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HomeMy WebLinkAbout76 1123 minPLAI NVIE~W CITY C~JNCI. L.] AGENDA November 23, 1976 7:30 P. M. City Council Chambers 901 Broadway Plainview, Texas CITY COUNCIL REGULAR MEETING INVOCATION: Norman Huggi'ns 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 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 request 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 pre- sence 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 revised effective September 1, 1975 to require: 1) Notice of any meet- ing to be posted in a public place readi, ly accessible to the gen- eral public at all times; the City Council of the City of Plain- view 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, and 2) Any additional subject not previously included on the published and posted agenda shall be accompanied by a statement describing the nature of the urgent public necessity requiring their addi- tion 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 accompanied by a statement describing the nature of the urgent public necessity requiring the addition to the agenda. Be Receive for consideration, discussion and approval, appointments of members to the various boards, commissions, committees and authorities, as recommended by the Mayor: 1). Community Improvement Committee 2). NeighborhoOd Improvement Committee C. Recieve for confirmation and oath of office, the following ap- pointed authority, board, commission and committee members: Community Improvement Committee Paul Butler 11/77 D. Hearing Visitors Present: November 23, 1976 Page 2 III. IV. CITY COUNCIL REGULAR MEETING BID OPENINGS: A® Receive for consideration,~'discussion and award, bids received and tabulated for the purchase of one (1) street sweeper, to be pur- chased with Revenue Sharing Funds. Be Receive for consideration, discussion and award, bids received and tabulated for the purchase of bleachers for the Broadway and Re- gional Parks, to be purchased with Park Bond Fund money. Ce Reminder of bid letting for the purchase of the following items: a) One (1) backhoe b) Sewer cleanout equipment c) One (1) compact vehicle d) Overhead doors for the Fire Depar'tment (Bids to be received and aWards made on December 14, 1976). Receive for consideration, discussion, approval and authorization, advertising of bids and specifications, for Restrooms at Bro~adway Park and 7th Street Park, to be received on December 14, 1976. Ee Receive for consideration, discussion, approval and authorization, advertising of bids and specifications for lighting systems at Running Water Draw Regional Park, to be received on December 14, 1976. F® Receive for consideration, discussion, approval and authorization, advertising of bids and specifications for backstops for Running Water Draw Regional Park, to be received on DeCember 14, 1976. Receive for consideration, discussion, approval and authorization, advertising of bids and specifications for fencing at Running Water Draw Regional Park, to be received on December 14, 1976. RUBLIC HEARING: A public hearing will be conducted on December 14, 1976, at 7:30 pm, for the purpose of correcting an error in Ordinance 76-1972, as authorized and approved~ by Ordinance No. 76-2015. ZONE CASES: (None) APPROVAL OF MINUTES: A. Approval of minutes of the regular City Council meeting held on November 9, 1976. Be Receive for filing, copies of the following minutes: Unger Memorial Library Advisory Committee, October 4th; Planning & Zoning Commission, October 28th; Traf~'c Safety Committee, November l~Oth; Electr~c~l Board of Examiners, November llth &'16th. November 23, 1976 Page 3 VII. CITY COUNCIL REGULAR MEETING AUTHORIZATION FOR STUDY, PREPARATION, INTRODUCTI'ON AND ADOPTIQNZOF ORDINANCES, RESOLUTIONS AND PROCLAMATIONS: A. Discuss proposed ordinances and continue study or authorize the City Attorney to prepare: Bo STUDY FOR ADOPTION STUDY FOR ADOPTION Discuss and authorize the introduction of the following ordinances: Zoning Ordinance, an ordinance by the provisions of Article lOlla, 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, buildings and structures; the height, bulk and locations of buildings; establishing minimum requirements for off-street parking, regulating the erection, repai~ and alternation of all buildings and structures; providing for specific use per- mits 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 organization procedure, jurisdiction and powers; setting forth the requirements for building sites and the manner of thier 