HomeMy WebLinkAbout76 0525 minPLAINVIEW CITY COUNCIL REGULAR MEETING
May ~5, 1976
7:30 P. M.
CITY COUNCIL AGENDA
City Council Chambers
901 Broadway
Plainview, Texas
INVOCATION: Marshall Pharr
HEARING VISITORS PRESENT:
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 to be a
Visitor. If ~ou 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 6252-17, V.T.C.S., the Open Meetings Law, was mevised
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 publi.shed and
posted agenda shall be accompanied by a statement describing
the nature of the urgent public necessity requiring theim addi-
tion to the agenda. The policy of the City C~unty off.~he City
of Plainview is that no additional items will be included on
the published agenda later than 4:00 p.m., Thursday, preceding
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 appointments
and recom~endati~ons made by the Mayor on various authorities, boards,
commissions and committees':
Appoint representative to the City of Plainview Housing Authority
to replace Bill SoRelle, upon his election to the City Council.
Term to expire June, 1977.
2. Receive for consideration, discussion and acceptance, the resign-
ation of Mr. Bob Henry to the Civil Defense committee. Receive
for consideration, discussion and approval, the Mayor"s recommenda-
tion to replace Mr. Henry with a term to expire in October, 1977.
(See attached letter)
3. Receive for consideration, discussion and appointment, representa-
tives to the City/County Health Board. These terms expire April,
1976. Those members whose terms expire are Dr. C. M. Baldwin, Mr.
May 25, 1976 Page 2
III,
CITY COUNCIL AGENDA
Ray D.~ Blair, Mr. Jess Wayne West.
C. Receive for confirmation and oath of office, the following appointed
authority, board, commission and committee:'members:
MayoD's Environmental Study Committee
Howard Hatch 5/78
Bob Mote 5/78
Building Code Board of Appeals
John McDonna 1/77
Fire Code Board of Appeals
Don Mouser 9/77
ZONE CASES:
A. Zone Case No. 294:
Open Public Hearing on request of L. A. Peckham for rezoning of 6
acres of land out of J. M. Pressler Homestead Survey, Hale County
Texas, described as follows:
BEGINNING at an iron stake set in the Northeast cormer of
a 9 acre.tract heretofore conveyed to George M. Schick, Jr.,
by W. B. Meredity by Deed of record in Volume 149, page 392,
for the Northeast corner of this tract;
THENCE South with fence on West side of State Highway 184.3
varas to 5/8 inch rod under fence in West line of Highway rights-
of-way;
THENCE West with fence 184.3 varas to 5/8 inch rod under fence
in West line of J. M. Pressler Homestead Survey and in East line
of Section No. 41, Block JK-2;
THENCE North 0° 33' East 184.3 varas to iron stake to corner
of fence, the Northwest corner of tract described in Volume 149,
Page 392, Deed Records, Hale County, Texas;
THENCE East 182.8 varas to PLACE OF BEGINNING,
SAVE AND EXCEPT 0.686 acres of land, more or less, conveyed to
the State of Texas by Deed dated November 30, 1962, recorded in
Volume 427, Page 247, Deed Records, Hale County., Texas, from an
R-1 Zone to a C-2 Zone for Commercial use, located at 1300 South
Columbia. Close Public Hearing.
2. Receive for consideration, discussion and adoption, Ordinance No.
75~t949, amending the Zoning Map of the City of Plainview.
B. Zone Case No. 295:
Open Public Hearing on request of James Reed for rezoning of Lot 6,
Block 9, Wye Addition, Unit No. 4, from an R-3 Zone to a C-1 Zone
for commercial use, located at 101 W. Carver. Close Public Hearing.
2. Receive for consideration, discussion and adoption, Ordinance No.
75~195Q, amending the Zoning Map of the City of Plainview.
IV. PUBLIC HEARINGS: (None)
May 25, 1976 Page
VII.
CITY COUNCIL AGENDA
BID OPENINGS: (None)
APPROVAL OF MINUTES:
A. Approval of minutes of the regular City Council meeting held May 11,
1976.
Receive for filing, copies of the following minutes: Board of Adjustment
meeting held on April 26, Planning & Zoning Commission meeting held on
May 13th and Civil Defense Committee meeting held on May 19th.
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:
ACTION
ON MAY
25, 1976
CONTINUE
STUDY
CONTINUE 3.
STUDY
Study Ordinance No. 74-1465, providing for the monthly adjustments
in the rates charges for the sale of natural gas services.
