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HomeMy WebLinkAbout76 0810 minPLAINVIEW CITY COUNCIL AGENDA August 10, 1976 7:80 P. M. City Council Chambers 901 Broadway Plainview, Texas CITY COUNCIL AGENDA INVOCATION: Marshall Pharr II. 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 age~ you will be heard at th~ have an item you want t, your request known in w~ least one week in advert, held on the second and ~ senCe is appreciated all of the Cily Council~ Article 6252-i7, V.T.C. September 1, 1975 to re, posted in a public plac. lic at all times; the C authorized the posting ida, please advise the City Clerk and earliest convenience. SHould you appear on th, agenda, please make ~iting to the Mayor or City Manager at ~e of the regular City Council meetings [ourth Tuesday of each month. Your pre- 1 you are invited to attend any part or meetings. ~., the Open Meetings Law, was revised uire: (1) Notice of any meeting to be readily accessible to the general pub- ty Council of the City of Plainview has ~o be in the Plainview City Hall and the Plainview Police Department reception area, which is readily ac- cessible to the general public at all times, (2) Any additional subject not previously included on the published and posted agen- da shall be accompanied by a statement describing the nature of 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, preceding the Council Meeting unless ac- companied by a statement describing the nature of the urgent pub- lic necessity requiring the addition to the agenda. Be Receive for consideration, discussion and approval, the appoint- ments of members to the various boards, commissions, authorities and committees, as recommended by the.Mayor~ 1. Planning BOard $ Zoning Commission - resignation of Jack Gibson. C. Receive for confirmation and oath of office, the following appointed authority, board, commission and committee members: Parks, Open Space & Recreation Advisor~ Committee Tut Tawwater Mrs. Billie Bass Mayor's Environmental Study Committee Eddie Guffee D. Hearing Visitors Present: III. BID OPENINGS: (None) IV, PUBLIC HEARINGS: (None) August 10, 1976 Page 2 CITY COUNCIL AGENDA V® ZONE CASES: (NOne) VI. APPROVAL OF MINUTES': A. Approval of minutes of the regular City Council meeting held July 27, 1976. Be Receive for filing, copies of the following minutes: Parks, Open Space & Recreation Advisory Committee, June t6th & July 28th; Plainview/Hale County Airport Board, July 14th; Planning g Zoning Commission, July 22nd; Board of Adjustment, July 26th; and Unger Memorial Library Advisory Committee, August 2nd. VII o AUTHORIZATION FOR STUDY, PREPARATION, INTRODUCTION AND ADOPTION OF ORDINANCES, RESOLUTIONS~AND PROCLAMATIONS: CONTINUE STUDY Discuss proposed ordinances and continue study or authorize the City AttOrney to prepare: Study or authorize the City Attorney to prepare ordinances and/or contrmcts designating an industrial park at the Plainview/ Hale County Aimport. CONTINUE STUDY Study or authorize the City Attorney to prepare ordinances and/or contracts designating an' industrial park as recommended by the Plainview Industrial Fotmdation and approved by the City Council for the Gebo Company warehouse. CONTINUE STUDY Discuss recommendations of the City of Plainview Charitable Soli- citations Commission and authorize the City Attorney to prepare amendments as recommended and approved. Authorize the City Attorney to prepare an ordinance amending the cost of services and license fees and pound charges for animal control. B. Discuss and authorize 'ih~roductionof the following Ordinances: STUDY FOR ADOPTION t0/76 Zoning Ordinance, an ordinance by the provisions of Article 101la, 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 requirements for off-street parking, regulating the erection, re- pair and alternation of all building and structures; providing for specific use permits for certain uses; recognizing non-conforming uses and structures and rules for the regulation thereof; creating a boardof adjustment and providing rules and regulations for its organization, procedure, jurisdiction and'powers; setting forth the requirements for building sites and the manner of their crea- tion providing for a certificate of occupancy and compliance; de- fining certain terms; adopting a zoning district map and making it part of this ordinance; making all figures, letters, markings, symbols and charts containing in said ordinance or shown on the August 10, 1976 Page 3 STUDY FOR ADOPTION 10/76 CITY COUNCIL AGENDA 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 providing injunctive 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-divisions of land within the incorporated area of Plainview, Texas, herein defined as the "City"; containing cer- tain definitions providing for final approval of sub-divisions by sections; prescribing regulations for streets, sidewalks, alleys, sanitary utilities and community facilities. Providing for a penalty of not more than $200. for each violation thereof; repealing all conflicting ordinances; providing a valid- ity clause; and providing an effective date. Receive for consideration, discussion and introduction, Ordinance No. , an ordinance fixing the water rates of the City of Plainview, Texas; and repealing all ordinances or psmts of ordin- ances in conflict herewith. (See attached ordinance) 4. Receive for consideration, discussion and introduction, Ordinance No. , an ordinance fixing rates~for the sale and delivery of water to those churches, schools, andnon-profit charitable civic organizations that have been or may be hereafter approved for the rates by the City Council of the City of Plainview, Texas. (See attached ordinance) 5. Receive for consideration, discussion and introduction, Ordinance No. , an ordinance setting the rates to be charged for the control of garbage; providing the manner of collection of the said charges; classifying one-family residences and apartment houses with two or more family apartments; and classifying commercial establishments. (See attached ordinance) ® Receive for consideration, discussion and introduction, Ordinance No. , an ordinance providing for a uniform monthly service charge for the collection of garbage and for furnishing water, sewer and' vector control services on single family dwellings to residents of the City of Plainview. (See attached ordinance) Receive for consideration, discussion and introduction, Ordinance No. , an ordinance prescribing policies of the City of Plainview in regard to furnishing water and sewer utility services; providing regulations pertaining to the connections of users of the City's water and sewer systems; prescribing~regulations per- taining to the operation of the City!s. water and sewer systems; and repealing all ordinances or parts ef ordinances in conflict herewith. (See attached ordinance) Receive for consideration, discussion and approval, ordinances pre- viously introduced: August 10, 1976 Page 4 SECOND READING CITY COUNCIL AGENDA Receive for consideration, discussion and adoption, ordinances creating an emergency, first reading and second reading: Receive for consideration, discussion and adoption, Ordinance No. 76-1972, an ordinance closing the hearing given to the real and true owners of propemty abutting upon sundry streets in the City of Plainview, Texas, within the limits hereinafter defined, as to special benefits to accrue to said property and the real and true owners thereof by virtue of'the improvements to be made to said streets within said limits; finding and de- termining the parcels of property abutting rupon said streets within the limits defined that .will be specially benefited and enhanced in value in excess of the amount of the portion .of the costs ofsaid improvements assessed against said abutting pro- perty and the real and true owners thereof, levying an assess- ment for the payment of a portiontol the costs of. improving said streets within the limits defined, fixing a charge and lien against said abutting properties, and the real and true owners thereof, providing for the issuance of assignable certificates upon the completion, and acceptance of said work, the manner and time of payment thereof, and providing fo~ the manner and method of collection of said assessments and certificates; determining the amount of cost to be paid by railways using, occupying or crossing any portion of a specific unit to be improved, and as- sessin g the entire cost of suehimprovements in the area between said railways or railroad companies, rails and tracks, dOuble tracks, turnouts and switches, and two feet on each side thereof to the railways owning said property or in lieu thereof giving the railway companies the option of making said improvements themselves; finding and determining the portions of streets de- scribed in the ordinances previouslyadopted; determining the necessity for improvement of certain streets, in regard to which the improvements will not be benefited in an amount in excess of the cost of the improvements, and providing for the release of any lien, express or implied, as against property abutting any portion of the street or streets to be impmoved in regard to which the assessments are not made for improvements;, declaring an emergency; providing that this ordinance shall become ef- fective immediately upon its passage; and providing a sever- ability Clause. (READ CAPTION ONLY) Receive for consideration, discussion and adoption, Appropriation Ordinances for the payment of bills which create an emergency: Receive for consideration, discussion and approval, Appropria- tion Ordinance No. 76-1973, from Revenue Sharing Account 427 in the amount of $8,073.66 payable to City of Plainview General Fund for installment on Jacobises Park Mower - $2,072.00 and installment on Motor Grader - sanitation - $6,001.66. Receive for consideration, discussinn and approval, Appropria- tion Ordinance No. 76-1974, from Pro-rata Construction Fund 434 in the amount of $60.0.00 payable to Floyd Banister for backhoe · work on sewer trench inVilla West/Town West Additions. August 10, 1976 Page 5 VIII. IX. CITY COUNCIL AGENDA Receive for consideration, discussion and approval, Appropri- tion Ordinance No. CD1-009, from Community Devel6pment 429 in the amount of $450.00 payable to W. F. Moore for removal of debris and clearing lot 300, East 13th. OLD BUSINESS: Receive for consi.deration-~and discussion, the recommendations of the Hale County Juvenile Advisory Board concerning the adoption of an ordinance establishing curfew pertaining to children under 17 years of age. B. Receive for discussion, policy for the revitalization of boards, commissions, committees and authorities for.the City of Plainview. C® Receive for consideration and discussion, the request for rate adjustments for Plainview Cable TV Company. (See attached citizens letter, present rate schedule). NEW BUSINESS: Receive for discussian and consideration, the request of Wayland College, requesting the designation of no parking in the 180~ Block of West 8th Street (Quincy to Raleigh) and the South 213 feet on the East side of Raleigh in the 800~Block. (See attached). B. Receive for consideration and discussion, motion from the Directors of Canadian River Municipal Water Authority. (See attached) C. Receive for consideration and discussion, the request of McGuire- Pritchard Builders, concerning improvements on llth ~ Amarillo Street Church of Christ. (See attached). Receive for consideration~and discussion, the request of Mr. 0. C. French for the declaring of surplus land at the City well. site at 2021 Houston. (See attached) Receive for consideration and discussion, the request of Plainview's Kiwanis Club 9th Annual Ptainview Air Show and receive for filing, -a policy naming Plainview Kiwanis Club, Expemimental Aircraft Asso- ciation, City of Plainview and Hale County as insured. (See attached) Receive for consideration and discussion, the request of Plainview Savings & Loan Association for the paving of alley at Lot 38, West- ridge Park Addition, Unit 1, City of Plainview, Hale County, Texas. (See attached). G. Receive for filing, Pioneer Natural Gas Company Pass-Through Gas Cost for the month of June, 1976~ (See attached) H, Status reports on the following items: 1. 701 Comprehensive Master Plan 2. Community Development Grant Application August 10, 1976 Page 6 CITY COUNCIL AGENDA 3. Community Development-Grant Progress A. 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. State Highway 194 9. Interstate 27 10. U. S. Highway 70 11. Codification of Ordinances 12. Flood Insumance t8. Economic Development ApPlication 14. MBPXL Buiiding 15. Service Center Open House 16. Housing Demolition Program 17. Voting Rights Act 18. Zoning. Ordinance Adoption Procedure t9. Safe Water Drinking Act 20. Texas Dept. of Health, Sanitation~Disposal Regulation 21. 16th Street Playa Lake DEPARTMENTAL REPORTS: 1. Municipal Court 2. Fund Activity Investment Summary 4. Police 5. Fire 6. Tax 7. Animal Warden 8. Traffic Control 9. Weed Control i0. Building tl. Library 12. Utility 13. Water Production & Water Reclamation Plant XI. MISCELLANEOUS: August: 10, 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 pom. 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 and Lloyd C. Woods. Also present were:~ Marshall Pharr-City Manager, M. L. Rea-City Clerk, Bill Hogge-Director of Public Works, Harold Gladman-Direetor of Planning, Johnnie Ballew- Director of Public Safety, Norman Huggins-Director of Finance, Mike McGregor-Admin- istrative Assistant, Bruce Bryon-Adminlstrative Assistant and Emma Quintanilla-Ad- ministrative Secretary. Also present were: Richard orr-pia~nview Daily'Herald, Jim Davis-Plainview Reporter News, Chuck Martin~KVOP Radio, Tut Tawwater-KVOP Radio, Bill Bruder-KKYN Radio, Charles Bech~old-KAMR in Amarillo, Vincent Brittian, Jim Bryant, Eddie Guffee, Melvin Barley~ Juanice H. Lancaster, James A. Lancaster, B. H. Brown, Steve Rampy and Larry Keltz. Invocation was given by Marshall Pharr. It was moved by Alderman Almon, seconded by Aldemman Woods, to appoint Dr. Gwin Morris to the Planning & Zoning Commission, to replace Jack Gibson, who is resigning because he is moving out of town. Motion carried unanimously. The Mayor presented certificates of appointments to the following people: Tut Tawwater-Parks, Open Space g Advisory Committee and Eddie Guffee-Mayor's Environmental Study Committee. It was moved by Alderman Carpenter, seconded by Alderman Browning, to approve the minutes of the regular City Council meeting held on July 27, 1976. Motion carried unanimously. Received for filing, copies of the following minutes: Parks, Open Space g Re- creation Advisory Committee~ June 16th g July 28th; Plainview/Hale County Airport Board, July 14th; Planning ~ Zoning Commission, July 22nd; Boamd of Adjustment, July 26th and Unger Memorial