HomeMy WebLinkAbout94 0208 min MINUTES
CITY COUNCIL MEETING
City of Plainview
February 8, 1994
The Plainview City Council met in a regular session at 7:30 p.m., Tuesday, February 8,
1994, in the Council Chambers of the Plainview City Hall at 901 Broadway. The Council
met in Pre-Session at 7:00 p.m. Mayor E. V. Ridlehuber presided. Councilmembers
present were: Alton Jackson, Sr. - Precinct 1, Mary Virginia Kirchhoff - Precinct 2, Don
Dickson - Precinct 3, Mike Hutcherson - Precinct 4, Barbara Dorman - Precinct 5, Dwain
Dodson - Precinct 6, and Irene Favila - Precinct 7.
Staff members present: James P. Jeffers - City Manager, Larry Gould - Chief Building
Official, Terry Powers - Director of Human Resources, Norman Huggins - Director of
Finance, Wally Hatch - City Attorney, John Berry - Assistant Director of Public Works, Roy
L. Osborne - Director of Public Safety, and Karen McBeth - City Secretary.
Media present: Richard Orr - Plainview Daily Herald, Chris Vaughn - Lubbock Avalanche
JOurnal, Randy Ballinger - KVOP, and representatives of KCBD and KLBK of Lubbock.
OPEN MEETING
1. Invocation - Alton Jackson
2. Recognitions/Oath of Office - Director of Public Safety Roy Osborne introduced
Sgt. Willie McGee of the Plainview Police Department. Sgt. McGee was commended for
his contributions to the city and his years of employment with the City of Plainview.
Bonnie Ray was sworn to the Building Code/Fire Code Board of Appeals for a two year
term ending January 1, 1996.
3. Youth Curfew - Ordinance No. 94-2984 - An Ordinance of the City of Plainview,
Texas, creating Article III, Chapter 17, Curfews - Minors, of the Plainview Code of
Ordinances; Defining terms; Creating offenses for minors; Parents and guardians of
minors and business establishments violating curfew regulations; Providing defenses;
Providing for enforcement by police department; Providing for waiver by the municipal
court of jurisdiction over a minor when required under the Texas Family Code; Providing
for a penalty not to exceed $500; Cumulativeness clause; Severability clause; Conflicts
clause; Effective date; And providing for publication. City Attorney Wally Hatch reviewed
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the Proposed ordinance and its constitutionality. Dwain Dodson moved to open the
meeting to public hearing; Irene Favila seconded the motion; the motion carried
unanimously among the seven councilmembers present. Citizens David Allenson, Rey
Rosas, Darleen Almanza, Benny Cantwell, Amelia Hernandez, Eunell Horne, Rafael
Lopez, Roy Tullis, Sheila Barbee, and Diana Mora all spoke in favor of the ordinance.
No one spoke against it. Barbara Dorman moved the public hearing close; Irene Favila
seconded the motion; the motion carried unanimously. Dwain Dodson made the motion
that Ordinance No. 94-2984 be :approved as presented; Mary Virginia Kirchhoff seconded
the motion; the motion carried unanimously.
Mayor Ridlehuber declared a 10 minutes recess; the meeting reconvened at 8:35 p.m.
4. Canadian River Municipal Water Authority -Development of Underground
Water Supply. City Manager Jim Jeffers reviewed the proposed resolution regarding the
proposed purchase of underground water rights by the Canadian River Municipal Water
Authority. Mayor Ridlehuber asked for a motion to call for the second public hearing
regarding this resolution; Barbara Dorman made the motion; Don Dickson seconded the
motion; the motion carried unanimously. Norman Wright, 1209 Vernon, spoke in favor
of the resolution. He stated the water proposed to be purchased was not under
agricultural land and was not a water supply for any other community. He stated this
water will be blended with Lake Meredith water and make Plainview drinking water much
more palatable. He stated this would be good for the future of Plainview and all of west
Texas. No one spoke against the proposed resolution. Barbara Dorman moved the
Public hearing close; Irene seconded the motion; the motion carried among the seven
councilmembers present. Barbara Dorman made the motion to adopt Resolution No.
R94-100; Don Dickson seconded the motion; the motion carried unanimously. Resolution
No. R94-100. A Resolution of the City Council of the City of Plainview, Texas consenting
to the proposed purchase of underground water rights by the Canadian River Municipal
Water Authority (CRMWA) and expressing the Council's intent to contract with CRMWA
for the repayment of costs involved in said purchase was so approved.
5. Water Storage Tank - Bid - Consider award of bid on a 200,000 gallon elevated
water storage tank. Mr. Holly Holder, with Parkhill, Smith & Cooper, reviewed the needs
of the TDCJ facility and the bidS which were submitted. Bids were received from:
Phoenix Fabricators and Erectors, inc. in the amount of $239,325.00, Brown Steel
Contractors in the amount of $253,400.00; Caldwell Tanks, Inc. in the amount of
$266,300.00; and Pittsburg Tank and Tower Co. for $304,666.00. Mr. Holder stated that
Phoenix FabricatOrs and Erectors, Inc. were the Iow bid and he recommended it. Barbara
Dorman made the motion to accept the bid of Phoenix Fabricators and Erectors, Inc. in
the amount of $239,325.00; Mike-Hutcherson seconded the motion; the motion carried
unanimously.
6. Property - 304 West 6th Street. City Manager Jim Jeffers gave an overview of
the acquisition of the building and its possible future use. He stated that the building was
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purchased by the city in May of 1992, with the long range view that at sometime it might
be used for city offices. A portion of the property is presently rented by Bank of America
and they have requested a five year lease. He stated no plans have been made for the
city to move into the building and no figures have been compiled to project the cost of
such a move. He stated the building returns to the city $38,000 in income per year.