Study or authorize the City Attorney to prepare ordinances and/or
eontracts 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 recommended by the
Plainview Industrial Foundation and approved by the City Council
for the Gebo Company warehouse.
AUTHORIZE 4.
THE CITY
ATTORNEY TO
PREPARE
Discuss recommendations of the City of Plainview Charitable Soli-
citations Commission and authorize the City Attorney to prepare
amendments as recommended and approved.
5. Discuss recommendation and authorize City Attorney to prepare for
introduction, an ordinance establishing maximumnoise levels.
B. Discuss and authorize introduction of the following ordinances:
STUDY FOR
ADOPTION
AUGUST 19,
1976
Zoning Ordinance, an ordinance by the provisions of Article lOl!a,
revised Civil Statutes of Texas establishing zoning regulations and
districts in accordance with a comprehensive plan and within such
districts regulating the use of land, building, and structures; the
height, bulk and locations of buildings; establishing minimum re-
quirements for off-street parking; regulating the erection, repair
and alternation of all building and structures; providing for speci-
fic use permits for certain uses; recognizing non-conforming uses
and structures and rules for the regulation thereof; creating a
board of adjustment and providing rules and regulations for its or-
ganization, proceedure, jurisdiction and powers; setting forth the
requirements for building sites and the manner of their creation;
providing for a certificate of occupancy and compliance; defining
certain terms; adopting a zoning district map and making it part of
this ordinance; making all figures, letters, markings, symbols and
May 25, 1976 Page 4
CITY COUNCIL AGENDA
charts contained in said ordinance or shown on the map a part of
this ordinance; providing a penalty for violation of the provisions
of such ordinance not to exceed $200 for each violation; also pro-
viding injunctive relief to persons affected by the violations of
said ordinance; and providing a saving clause.
An ordinance prescribing rules and regulatinns governing plats,
plans and sub-divisions of land within the incorporated area of
Plainview, Texas, herein defined as the "City"; containing certain-
definitions providing for final approval of sub-divisions by sec-
tions; prescribing regulations for streets, sidewalks, alleys, san-
itary utilities and community facilities.
Providing for a penalty of not more than $200 for each violation
thereof; repealing all conflictin~ ordinances; providing a validity
clause; and providing an effective date.
C. Receive for consideration, discussion and adoption, ordinances previously
introduced:
Ee
Receive for considerations-discussion and adoption, ordinances' creating
an emergency, first reading and second reading:
Receive for consideration, discussion and adoption on second reading,
Ordinance No. 76-1947, (Read only the caption). An ordinance prohib-
iting the keeping of any poisonoom snake, poisonous reptile, or wild
animal within the City limits of the city of Plainview, unless a
permit for the keeping of said animal is obtained from the Director
of Public Safety of the City of Plainview; describing the manner and
method of obtaining such permit and the requirments for obtaining such
permit; providing for cancellation and said permit; providing for
appeal of such decisions; providing for the seizure or destruction
of poisonous snake, poisonous reptile and wild animals kept within
the City limits of the City of Plainview in violation of this ordin-
ance; providing a penalty for the violation of this ordinance; and
declaring an emergency.
Receive for consideration, discussion and adoption, Appropriation Ordin-
ances for the payment of bills which create an emergency:
Appropriation Ordinance No. 76-1951 from the Revenue Sharing Acct.
427-816 in the amount of $299.14 payable to Communications Engineer-
ing Company for parts and labor for installation of Police Recording
System into the Police Radio System.
Appropriation Ordinance No. 76-1952 from Community Development Fund
Account 429-116 in the amount of $1,633.83 payable to Thomas E. Bar-
ber fir administrative planning g management consultant services.
Appropriation Ordinance No. 76-1953 from Water & Sewer Fund Acct.
711-720 in the.amount of $3,189.95 payable to Water & Sewer Acct.
720-118 for payment to Morehead, Sharp & Tisdel Attorney fee for
Canadian River Municipal Water statement (10/15/73 to 5/10/76).
May f~, 1976 Page 5
VIII.
IX.
MINUTES CITY COUNCIL REGULAR MEETING
Appropriation Ordinance No. G0332-76 from the G.O. Bond Account
424-807 in the amount of $3,267.60 payable to City of Ptainview
Service Center Fund 425 for materials used in relocating water
lines & hydrants in highway 194 project.
F. Receive for consideration, discussion and adoption, the following
resolutions:
Receive for consideration, discussion and adoption, Resolution No.
