item at this time. The authorization of the City of Plainview to enter into contract for Workman's Compensation Insurance and General Liability Insurance as proposed by Don Mouser Agency, representing Travelers Insurance Company for a 3-year term is ahold item and under study. It was moved by Alderman Williams, seconded by Alderman Woods, to adopt Resolution No~'76~072_; a resolution declaring the results of run-off election held May 11, 1976, of the City of Ptainview, Texas, for the purpose of electing a Mayor for said City and for the election of an Alderman for Place Five on the City Council of the Cityof Plainview, Texas, Motion carried unanimously. City A-t~ormey: Joe Sharp: administered the oath of office to the newly elected Mayor, J, Robert Wayland and newly elected Alderman for Place Five, A. William SoRelle: Jr. The City Council will meet on each Tuesday, at 5:00 P. M. to discuss the budget for May 11, 1976 Page 5 MINUTES CITY COUNCIL REGULAR MEETING 1976-77. ~- ~ The Mayor's and City Council's assignments to the various boards, commissions, committees and.authorities as ex-official members is a hold and study item to give a chance to the newly elected officials to study these. Receive for filing, Pioneer Natural Gas Company Escalation Analysis for March, 1976. The Mayor and City Manager are to set a date for a special meeting to review and establish the City of Plainview's priorities for the 70's. A meeting with Lyte Robertson and Dr. Jim Johnson, with ERA, is scheduled for May 12th, at 10:00 A.M., and the Mayor and City Council is urged to attend. It was moved by Alderman Carpenter, seconded~y Alderman Browning, to authorize the City Attormey to precede on the tax basis for demol±tion an~-~removal of substandard ~acant structures. Motion carried unanimously. Reminder of the Texas Municipal League, Mayor's and Councilman's Institute to be held in Arlington, on May 22nd - 25th. Status reports on the following items: 11. Codification of Ordinances - will receive the draft in two months. 14. MBPXL Building - Vernon Clem has been chairman of the committee. It was moved by Alderman Carpenter, seconded by Alderman Browning that the reports Motion carried unanimously~ Meeting adjoumned at be filed and the meeting adjourned. 9:40 p.m.. ATTEST: M; L. REA; ~zty Clerk