Library Advisory Committee, August 2nd. August 10, 1976 Page 2 MINUTES CITY COUNCIL REGULAR MEETING ( The study and authorization of the City Attorney to prepare an ordinance and/or contract designating an industrial park at the Plainview/Hale County Airport is con- tinuing. The study and authorization of the City Attorney to prepare an ordinance and/or contract designating an industrial park as recommended by the Plainview Industrial Foundation and approved by the City Council for the Gebo Company warehouse is con- tinuing. Study was to be continued on preparing an ordinance amending the cost and ser- vices for license fee and pound charges for animal control. The Zoning Ordinance establishing zoning regulations and districts in accord- ance with a comprehensive plan and within such districts regulating the use of land, buildings and structures, etc., is still under study. Marshall Pharr, City Manager, read some classifications and phases prepared by Bruce Byron, Administrative Assistant. An ordinance prescribing the rules and regulations governing plats, plans and subdivisions of land within the incorporated area of Plainview, Texas, herein defined as the "City", etc., is still under study. It was moved by Alderman Carpenter, seconded by Alderman Woods, to approve the introduction of Ordinance No. 76-1975, an ordinance fixing the water rates of the City of Plainview, Texas; and repealing all ordinances or parts of ordinances in conflict h~mewith. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman Almon, to approve the in- ( troduction of Ordinance No. 76~1976, an ordinance fixing rates for the sale and de- livery of water to those churches, schools and non-profit charitable civic organiza- tions that have been or may be hereafter approved for the rates by the City Council of the City of Plainview, Texas. Motion carried unanimously. It was moved by Alderman Browning, seconded by Alderman Carpenter, to approve the introduction of Ordinance No. 76-1977., an ordinance setting the rates to be August 10, 1976 Page MINUTES CITY COUNCIL REGULAR MEETING charged for the control of garbage; providing the manner of collection of the said charges, classifying one-family residence and apartments houses with two or more family apartments; and classifying commercial establishments. Motion carried unani- mously, It was moved by Alderman Carpenter, seconded by Alderman Woods, to approve the introduction of Ordinance No. 76-1978, an ordinance providing for a uniform monthly service charges for the collection of garbage and for furnishing water, sewer and vector control services on single family dwellings to residents of the City of Plainview. MotiOn carried unanimously. It was moved by Alderman Woods, seconded by Alderman Carpenter, to approve for introduction, Ordinance No. 76~1979, an ordinance prescribing policies of the City of Plainview in regard to furnishing water and sewer utility services, providing regula- tions pertaining to the connections of users of the City's water and sewer systems; prescribing regulations pertaining to the operation of the City's water and sewer systems; and repealing all ordinances or parts of ordinances in conflict herewith. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman Carpenter, to adopt Ordinance No. 76-1972, upon its second reading, an ordinanceclosing the hearing given to the real and true owners of propertY abutting upon sundry streets in the City of Plainview, Texas, Within the limits hereinafter defined, as to special benefits to accrue to said property and ~.the real and true owners thereof by virtue of the improvements to be made to said streets within said limits; finding and determining the parcels of property abutting upon said streets within the limits defined that will be specially benefited and enhanced in value in excess of the amount of the portion of the costs of said im- provements assessed against said abutting property and the real and truce owners there- of, levying an assessment for the payment of a portion ~of the costs of improving said streets within the limits defined, fixing a charge and lein against said abutting August 10, 1976 Page 4 MINUTES CITY COUNCIL REGULAR MEETING properties, and the real and true owners thereof, providing for the issuance of as- signable certificates upon the completion and acceptance of said work, the manner add method of collection of said assessments and certificates; etc. Motion carried unan- imously. It was moved by Alderman Browning, seconded by Alderman Woods, to adopt Appro- priation Ordinance No. 76-1973, from the Revenue Sharing Account 427 in the amount of $8,073.66 payable to City of Plainview General Fund for installment of Jacobes Park Mower and Motor Grader - sanitation. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman Almon, to adopt Appropriation Ordinance No. 76-1974, from Pro-rata Construction Fund 434, in the amount of $600.00 payable to Floyd Banfster for backhoe work on sewer trench in Villa West/Town West Addition. Motion carried unanimouSly. It was moved by Alderman Browning, seconded by Alderman Woods, to adopt Appro-~ priation Ordinance No. CD1-009, from Community Development Fund 429, in the amount of $450.00 payable to W. F. Moore for removal of debris and cleaning of lot, 300 East 13th. Motion carried unanimously, Steve Rampy with the Juvenile Probation Agency appeared before the City Council to discuss and answer questions pertaining to the ordinance concerning the adoption of a curfew to children 17 years of age and under. The City Council suggested that a meet- ing be made pubtie with the City Council, Mayor and parents and childrens being present. Mr. Rampy said he would be glad to set up a meeting and meet with anyone on this sub- ject. The policy of the revitalization of boards, commissions, committees and authorities for the City of Plainview is still under study. Discussion was held on the request for rate adjustments for Plainview Cable TV Company. Mr._James :Landcaster wit~Plalnview ~Cable TV was pmese~t to answer any ques~ ~ns ~the~COun¢i~ or public might ha~e¥. Mr. Britti~n appeared and wanted to k~ow why August 10, 1976 Page 5 MINUTES CITY COUNCIL REGULAR MEETING they had an answering service and they had to leave messages when they were having trouble with their cable. He also stated that he was never called back about his complaint. Mr. Landcaster promis~d'.to look into the matter of the answering service never calling him back. It was moved by Alderman Carpenter, seconded by Alderman Browning, to authorize the City Attorney to prepare a rate ordinance for the Plainview Cable TV. to adjust their rates. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Atmon, to approve the request of Wayland Baptist College to designate "No parking" in the 1800 Block of W. 8th Street (Quincy to Raleigh) and the South 218 feet on the East side of 'Raleigh in the 800 Block. Motion carried unanimously. City Attormey, Joe Sharp, is attending a hearing on the Canadian River Municipal Water Authority and will have some information later for the City Council. It was moved by Alderman Woods, seconded by Alderman Browning, to approve the request of McGuire-Pritchard Builders, concerning improvements on llth g Amarillo Street Church of Christ. Motion carried unanimously. It was moved by Alderman Almon, seconded by Alderman Carpenter, to deny the re- quest of Mr. 0. C.-French for the declaring of surplus land at the City well site at 2021 Houston, after hearing Bill Hogge, .City Engineer~ opinion that we not sell this property because the City might need the land for a future well site. Motion carried unanimously. Received for filing, a policy naming Plainview Kiwanis Club, Experimental Aircraft Association, City of Plainvi'ew and Hale County as insured. It was moved by Alderman Carpenter, seconded by Alderman Woods, to approve the request of Plainview Savings g Loan Association for the pa~ing of alley at ~ot Westridge Park Addition, Unit #1, City of Plainview, Hale County, Texas. Motion carried unanimously. Received for filing, Pioneer Natural Gas Company Pass-Through Gas Cost for the August 10, 1976 Page 6 MINUTES CITY COUNCIL REGULAR MEETING month of June, 1976. Alderman Browning made a comment that he was very pleased With the reduced cost. Alderman Browning Wanted to know what could be done as far as oum burglar systems' were concerned. Johnnie Ballew-Director of Public Safety, advised him that he is look- ing into this matter. Alderman Almon asked about the Municipal Court report, stating violations issued, 198 and cases tried, none. The Mayor informed the City Council that the Judge has Set up the date of August 19th, for having cases tried all day at 30 minutes intervals. The Judge is supposed to meet with the City Cotmcil and Mayor at ~heir work session on August 19th. Aldemman Almons and Woods asked Johnnie B&llew to check into the matter that there was only one policeman on duty from 7 am to 3 pm today~ Tuesday. Johnnie Ballew said he would chehk into this, but it was not probable. Alderman Browning asked Johnnie Ballew if our policemen, were afraid of certain people for fear of their lives or bodily harm. Johnnie Ballew stated that yes, this was true. Johnnie also stated that one certain individual was a juvenile and had 60 somewhat violations issued to him. Asked if this was not enough to take his license or control him and Johnnie stated that most of his violations had been dismissed. Johnnie Ballew recommended the adoption of the cumfew and Jeane Browning, Councilman agreed with him. It was moved by Alderman Woods, seconded by Alderman Atmon, to host (City) the meeting of August 30th, notifying the Hale County Commissioners, City Council and post the meeting. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman 'Browning, to file the re- pomts and meeiing be adjourned. p.m, ATTEST: /~~ Motion carried unanimously. Meeting adjourned at 10:45