R76-073, a resolution of the governing body of the City of Plainview
establishing land acquistion policy and procedures.
R~ceive for consideration, discussion and adoption, Resolution No.
R~6-074 accepting the appraisal and establishing the fair market
lue of .the land proposed for acquisition for flood and park pur-
ses known as Curry Lake under the Community Development Grant for
1975.
OLD BUSINESS:
A. Discuss dates for proposed budget work sessions~hd call special meetings.
(Optional dates[ Thursday, May 27th; June lst; and June 3rd)
B. Discuss Mayors and Council's assignments to the various authorities,
boards, commissions and committees as ex-official members. (See attached)
C. Receive for filing, Pioneer Natural Gas Company profit and loss state-
ment as requested. (See attached)
D. Discuss selection of a date for~a special meeting to review and establish
the City of Plainview's priorities for the 70's.
Discuss Water Reclamation Plant Alternative for compliance with Texas
Water Quality Board Enforcement Order No. 75-37 and discuss possibility
of a meeting, with the Texas Water Quality Board. (See attached letters)
F. Receive for filing, City Attorney's opinion for the demolition and re-
moval of substandard vacant structures. (See attached)
NEW BUSINESS:
A. Section 13 of the Charter of the City of Plainview provides, "The Council
shall elect one of its members, Mayor Pro-Tem, etc.".
Receive for filing, in reference, letter dated May 4, 1976 from the Texas
Health Resources concerning solid waste disposal for the City of Plainview
Permit application #253, 1705 Southwest 3rd Street, Plainview, Texas.
(See attached letters)
C. Receive for filing, copy of the May 31st Airport Board Maintenance Fund
Report.
D. Receive for filing, April State Sales Tax Report.
May ~, 1976 Page 6
Me
me
Ge
MINUTES CITY COUNCIL REGULAR MEETING
Discuss procedure for the selection Of an auditor for the 1975-76.
Authorize advertize and approve specifications for material for 1976
seal coat program.
Authorize financial adviser to advertize for bids to be received on
July 13, 1976 for the sale of $550,000 of City of P!ainview Park Bond
funds for 1976.
Approve Engineer role on 1976 Assessment Paving Program.
Status reports on the following items:
1. 701 Comprehensive Master Plan
2. Community Development Grant Application
3. Community Development Grant Progress
At Curry 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. StateHighway 194
9. Interstate 27
10. U.S. Highway 70
11. Codification of Ordinances
12. Flood Insurance
13. Economic Development Application
t4. MBPXL Building
15. Service Center Open House
16. 1976-77 Budget
17. Housing Demolition Program
18. Voting Rights Act
19. Zoning Ordinance Adoption Procedure
20. Safe Water Drinking Act
21. Texas Department of Health, Sanitation Disposal Regulation
22. 16th Playa Lake
DEPARTMENTAL REPORTS
MISCELLANEOUS:
A. Appropriation Ordinance No. 76-1954 from the Community Development Fund
Account 429-750 in the amount of $495.00 payable to Charles R. Rhodes
for appraisal of 83.55 acres from Curry Lake land.
May 25, 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 J. Robert Wayland presiding and
the following Alderman present: Medlin Carpenter, Jeane Browning, Tom Almon, Lloyd
C. Woods and A. William SoRelle, Jr..
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, Bill Rogers-Pamk Supervisor, Mike McGregor-Administrative Assistant and
Emma Quintanilla-Administrative Secretary.
Also present were Richard Orr-Plainview Daily Herald, Jim Davis-Plainview Re-
porter News, Chuck Martin-KVOP Radio, Bill Bruder-KKYN Radio., Charles Bechtold-KAMR
in Amarillo, Larry Peckham-Hillcrest Motel, Howard Hatch-Hatch Automotive, Herbert
Lee Bailey, Don Mouser, James Reed, John F. McDonough, R. H. BrOwn and Jack Kuntz.
Invocation was given by Marshall Pharr.
The Mayor presented Certificates of Appointments to the following: ~How~rd Hatch-
Mayor's Environmental Study Committee, John F. McDonough-Building Code Board of Ap-
peals and Don Mouser-Fire Code Board of Appeals.
It was moved by Alderman Carpenter, seconded by Alderman Browning, to close the
public hearing on Zone Case No. 294, the request of L. A. Peckham for rezoning of 6
acres of land out of J. M. Pressler Homestead Survey, Hale County, Texas, described
as follows: BEGINNING at an iron stake set in the Northeast corner of a 9 acre tract
heretofore conveyed to George M. Schick, Jr., by W. B. Meredity by Deed of Records
in Volume 149, Page 392, for the Northeast corner of this tract; THENCE South with
fence on West side of State Highway 184.3 varas to 5/8 inch rod under fence in West
line of Highway rights-of-way; THENCE West with fence 184.3 varas to 5/8 inch rod
under fence in West line of J. M. Press!er Homestead Survey and in East line of
Section No. 41, Block JK-2; THENCE North 0° 33' East 184.3 varas to iron stake to
May 25, 1976 Page 2
MINUTES CITY COUNCIL REGULAR MEETING
corner of fence, the Northwest corner of tract described in Volume. 149, Page 392,
Deed Records, Hale County, Texas; THENCE East 182.8 varas to PLACE OF BEGINNING,
SAI~ AND EXCEPT 0.686 acres, of land, more or less, conveyed to the State of Texas
by Deed dated November 30, 1962, recorded in Volume 427, Page 247, Deed Records,
Hale County, Texas, from an R-1 Zone to a C-2 Zone for Commercial use, located at
1300 South Columbia.° Motion carried unanimously.
It was moved by Alderman Browning, seconded by Alderman SoRetle, to adopt Ordinance
No. 76-1949, amending the Zoning Map of the City of Plainview. Motion carried unani-
mously.
After a lengthy discussion, it was moved by Alderman Carpenter, seconded by Alder-
man Woods, to suggest that the Planning Board g Zoning Commission consider~rezoning all
of ~Block 9, Wye Addition Unit No. 4, from an R-3 Zone to a C-1 Zone ~Jcommercial use.
Motion carried unanimously. (Mr. James Reed, Zone Case #295),
It was moved by Alderman Browning, seconded by Alderman Carpenter, to approve the
minutes of the regular City Council meeting held on May 11, 1976. Motion carried unani-
mously.
Received for filing, copies of-the following minutes: Board of Adjustment meeting,
April 26th; Planning Board g Zoning Commission, Mayt3th; and Civil Defense Committee,
May 19th.
It was moved by Alderman Browning, seconded by Alderman Woods, to remove from study
to New Business, Ordinance No. 74-1465, providing for the monthly adjustments in the
rate charges for the sale of natural gas services. Motion carried unanimously.
The study of an industrial park at the Ptainview/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 Companywarehouse, will continue. No action was taken at this time.
The~following people have been asked to meet with the Mayor to discuss the
May 25, 1976 Page 3
MINUTES CITY COUNCIL REGULAR MEETING
Charitable SolicitatiOns Commission Ordinance: Bruce Campbell-Chairman of this Commis-
sion, Jeane Browning~ Joe Sharp, Joe Wood, Jim Ferrell, Jack Morris, Rob .Gentry and~
Mrs. Guy Mangus. No date has been set.
The study and preparation of establishing an ordinance on maximum noise levels is
still under study.
The Zoning Ordinance establishing zoning regulations and districts in accordance
with a comprehensive plan and within such districts regulating the use of l~and, build-
ings and structures, etc., is still under study and will continue.
An ordinance prescribing, rules and regulations governing plats, plans and sub-
divisions of land within the incorporated area of Plainview, ~Texas, herein defined as
the "City", etc., is still under study and will continue.
It was moved by Alderman Carpenter, seconded by Alderman Woods, to adopt Ordinance
No. 76-1947~an ordinance prohibiting the keeping of any poisonous snake, poisonous
reptile, or wild'animal within the City limits of the City of Plainview, unless a permit
for the keeping of said animal is obtained from the Director of Public Safety of the
City of Plainview. Motion carried unanimously.
It was moved by Alderman Woods, seconded by Alderman SoRelle, to adopt Appropriation
Ordinance No. 76-1951, from the Revenue Sharing Account 427-816 in the amount of $299.14
payable to Communications Engineering Company for parts and labor for installation of
Police Recording System into the Police Radio System. Motion carried unanimously.
It was moved by Alderman Almon, seconded by Alderman Browning, to adopt Appropria~
tion Ordinance No.-CDt~004 from the Community Development Fund Account 429-116 in the
amount of $1,633.83 payable to Thomas E. Barber for administrative planning g manage-
ment consultant services. Motion carried unanimously.
