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HomeMy WebLinkAbout77 1122 minPLAINVIEW CITY COUNCIL REGULAR MEETING November 22, 1977 Cit~ Council Chambers 7:30 P. M. CITY COUNCIL MINUTES The City Council of the City of Plainview met in regular session at 7:30 P. M. in the City Council Chambers of the City Hall with Mayor J. Robert Wayland presiding and the following Councilmen present: Jeane~Browning-Place One; Medlin Carpenter-Place Two; Lloyd Woods~Place Three; Tom Almon-Place Four; and William SoRelle-Place Five. Also present were the following City Staff: Marshall Pharr-City Manager, Joe Sharp- City Attorney, Wm. R. Hogge-Director of Public Works, Harold Gladman-Director of Planning, Johnnie Ballew-Director of Environment and Safety, Norman Huggins-Director of Finance, Alan Stewart-Director of Police Services, Woody Sevison-Director of Fire Services, Bob Richards-Building Inspector, M. L. Rea-City Clerk and Debbie Hall-Administrative Secretary. Also present were the following visitors: Chuck Mart~n-KVOP Radio, Charles Bechtold, Doug McDonough-Plainview Daily Herald, Gene Gaines-Attorney, Mike Howell, Drew Cartwright, Ricky Marks, Jeff Wright, Mike Barley, Mitchell McDonough, Kenneth Anderson, Greg Reed, Jackie Anderson, Vertis Barley, D. L. Wright, F. F. Calhoun, William R. Rice, Loyd Belk, Cary Eaves, and Randall Kidd. Invocation was given by Norman Huggins. Present to receive their Certificate of Appointment to the Subdivision Advisory Board were Randall Kidd, Carey Eaves and Loyd Belk. Bill Rice and Mike Howell p~esented the Mayor with a check in the amount of $10,000 as a donation from the Rotary Club for the new Community Center. It was moved by Alderman Browning, seconded by Alderman Woods, to award bid for 1977 Street Assessment Paving Program to High Plains Pavers in the amount of $397,873.10 and authorize the Mayor to sign contract as- provided for in Ordinance No. 77-2160, an ordinance asserting correctness of preamble and directing the Mayor of the City of Plainview, Texas, to execute contract with High Plains Pavers, Inc., a Corporation, and specifying the terms thereof. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman SoRelle, to adopt Ordinance No. November 22, 1977 Page 2 CITY COUNCIL MINUTES 77~21~61, an ordinance approving the form and substance of contract and contract documents executed by High Plains Pavers, Inc. providing for construction of improvements to be made to certain streets in the City of Plainview; authorizing and directing the Mayor to execute same; accepting the payment bond and performance bond; directing the City Engineer to prepare and file with the City Clerk extimates and rolls as required by law for each street unit to be so improved; prescribing information to be shown in said estimates and rolls. Motion carried unanimously. Reminder of bid l~etting on purchase of two 5/8 ton pickups, two 3/4 ton pickups and three dump trucks as budgeted from the Service Center Fund and Revenue Sharing Fund. Estimated cost is $41,500.00 and bids to be received on December 8, 1977 at 10:00 a.m. and awarded at the regular City Council meeting on December 13, 1977. Reminder of bid letting on purchase of street sign poles and steel drive rivets. Estimated cost is $5,000.O0~and bids to be received on December 8, 1977 at 10:00 a.m. and awarded at the regulars'City Council meeting on December 13, 1977. Reminder of bid letting for improvements to the Plainview/Hale County Airport. Bids to be received on December 13, 1977. It was moved by Alderman SoRelle, seconded by Alderman Browning, to approve Zone Case No. 360, the request of Lon D. Cartwright to rezone 1.98 acre tract out of the W/2 of Section 28, Block JK-2, Hale County, Texas: BEGINNING at the SE Corner of Westridge No. 2 Addition to Plainview,~Hale County, Texas, said point being 510.6' South of the NE corner of Block 1 of Kirchhoff's Subdivision; THENCE N.76°37.5'W., along the South side of alley, 256.75' to a point; THENCE S.O°12.4'W., 374.44' to a point, the SW corner of said Block 1; THENCE S..89°47.6'E., 250.0' to the SE Corner of said Block 1; THENCE N.Oel2.4'E., 315.95' to the PLACE OF BEGINNING and containing 1.98 acres~ located 600-700 Block I~27, from a C-1 Zone to a CGB Zone for Commercial Use. Motion carried Unanimously. It was moved by Alderman Carpenter, seconded by Alderman Woods, to adopt Ordinance November 22, 1977 CITY COUNCIL MINUTES Page 3 No. 77-2150, an ordinance amending the zoning map of the City of Plainview for Zone Case No. 360. Motion carried unanimously. Itwas moved by Alderman Carpenter, seconded by Alderman Almon, to approve Zone Case No. 362, the reqUest of Jack Oswald for rezoning 1.349 acre tract out of the J.M. Pressler Homestead Survey, Hale County, Texas: BEGINNING at a steel rod in the W. line of the J.M. Pressler Homestead Survey and 2,212.3' South of the NE Corner of Section. 