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 charts containing in said or- dinance or shown on the map a part of this ordinance; pro- viding a penalty for violation of the provisions of such or- dinance 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. e An ordinance prescribing rules and regulations governing plats, plans and subdivisions of land within the incorpor- ated area of Plainview, Texas, herein defined as the "City"; containing certain definitions providing fOr final approval of subdivisions by sections; prescribing regul-~tions for streets, sidewalks, alleys, sanitary utilities and community facilities. Providing for a penalty of not mroe than $200 for each viola- tion thereof, repealing all conflicting ordinances; providing a validity clause; and providing an effective date. Receive for consideration, discussion and adoption, Ordinances pre- viously introduced: Receive for consideration, discussion and adoption, Ordinance No. 76-2014, an ordinance prohibiting parking on that part of 24th Street in the City of Plainview from the west boundary line of Date Street to the south boundary line of State High- way 87 (the same being I.H. 27); providing a penalty for the violation thereof; and declaring an emergency. November 23, 1976 Page 4 Ee m CITY COUNCIL REGULAR MEETING of the property descr the error that was ma of the findings and t all other property an Engineer's Roll; and against the owner of No. 1-76 of said City of levying an assessm real and true owner t tioned to said owner, assessment against sa at 7:30 P.M. on the 1 Chambers of City Hall time and place for th said abutting propert property or any of th assessment proceeding plies to Item 13 of U in the office of the recting the error mad Receive for consideration, discussion and adoption, Ordinance No. 76-201.5, an ordinance passed pursuant to the authority given the City Council of the City of Plainview by Article l105b and for the purchase of correcting an error in Ordinance No. 76-!972 passed by the City Council of the City of Plainview and in Section 4(b) thereof wherein Item 13 in Unit 1-76 was assessed as though it were a railroad crossing and whereas said Item 13 of Unit 1-76 described on the City Engineer's Roll de- scribes property owned by the Atchison, Topeka and Santa Fe Railway Company and adjacent to street to be paved in Unit 1-76 of said City Engineer's Roll; and adopting the written statement and report of the City Engineer showing the estimated total cost of all the improvements, the estimates of the cost per front foot proposed to be assessed against abutting property described in Item 13 of Unit No. 1-76 and the real and true owner thereof and the estimates of various other costs for the improvement of por- tions of Sundry Streets in the City of Plainview, Texas, within the limits hereinbelow described; and of other matters relating thereto; determining and fixing the portion of sa~i.d costs and the rate thereof proposed to be assessed and paid by the owner ibed in Item 13 of Unit No. 1-76; declaring ~e in Ordinance No. 76-1972;-reaffirming all ~e provisions of Ordinance No. 76-1950 as to ~ all other items and units of the said City fixing the portion of the cost to be levied the property described in Item 13 of Unit Engineer's Roll; determining the necessity .=nt against said abutting property and the hereOf for the portion of said cost appor- determining the necessity of levying an id property; ordering and setting a hearing 4th day of December, 1976, in the Council of the City of Plainview, Texas, at the e hearing of the real and true owner of y and all others interested in said abutting e proceedings and contract concerning said s and improvements insofar as the same ap- nit No. 1-76 of said Engineer's Roll on file City Clerk of the City of Plainview and cor- e in subsection (b) of Section 4. of said or- dinance No. 76-1972; and directing the City Clerk of the City of Plainview to give notice of said hearing as required by the laws of the State of Texas and the Charter of the City of Plainview; declaring and providing that this Ordinance shall take effect im- mediately upon its passage. Receive for consideration, discussion and adoption, Ordinances creat- ing an emergency, first reading: Receive for consideration, discussion and adoption, Appropriation Ordinances for the payment of bills which create an emergency: November 23, 1976 Page 5 CITY COUNCIL REGULAR MEETING Receive for consideration, discussion and adoption, Appro- priation ~Ordinance No. CDt-O16, from the Communtity Develop- ment Fund Account 429-750 in the amount of $50.00 payable to Carl Williams for plat and description of a 29.27 acre tract out of the J. N. Carter Homestead survey, Plainview, Hale County, Texas. Receive for consideration, discussion and adoption, Resolutions an d Procl amati ons: 1. 'Receive for consideration and adoption, a Resolution changing the official meeting dates for the month of December 1976, first and second Tuesdays, December 7th~a'.nd 14th respectfully. VIII· IX. OLD BUSINESS: Ae Receive for consideration and discussion, letter from Plainview Cable TV, concerning the franchise tax. (State meeting with Cable TV Personnel to be scheduled by Mayor for further date.) Receive for consideration and discussion, recommendation of the City of Plainview Park, Open Space and Recreation Advisory Com- mittee to prohibit parking on the west side of Ennis Street be- tween 16th & 18th Street. NEW BUISNESS: Ae Receive for filing, a copy of the letter from Vernon Clem, con- cerning Category 4 explanation of the Cost of Gas on the West Texas System as requested by the City Council. (See attached) Be Receive for consideration and discussihn, recommendation of the Park, Open Space & Recreation Advisory Committee, a policy con- cerning naming of City of Plainview parks. (See attached) De Receive for consideration and discussion, request of Fbontier?J Savings & Loan Association the feasibility of land development North of the Running Water Draw Park. C. Status reports on the following items: 1. 701 Comprehensive Master Plan 2. Community Development Grant Application 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 November 23, 1976 Page 6 Xe XI. CITY COUNCIL REGULAR MEETING 7. ERA, Inc. Negotiations 8. State Highway 194 9. Interstate 27 10. U.S. Highway 70 11. Codification of Ordinances 12. Flood Insurance 13. Economic Development Application 14. MBPXL Building 15. Housing Demolition Program 1.6. Zoning Ordinance Adoption Procedure 17. Safe Water Drinking Act 18. Texas Dept. of Health, Sanitation Disposal Regulations 19. 16th Street Playa Lake 20. Industrial Park at the Plainview/Hale County Airport 21. Designation of an Industrial Park for the Gebo Company warehouse DEPARTMENTAL REPORTS: 1. Fi re 2. Bui ldi~g 3. Traffi Control 4. Animal Warden 5. Library 6. Utility 7. Fund Activity 8. Investment Summary 9. Water Production & Water Reclamation MISCELLANEOUS: Receive for consideration, discussion and adoption, Appropriation Ordinance No. CDI-O17, from Community Development Fund Account 429-680 in the amount of $1,581.50 payable to City of Plainview General Fund for Code Enforcement (Clean-up of Lots 10 thru 14, Block 1, Molino) (Lots 19 & 20, Block 2, Molino). Public Service property adjacent to Curry Lake Park. A public hearing is being held to obtain citizen input concerning the Community Development Block Grant Program of th6 U.S. Depart- ment of Housing and Urban Development. Receive for consideration, discussion and adoption, Appropriation Ordinance No. 76-2016, from the Revenue Sharing Fund Account 429- 680 in the amount of $875 payable to W. F. Moore for removal debris and cleaning of Lots at 1413 Lexington and 408 W. 20th. November 23, 1976 Page 7 CITY COUNCIL REGULAR MEETING ZONE CASES: Ae Receive for consideration hand discussion, Zone Case No. 313, re- quest of Sam Moore for rezoning of Lot 1, Block 40, Highland Ad~ dition, from an R-2 Zone to a R-3 Zone for multiple family use, located at 1213 Nassau. Bm De Receive for consideration, di.~ 76-2017, an ordinance amendin( vi eW.o ~. Receive for consideration and quest of Edwin Vadder for rez( Block 2, all in Edgemere Heig~ C-1 Zone for commercial use, Road. Receive for consideration, di 76-2018, an ordinance amendin view. cussion and adoption, Ordinance No. the zoning map of the City of Plain- discussion, Zone Case No. 314, re- ining of Lot 2, Block 3, and Lot 6, ~ts Additi. on, from an R-1 Zone to a ocated in the 2700 Block of Dimmitt cussion and' adoption, Ordinance No. the zoning map of the City of Plain- November 23, 1976 7:30 P. M. MINUTES CITY COUNCIL REGULAR MEETING The City Council of the City of Plainview mdt 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, Lloyd Woods and Bill SoRelle. Also present were Marshall Pharr-City Manager, M. L. Rea-City Clerk, Joe Sharp- City Attorney, William R. Hogge-Director of Public Works, Harold Gladman-Director of Planning, Johnnie Ballew-Director of Public Safety, Norman Huggins-Director of Finance, Bruce Byron-Administrative Assistant, Billy Rogers-Park Supervisor and Emma Quintanilla- Administrative Secretary. Also present were Gary Ott-Plainview Dai.l~. Herald, Jim Davis-Plainview Reporter / News, Chuck Martin.and Tut Tawwater-KVOP Radio, ~ary Mack-KKYN Radio, Charles Bechtold- KAMR in'Amarillo, Sam Moore, Everett Monroe, Ed Vadder and Gordan Zeigler-Lubbock Avalanche Journal. Invocation was given by Norman Huggins. It was moved by Alderman Woods, seconded by Alderman SoRelle, to reappoint Jack Oswald to the Plainview/Hale County Airport Board for a term of 3 years, to expire on January, 1980. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Browning, to appoint Bruce Campbell, Mack Rice and Louis Thomas to the Board of City Development for a 3 year term to expire on December, 1979. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Browning, to award the bid for the purchase of one street sweeper to West Texas Equipment Company of Lubbock, Texas in the amount of $32,957.00. Motion carried unanimously. (Mr. Everett Monroe was present to represent the West Texas Equipment Company.) It was moved by Alderman Woods, seconded by Alderman SoRelle~ to award the bid for the purchase of bleachers for the Broadway and Regional Parks to Sturdisteel Co. of Waco, Texas in the amount of $10,250.00. Motion carried unanimously. November 23, 1976 Page 2 MINUTES CITY COUNCIL REGULAR MEETING Reminder of bid letting for the purchase of the following items, to be received on December 14, 1976: 1) One backhoe, 2) Sewer Cleanout Equipment, 3) One compact vehicle, and 4) overhead doors for the Fire Department. *It was moved by Alderman Browning, seconded by Alderman Carpenter, to approve and authorize advertising of bids and specifications for restrooms at Broadway and 7th Street Parks. Motion carried unanimously. *It was moved by Alderman Woods, seconded by Alderman SoRelle, to approve and authorize the advertising of bids and specifications for fencing at Running Water Draw Regional Park. Motion carried unanimously. *It was moved by Alderman Browning, seconded by Alderman SoRelle, to approve and authorize the advertising of bids and specifications for backstops for Running Water Draw Regional Park. Motion carried unanimously. *All above to be received on Decembe~ 14, 1976. It was moved by Alderman Woods, seconded by Alderman SoRelle, to approve and ~ authorize the advertising of bids and specifications for lighting systems at Running Water Draw Regional Park to be received on January 3, 1977. Motion carried unanimously. Notice of Public Hearing to be conducted on December 14, 1976, at 7:30 p.m., for the purpose of correcting an error in Ordinance No. 76-19.7.2, as authorized and approved by Ordinance No. 76-2015. It was moved by Alderman Carpenter, seconded by Alderman Woods, to approve the City Council Regular Meeting minutes of November 9, 1976. Motion carried unanimously. Received for filing, copies of the following minutes: Unger Memorial Library Advisory Committee, Planning & Zoning Commission, Traffic Safety Committee and Board of Electrical Examiners. The Zoning Ordinance is still under study by the Mayor and City Council, along with the Ordinance on rules and regulations. It was moved by Alderman Browing, seconded by Alderman Carpenter, to adopt November 23, 1976 Page 3 MINUTES CITY COUNCIL REGULAR MEETING Appropriation Ordinance No. CDt~-O16, from the Community Development Fund Account 429-750 in the amount of $50.00 payable to Carl Williams, for plat and description of a 29.27 acre tract out of the J.N. Carter Homestead Survey. Motion carried unanimously. It was moved by alderman Woods, seconded by Aldel~man SoRelle, to adopt Ordinance No. 76-2014., an ordinance prohibiting parking on that part of 24th Street in the City of Plainview from the west boundary line of Date Street to the south boundary line of State Highway 87 (the same being I.H. 27); providing a penalty for the violation th~.e~. of; and declam~i~ng an emergency. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Woods, to adopt Ordinance No. 76-2015, an ordinance for the purpbse of correcting an error in Ordinance No. 76-1972. Motion carried unanimously. It was moved by Aldeman Carpenter, seconded by Alderman SoRelle, to_adopt'~O~dinance ~ No. 76-2019, an ordinance changing the regular City Council Meeting date from December 28, 1976 to December 7, 1976. Motion carried unanimously. The letter from the Plainview Cable TV, concerning the franchise tax, is still under study. It was moved by Alderman Carpenter, seconded by Alderman Browning, to discuss at the City Council Work Session, December 2, 1976, the recommendations of the Park, Open Space & Recreation Advisory Committee to prohibit parking on the west side of Ennis Street between 16th & 18th Street. Motion carried unanimously. ~', Received for filing, letter from Vernon Clem, concerning Category 4 explanation of the Cost of Gas on the West Texas System as requested by the City Oouncil. Discussion was held on the recommendat~on of the Park, Open Space & Recreation Ad- visory Committee's proposed policy concerning naming of City Parks. It was moved by Alderman Woods, seconded by Alderman SoRel~l~e, to authorize the City Manager and City Engineer to proceed with the study, requested by Randy Kidd and Barry Miller, the feasibility of land development South of the Running Water Draw Regional Park. November 23, 1976 Page 4 MINUTES CITY COUNCIL REGULAR MEETING Motion carried unanimously. It was moved by_Alderman Browning, seconded by Alderman SoRelle, to adopt Appro- priation Ordinance No. CDI-O17, from Community Development Fund Account 429-680 in the amount of $1,581.50 payable to City of Plainv~w General Fund for Code Enforcement (clean-up of Lots 10 thru 14, Block 1, Molino'and Lots 19 & 20, Block 2, Molino, adja- cent to Public Service property and to Curry Lake Park.) Motion carried unanimously. *A public hearing was conducted concerning_C~t~zen input'~on the Community Develop- ment Block Grant Program of the U.S. Department of Housing & Urban Development, pre- sented by Bruce Byron-Administrative Assistant. A'fter discussion, it was moved by Alderman Carpenter, seconded by Alderman Woods, to close the public hearing. Motion carried unanimously. It was moved by Alderman SoRelle, seconded by Alderman Carpenter, to adopt Resolu- tion No. R76~077, a resolution concerning the community development grant application for 1977. Motion carried unanimously. *HUD Community Point--System 1977: l) Standard Housing l0 Points 2) Poverty 10 " 3) Benefit to Low & Moderate Income 35 " 4) Expansion or Conservation of Low or Moderate Income Housing25 " 5) Serious threat to health or safety 10 " 6) Involvement of Other Resources 10 " TOTAL 100 " $186,200 20,000 10,000 12,000 21,800 $250,'b~0 TOTAL Paving Housing Rehabilitation Code Enforcement Admi nis trati on Contingency It was moved by Alderman Carpenter, seconded by.'Alderman Browning, to adopt Appro- priation Ordinancell.NO. 78-2016, from the Revenue Sharing Fund Account 427-680 in the amount of $875.00 payable to W. F. Moore for revoval of debris and cleaning of lots at 1413 Lexington and 408 W. 20th. Motion carried unanimously. November 23, 1976 Page 5 MINUTES CITY COUNCIL REGUL, AR MEEING It was moved by Alderman SoRelle, seconded by Alderman Browning, to adopt Ordinance No. 76-2017, an ordinance amending the zoning map of the City of Plain- view on Zone Case No. 313, request of Sam Moore for rezoning of Lot 1, Block 40, Highland Addition, from an R-2 Zone to a R-3 Zone for multiple family use, located at 1215 Nassau. Motion carried unanimously. It was moved by Alderman SoRelle, seconded by Alderman Carpenter, to approve Zone Case No. 314, request of Edwin Vadder for rezoning of Lot 2, Block 3, and Lot 6, Block 2, all in Edgemere Heights Addition, from an R-1 Zone to a ~-1 Zone for com- mercial use, located in the 2700 Block of Dimmitt Road. Motion carried unanimously. It was moved by Alderman Browning, seconded by Alderman Carpenter, to adopt Ordinance No. 76-2018, an ordinance amending the zoning map of the City of Plainview on Zone Case No. 314. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman SoRelle, to appoint Johnnie Ballew as Acting Chief of Police. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman Browning, to adopt the Job Description as presented by Marshall Pharr on Chief of Police. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alde~r~man Carpenter, to autho~i-ze preparation of a resolution for "Law Enforcement" for the Austin meeting. Motion carried unanimously, a Reminder of a joint meeting in Abern thy at Graham's Restaurant on Monday, Nov- ember 29, 1976 at 7:00 p.m. It was moved by Alderman Browning, seconded by Alderman SoRelle, to authorize City Manager-Marshall Pharr to attend the Industrial Tour at Cincinati and Cleveland Ohio on December 6 10, 1976. Motion carried unanimously. It-was moved by Alderman Carpenter, seconded by Alderman Browning, to adjourn the meeting. Motion carried unanimously. Meeting adjourned at 9:45 p.m. November 23, 1976 MINUTES CITY COUNCIL REGULAR MEETING Page 6 ATTEST: M. L. REA', City Clerk