It was moved by Alderman Carpenter, seconded by Alderman Woods, to adopt Appropria-
tion Ordinance No. 76-1953 from Water g Sewer Fund Account 711-720 in the amount of
$3,189.95 payable to Water & Sewer Fund Account 720-118 for payment to Morehead, Sharp
May 25, 1976 Page 4
&
MINUTES CITY COUNCIL REGULAR MEETING
& Tisdel Attorney fee for Canadian River Municipal Water statement from 10/15/75 to
5/10/76. Motion carried unanimously.
It wes moved by Alderman Browning., seconded by Alderman Carpenter, to adopt Ap-
propriation Ordinance No. G0332-76, from the G. O. Bond Accouter 424-807 in the amount
of $3,267.60 payable to the City of Plainview Service Center Fund 425 for materials
used in relocating water lines & hydrants in highway 194 project. Motion carried un-
animously.
It was moved by Alderman SoRelle, seconded by Alderman Almon, to adopt Resolution
No. R76-073, a resolution of the governing body of the City o'f Plainview establishing
land acquisition policy and procedures. Motion carmied unanimously.
It was moved by. Alderman Woods, seconded by Alderman SoRelle, to adopt Resolution
No. R76~074, a resolution accepting the appraisal and establishing the fair market
value of the land proposed for acquisition for flood and park purposes known as Curry
Lake under the Community Development Grant for 1975. Motion carr±edunanimously. (The
amount being $29,000).
It was moved by Alderman Carpenter, seconded by Alderman Browning, to adopt Appro-
priation Ordinance No. CD1-005, from the Community Development Fund Account ~29-750 in
the amount o.f $495.00 payable to Charles E. Rhodes for appraisal of 33.55 acres of land
from Curry Lake. Motion carried unanimously.
It was moved by Alderman Almon, seconded hy Alderman Woods, to approve the optional
dates for the proposed budget work sessian of May 27th & June 1st and June Std. Motion
carried unanimously.
The Mayor's and Councilman's assignments to the various authorities, boards, com-
missions and committees is still under study.
Received for filing, Pioneer Natural Gas Company profit and. loss statement as re-
quested.
The selection of a date for a special meeting to review and establish the City of
May 25, 1976 Page 5
MINUTES CITY COUNCIL REGULAR MEETING
Plainview's priorities for the 7O's is still under study.
Discussion was held on the Water Reclamation Plant Alternative for compliance with
Texas Water Quality Board Enforcement Order No. 75-37 and the possibility of a meeting
with the TWQB. A letter has bee~.sent to them asking of this meeting and a reply is
awaited.
Received for filing, City Attorneyts opinion for the demolition and removal of
substandard vacant structures.
It was moved by Alderman Atmon, seconded hy Alderman SoRelle, to appoint Medlin
Carpenter as Mayor Pro-Tem. Motion carried unanimously~after Alderman Browning moved
that nominations be ceased. It was seconded by Alderman Almon and motion carried un-
animously.
Received for filing, letter dated May 4, 1976 from the Texas Health Resources con-
cemning solid waste disposal for the City of Plainview Permit application #253, 1705
Southwest 3rd Street, Plainview, Texas.
Received for filing~ copy of the May 31st Airport Board Maintenance Fund Report.
Receive for filing, April State Sales Tax Report.
It was moved by Alderman Woods, seconded by Alderman Carpenter, to appoint Jimmie
Holmes as the City of Plainview's auditor for 1975-76. Motion ca,tied unanimously. It
was also recommended by Alderman Carpenter to s~art at a earlier date next year for the
appointment of an auditor.
It was moved by Alderman Almon, seconded by Alderman Woods, to authorize the adver-
tizement for specifications for material for 1976 seal coat pmogrram.
It was moved by Alderman ~Almon, seconded by Alderman Woods, to authorize finan¢i~I
advisor to advertize for bids to he received on July 13, 1976 for the sale of $550,000
of the City of Plainvlew's Park Bond funds for 1976. Motion carried unanimously.
It was moved by Alderman Carpenter, seconded by Alderman Woods, to approve the En-
gineer role on 1976 Assessment Paving Program. Motion carried unanimously.
May 25, 1976 Page 6
MINUTES CITY COUNCIL REGULAR MEETING
A status report was given by City Manager that a letter was received from the
U. S. Attorney General stating that the bi-lingual on the annexations had b~en approved
plus the election proceedures~ but the Charter Amendments had not been approved yet.
It was m~ved by Alderman Carpenter, seconded by.Alderman Browning, to adjourn the
meeting there being no further business. Motion car.ried unanimously. Meeting adjourned
at 10:20 p.m..
ATTEST:
M. L. REA, City Clerk