41, Block JK-2, Hale County, Texas; THENCE South along the West line of said Homestead Survey and the East line of said Section 41, 235.0' to a steel rod; THENCE South 15.0' to a steel rod; THENCE South 89°59'E., 178.0' to a 5/8" steel rod in the West right-of-way line of U.S. Highway No. 87 Business Route; THENCE along said right,of-way line, northward around a cUrvei~to the left having a radius of 2,724.7' and a chord bearing N. 12°04'45"E., 255.66' to a steel rod; THENCE N.89°59'W., 261.5' to the PLACE OF BEGINNING and containing 1.349 acrea~ located 1100 Block South U.S. Highway 87 Business Route, from an R-1 Zone to a CGB Zone for Commercial Use. Moth, on carried unanimously. It was moved by Alderman Woods, seconded by Alderman ~lmon, to adopt Ordinance No. 77-2151, an ordinance amending the zoning map of the City of Plainv~ew for Zone Case No. 362. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Almon, to approvethe minutes of the regular City Council meeting held November 8, 1977. Motion carried unanimously. Received for filing, minutes of the following Commissions, Committees, Boards and Authorities: 1. Unger Memorial Library Advisory Committee 2. Parks, Recreation & Open Space October 3, 1977 November 7, 1977 It was moved by Alderman Woods, seconded by Alderman SoRelle, to authorize the introducti6nof Ordinance No. 77-2152, an ordinance changing the City Council Meeting of the City of Plainvi~w, Texas, which would ordinarily be held on December 27, to December 6, 1977. MotiOn carried unanimously. November 22, 1977 Page 4 CITY COUNCIL MINUTES It was moved by Alderman Carpenter, seconded by Alderman Browning, to introduce Ordinance No. 77-2153, an ordinance fixing the fee for the usage of the Shelter-House and the Rotary Center and fixing and requiring a clean-up deposit. MotJ. on carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Browning, to introduce Ordinance No. 77-2154, an ordinance making it unlawful to drive or operate, on or over any street in the City of Plainview, Texas, a vehicle transporting ready-mix concrete of a weight exceeding 12,000 pounds on a single axle, or exceeding 36,000 pounds on a tandem axle, or exceeding 48,000 pounds gross vehicle weight. Motion carried unanimously. It was moved by Alderman SoRelle, seconded by Alderman Almon, to introduce Ordinance No. 77-2155, an ordinance amending Section 39.04 of Ordinance No. 77-2090 of the City of Plainview. Motion carried unanimously. It was moved by Alderman Almon, seconded by Alderman Woods, to adopt Ordinance No. 77-2148, an ordinance ratifying, approving, and adopting plans and specifications ofthe City Engineer of Plain91ew,,Te~as, for the improvement of the units described in Ordinance No. 77-2105 and in Ordinance No. 77;2127 of the City~:of Plainview designated for street improvement, directing the filing of s~me, and ratifying, approving and adopting report of the City Engineer publicly advertising for sealed competitive bids. Motion carried unanimously. It was moved by Alderman Almon, seconded by Alderman Carpenter, to adopt Ordinance No. 77-2149, an ordinance closing the alley between Lot 5, Block 2, and Lot 6, Block 2, of the revised Edgemere Heights Addition as shown by plat thereof of record in Volume 435, Page 347, Deed Records, Hale County, Texas. Mot$on carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman SoRelle, to adopt Appropriation Ordinance No. 77-2157 from Revenue Sharing Fund Account 427-607 in the amount of $215.00 payable to Computer Roomers, Inc. for high speed teletype terminal November 22, 1977 CITY COUNCIL MINUTES gage 5 It was moved by Alderman Almon, seconded by Alderman Woods, to adopt Appropriation Ordinance No. 77-2158 from Revenue Sharing Fund Account 427-607 in the amount of $72,630.00 payable to General Fund Account 607-804 for installment payment on police cars, car insurance and equipment. Motion carried Unanimously. It was moved by Alderman SoRelle, seconded by Alderman Woods, to adopt Appropriation Ordinance No. 77-2159 from Revenue Sharing Fund Account 427 in the amount of $138.00 payable to Texas Testing Laboratories, for testing concrete ~ylinders and concrete materials storage binns. Motion carried unanimously. It was moved by Alderman SoRelle, Seconded by Alderman Carpenter, to adopt Appropriation Ordinance No. UR 227-77 from Water and Sewer Fund Account 419-750 in the amount of $9,000 payable to Angel Pena for purchase of Lot 21, Block 1, Slatan property at 916 Austin Street. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman Almon, to adopt Appropriation Ordinance No. GO 401-77 from Park Bond Fund Account 403 ~n the amount of $9,281.48 payable to Jerry Wofford for Plainview Rotary Community Center.~ Motion carried unanimously. It was moved by Alderman Atmon, seconded by Alderman Carpenter, to adopt Appropriation Ordinance No. 77-2156 payable to Southwest Specialties for labor and materials for repair of ceiling in Conference Room, Mayor's Office and City Manager's Office in the amount of $745.00. Motion carried unanimously. It was moved by Alderman Browning, seconded by Alderman Woods, to authorize the City Manager to conduct a study on possible alternatives for bringing into compliance the Water Reclamation Facility. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Browning, to approve the recommendation of Robert H. Ratcliff, Area Traffic Engineer-in-Training, to leave the medians and islands unchanged located at Qunicy Street and llth Street. Motion November 22, 1977 CITY COUNCIL MINUTES Page 6 carri ed~ unanimously. A discussion was held between the City Council and Gene Gaines, Attorney for the Elks Club. Al. derman~:Almon requested the reading of the letter from W. Z. Fairbanks, Jr. to Texas Alcoholic Beverage Commission, dated November 22, 1977. The letter is as follows: RE-: Hi. Plains Elks Lodge - No. 1676 Dear Sirs: This office would oppose anything that would allow the Hi Plains Elks Lo~ge No. 1676 to continue operating at 811 Broadway, Plainview, Hale County, Texas. This office has received numerous complaints concerning the management and operations and behavior of its members. While we have had problems~obtaining witnesses, we have verification that the club has sold alcoEolic beverages to non-members and has allowed persons to remove alcoholic beverages from the premises, In addition, we have received numerous compliants about finding vomit, blood and other items on the sidewalk by said club, which to us indicates that, contrary to regulations, this club continues to sell alcoholic beverages to persons who have reached an intoxicated state. Further, we would point out that there have been numerous reports of disturbing the peace, of fights, which generally make this a very undesirable location for this club. We would further point out that this club is across the street from a theater where our children attend and where, on occasion, there have been remaYks and actions that would cause us to be concerned for their safety and welfare. For all of the above reasons we respectfully request that a Private Club Exemption Certificate Permit under the Veterans and Fraternal Laws be denied and if at all possible their Private Permit be terminated at this location. Respectfully submitted, /s/ W. Z~ Fairbanks, Jr. County Attorney Hale County, Texas It was moved by Alderman Woods, seconded by Alderman SoRelle, to accept the statement from Hale County Precinct 1, a statement in the amount of $840.00 for the. blading of unpaved streets in the City of Plainview. Motion carried unanimously. It was moved by Alderman SoRelle, Seconded by Alderman Carpenter, to accept the request of Joe Sharp, City Attorney, to retire as of January l, 1978. Motion carried November 22, 1977 Page 7 CITY COUNCIL MINUTES It was moved by Alderman Almon, seconded by Alderman SoRelle, to accept the recommendation of the City Manager to amend the Personnel Policy, Section 19, '"Holidays' to replace Veterans Day, the fourth day in October, with Armistice Day, November 11 to conform with Official Holidays as established by U.S. Congress and as recognized by the State and Federal Offices. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Woods, to approve the request of J. B. Wheeler, President of the Hale County State Bank, and Jack Oswald, Owner of Antique World, for removal and replacement of curb, gutter and sidewalk in the 100 Block of West 6th and the 500 Block of North Austin. Motion carried unanimously. A discussion was held on the rezoning of land use classifications~in the Cityof Plainview so as to ultimately eliminate the land use classifications in the previous revised ordinance. Mrs. Felix Crawford, Co-President of the Edgemere PTA, is to be referred to the School Board concerning a School Guard at the crossing of 20th and Yonkers Street. The Unger Memorial Library entrance on 9th Street was discussed. It was moved by Alderman SORell~e, seconded by Alderman Browning, to authorize the Mayor to sign maintenance agreement for structural measures in lower Running Water Draw Watershed, subject to City Attorney's approval. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Browning, to adjourn. Meeting adjourned at 10:55 p.m. ATTEST: