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Home My WebLink About78 0124 minPLAINVIEW CITY COUNCIL REGULAR MEETING January 24, 1978 CITY COUNCIL MINUTES City Council Chambers 7:30 P. M. The City Council of the City of Plainview met in regular session at 7:30 P. M. in the Ci.~y Council Chambers of the City Hall with Mayor J. Robert Wayland presiding and the following Councilmen present; Jeane Browning, Place One; Medlin Carp?ter, 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, Tom Hamilton-City Attorney, Harold Gladman-Director of Planning, Bill Hogg'Director of Public Works, M. L. Rea-City Clerk, Johnnie Ballew-Director of S~'fety and Environment, Norman Huggins-Director of Finance, Alan Stewart-Director of Police Services, Woo. dy Sevison- Director of Fire Services, Randy Holly-Director of Section 8 Housing, Buddy Dodson-Tax Assessor-Collector, Bob Richards~Building Inspector, and Debbie Hall-Administrative Secretary. Also present were the following visitors: Gary Ott-Plainview Daily Herald, Chuck Martin-KVOP Radio, Charles Bechtold, Jerry Gutheinz, Monte Hall, B. B. Howle, Ken Douglas, G. E. Douglas, and: RichardCross. Invocation was given by Lloyd Woods. Richard Cross was present to receive'his Certificate of Appointment to the Planning Board and Zoning Commission. Alan Stewart-Director of Police Services appeared to discuss vandalism at the City Parks. It was moved by Alderman Almon, seconded by Alderman Carpenter, to remove the automatic requirement to plat.land for Zone Cases #357-B.B. Howle & L.S. POwell; #361- Jerry Wofford & Lon Cartwright; #364-Hershall Carthel; and #365-Charles Humphrey. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Browning, to approve Zone Case No. 367, the request of Jerome M. Gutheinz t'o rezone a tract out of the NW part of Lot A, Block 87, College Hill Addition to Plainview, Hale County, Texas, from an R-1 Zone to an OD Zone for Commercial Use, said property located 500 Block of Dallas Street. January 24, 1978 CITY COUNCIL MINUTES Page 2 Motion carried unanimously. The Planning Board and Zoning Commission approved the Zone Case for the following reasons: (1) Change would not be deterrent to the improvement or development of adjacent area. (2) Change would not create or excessively increase traffic congestion. (3) The basic land use conditions have not been changed. (4) Change would not alter the population density pattern and thereby increase the load on public facilities.. It was moved by Alderman Woods, seconded by Alderman Almon, to adopt Ordinance No. 78-2186, an ordinance amending the zoning map of the City of Plainview for Zone Case No. 367. Motion carried unaimously. It was moved by Alderman Browning, seconded by Alderman Carpenter, to approve Zone Case No. 368, the request of C. R. Moore for rezoning a tract of land out the the SE Corner of Block 83, College Hill Addition to Plainview, Hale County, Texas, from an R-1 Zone to a TF Zone for construction of duplex, said property located 801 Amarillo Street. Motion carried unanimously.. The Planning Board and Zoning Commission approved the Zone Case for the following reasons: (1) Change would not adversely influence living conditions inthe neighborhood. (2) Change will not adversely affect property values in adjacent area. (3) Change is not out of scale with the needs of the neighborhood or the City. (4) Change would not alter the population density pattern and thereby increase the load on public facilities. It was moved by Alderman SoRelle, seconded by Alderman Almon, to adopt Ordinance No. 78-2187, an ordinance amending the zoning map of the City of Plainview for Zone Case No. 368. Motion carried unanimously. It was moved by Al~derman SoRelle, seconded by Alderman Browning to approve Z~ne Case No. 369, the request of G. E. Douglas for the rezoning Lots 10' and 11, Block 2, Sunset Heights Addition to the City of Plainview, Hale County, Texas, located 1301 Quincy, from an R-1 Zone to ~ CNS Zone for Commercial Use. Motion carried unanimously. The Planning Board and Zoning Commission approved Zone Case fo,,r the following reasons: January 24, 1978 CITY COUNCIL MINUTES Page 3 (1) Property is in midst of commercial area at the present time and request conforms to established land use patterns in the neighborhood, and (2) Living conditions and the character of the neighborhood would not be adversely affected by change in zone requested. It was moved by Alderman Woods, seconded by Alderman Browning, to adopt Ordinance No. 78-2188, an ordinance amending the zoning map of the City of Plainview for Zone Case No. 369. Motion carried unanimously. It was_moved by Alderman Browning, seconded by Alderman Carpenter, to table Zone Case No. 370 until further information can be obtained. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman Almon, to approve the minutes of the regular City Council meeting held January 10, 1978. Motion carried unanimously. Received for filing, copies of the following minutes: (1) Planning Board & Zoning Commission December 15, 1977 (2) Parks, Recreation and Open Space Committee January 9, 1978 (3) Amendment to Library Board MinUtes January 9, 1978 It was moved by Alderman Browning, seconded by Alderman Woods, to authorize the City Attorney to prepare a Flood. Damage Provision Ordinance. Motion carried unanimously. It was moved by Alderman SoRelle, seconded by Alderman Carpenter, to introduce Ordinance No..7~-.2190, an ordinance calling and setting the regular Municipal Election for the City of Plainview to be held on the first Saturday in April of 1978, the same being the first day of month, for the election of (1) Mayor for the City of Plainview; (2) For the election of one Alderman for Place Two on the City Council Of the City of Plainview; (3) for the election of one Alderman for Place Four on the City Council of the City of Plainview; designating the place where said election is to be held; and appointing presiding officials thereof. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Browning, to adopt Ordinance No. 78-2183, an ordinance fixing the maximum rate of speed of motor vehicles, allowing for speed zones; providing for penalty; and declaring an emergency. Motion carried unanimously. January 24, 1978 CITY COUNCIL MINUTES Page 4 It was moved by Alderman ~'oods, seconded by Alderman SoRelle, to adopt Appropriation Ordinance No. 78-2193 from 1-966 Sewer Revenue Bond Fund Account 426-810 in the amount of $23,850.00 payable to H. W. Taylor Construction, Inc. for Construction Estimate No. 9, 1977 Water & Sewer Extension Project, contract dated March 23, 1977. Motion carried unanimously. It was moved by Alderman Browning, seconded by Alderman SoRelle, to adopt Appropriation Ordinance No. CD2-050 from Community Development Fund Account 429-820 in the amount of $90.00 payable to Wilferd E. Price Estate for compensation for utility easement. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman Browning, to adopt Appropriation Ordinance No. CD2-051 from Community Development Fund Account 429-820 in the amount of $188.00 payable to Jack Robertson for compensation for utility easement. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Almon, to adopt Appropria- tion Ordinance No. CD2-052 from Community Development Fund Account 429-820 in the amount of $4,561.25 payable to G. E. Allen for compensation for utility easement. Motion carried unanimously, It was moved by Alderman Almon, seconded by Alderman SoRelle, to adopt Appropriation Ordinance No. CD2-053 from Community Development Fund Account 429-820 in the amount of $150.00 payable to Joe Don Mote for compensation for utility easement. Motion carried unanimously.. It was moved by Alderman SoRelle, seconded by Alderman Browning, to adopt Appropria- tion Ordinance No. CD2-054 from Community Development Fund Account 429-820 in the amount of $128.00 payable to Robert Arrendondo for compensation for-utility easement. Motion car~ried unanimously. It was moved by Alderman Almon, seconded by Alderman SoRelle, to adopt Appropriation January 24, 1978 Page 5 CITY COUNCIL MINUTES Ordinance No. CD2-055 from Community Development Fund Account 429-820 in the amount of $182.00 payable to Annie B. Meals for compensation for utility easement. Motion carried unanimously. It was moved by Alderman Brown'ing,~seconded by Alderman-Almon, to remove the improvement of that portion of E1 Camino Drive lying North of Lot 10, Merryman Addition, from the 1977 Assessment Paving Project and to instruct the City Engineer to remove the assessments for properties abutting that portion of E1 Camino Drive from the Engineer's Roll and the City Attorney to include that elimination in Ordinance No. 78-2192. Motion carried unanimously. It was moved by Alderman Browning, seconded by Alderman Almon, to adopt Ordinance No. 78~2192, an ordinance closing 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 a~d enhances in value in excess of the amount of the portion of the costs of said improvemeni~s assessed against said abutting property and the real and true owners thereof, levying an assessment for the payment of a portion of the costs of improving said streets 'ithin the limits defined fixing a charge and lien against said abutting properties, a d 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 for the manner and method collection of said assessments and certificates; determining the amount of costs to be paid by railways using, occupying or crossing any portion of a specific unit to be improved, and assessing the entire cost of such improvement in the area between said railways or-railroad companies rails and track~, double tracks, January 24, 1978 CITY COUNCIL MINUTES Page 6 turnouts and switches, and two feet on each side thereof to the railways owning said property or in lieu thereof giving the railway companies %he option of making said improvements themselves; finding and determining the portions of streets described in the ordinances previously adopted; 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 improved in regard to which the assessments are not made for improvements; declaring an emergency; providing that this ordinance shall become effective immediately upon its passage; and providing a severability clause. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman Browning, to authorize the City Charter Study Committee to make study and recommendations to the City Council. Motion carried unanimously. It was moved by Alderman Almon, seconded by Alderman Browning, to accept the 1978 Loading Zone List as discussed by Johnnie Ballew, Director of Safety and Environment. Motion carried unanimously. It was moved by Alderman Woods, seconded by Alderman SoRelle, to authorize the Mayor to sign a contract executing the present option for the new Fire Substation as approved by the Texas State Fire Insurance Commission. Motion carried unanimously. Reminder of the City of Plainvi~w Eleventh Annual Awards Banquet to be held at the Wayland Dining Hall on January 27, 1978 at 8:00 P. M. It was moved by Alderman SoRelle, seconded by Alderman Carpenter, to approve the Mosquito Aerial Spray Contract for 1978. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Woods, to authorize the Mayor to sign weed mowing assessments. Motion carried unanimously. Received for filing, copy of the Hotel and Motel Occupancy Tax for period ending January 24, 1978 CITY COUNCIL MINUTES Page 7 September 30, 1977. It was moved by Alderman Carpenter, seconded by Alderman Browning, to reinstate the City of' Plainview City Charter Study Committee to include the following persons: Morris Smith, Lee Moberly, Steve Hurt, Lamont Veatch, Austin Ragland, Jack Skaggs, Joe Don Hancock, with J. Robert Wayland, MarShall Pharr and Tom Hamilton being Ex Officio Members to this committee. Motion carried unanimously. There being no further business, the meeting was adjourned at 10:45 p.m. ATTEST: M~ ~~.~~// ~ · [. REA/City'Clerk