Dwain Dodson stated the building was purchased as a new city hall. He stated the
building would require a lot of repairs and to renovate it would require raising taxes.
Dodson stated he wants it to be declared surplus property and sold. Don Dickson made
a motion to call for public hearing; Barbara Dorman seconded the motion; the motion
carried unanimously. Steve Hurt, Lloyd Woods, Benny Cantwell, Bobby James, Roy
Tullis, Norman Wright, and Rafael Iopez all spoke in favor of selling the building. David
Mariscal spoke in favor of keeping the building. Barbara Dorman made a motion to close
the public hearing; Irene Favila seconded the motion; the motion passed unanimously.
Dwain Dodson made a motion the property be declared surplus property, and renew the
lease with Bank of America until the property could be sold; Alton Jackson seconded the
motion. After lengthy discussion, Dwain Dodson, Alton Jackson and Irene Favila voted
in favor of the motion; Mary Virginia Kirchhoff, Mike Hutcherson, Don Dickson and
Barbara Dorman voted against the motion. Barbara Dorman made the motion to extend
the lease with Bank of America for five years and not declare the building surplus
property; Don Dickson seconded the motion; Mary Virginia Kirchhoff, Don Dickson, Mike
Hutcherson and Barbara Dorman voted for the motion; Irene Favila and Dwain Dodson
voted against the motion; Alton Jackson abstained from voting; the motion carried. Dwain
Dodson made a motion to make the sale of this building a referendum item on the ballot
for May 7, 1994 election; Irene Favila seconded the motion. Don Dickson moved this
item be tabled pending further study by the city attorney; Barbara Dorman seconded the
motion; the motion carried with Mary Virginia Kirchhoff, Don Dickson, Mike Hutcherson
and Barbara Dorman voting for the motion and Alton Jackson, Dwain Dodson and Irene
Favila voting against; the motion to table was passed. Mayor RidlehUber called a ten
minute recess; he called the meeting back into session at 9:17 p.m.
7. Zone Case 616 - 404 West 11th - Appeal from Sidronia Hern andez regarding the
Planning and Zoning Commission's denial of Zone Case 616 - Request to rezone Lot 7,
Block 28, Highland Addition (404 W. 11th) from a C-3, General Commercial Zoning
District, to an MF-1, Multifamily 1 Zoning District. Larry Gould, Chief Building Official,
reviewed the case stating Sidronia Hernandez had been issued a building permit for a
storage building only with the stipulation that it could not be occupied as living quarters.
He stated Mrs. Hernandez had made the building into a residence and has someone
living in it and she had been cited for such. He reported that the Planning and Zoning
Commission had denied Mrs. Hernandez request to rezone this property so as to keep
the building as living quarters. He stated the building had no foundation and that it had
plumbing problems. Don Dickson moved to call a public hearing; Dwain Dodson seconded
the motion; the motion carried unanimously. Olivia Hernandez spoke in favor of Mrs.
Hernandez request. No one else spoke for or against the request. Barbara Dorman
moved the public hearing close; Irene Favila seconded the motion; the motion carried
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unanimously. Don Dickson stated that the rules apply to everyone and since Mrs.
Hemandez knew she could not use the building as living quarters and proceeded to do
so anyWay he .moved to uphold the Planning and Zoning Commission's recommendation
to deny the request; Dwain Dodson seconded the motion; the motion carried
unanimously.
8. Consent Calendar - Barbara Dorman moved that item ..ct be removed from the
consent calendar for further study and the remaining items be approved as submitted;
Irene Favila seconded the motion; the motion carried unanimously.
a) Minutes were approved.
b) Departmental reports were approved.
c) Expenditures were approved.
d) Boards, Commissions and Committee APpointments Consider
making appointments to the following Boards, Commissions and Committees:
Electrical Board, Minimum Housing Standards Board, Planning and Zoning
Commission, Board of Adjustment, Plainview/Hale County Board of Health,
and Plainview Industrial Development Authority, Inc. Melinda Gonzales and
Mignon Williams were appointed to the Minimum Housing Board; Don Dickson
was appointed to the Plainview/Hale County Board of Health; Ray PendergaSt,
Rollie Hyde, Tiffin Wortham, Ken Douglass, J. David Williams, and Gene Owen
were appointed to the Plainview Industrial Development Authority, Inc.
e) Plat Preliminary Plat of Yarbrough Addition, Unit No.
Resolution No. R94-101. A Resolution of the City of Plainview, Texas,
the preliminary plat of Yarbrough Addition, Unit No. 1, Plainview, Hale County,
Texas. Resolution No. R94-101 was approved.
f) Custom Benefit Plan - First Amendment - Consider authorizing the
Mayor to sign "Certification of Resolutions" as such pertains to the adoption of
amendments to the Custom Benefit Plan for employees of the City of Plainview for
the purposes of changing the plan year, incorporating an insurance flexible
spending account, and to make certain other desired changes. The Mayor was so
authorized.
g) Roofing - Ordinance No. 94-2985 - An Ordinance of the City of ~
Texas amending § 6-1(o), Building Permit Fees of Chapter 6, buildings, of the
Plainview Code of Ordinances to delete the fee for roofing licenses; amending §6-
l(r), Building permit fees of Chapter 6, buildings, of the Plainview Code of
Ordinances to restrict roofing and re-roofi ng; Creating §6-21, AdoPtion of Appendix
Chapter 32 of the 1988 Ed. of the Uniform Building Code of Ordinances to provide
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for the adoption of Chapter 32 of the Appendix of the Uniform Building Code as
revised herein; Severability clause; Cumulativeness clause; Conflicts clause; And
effective date. This item was removed from the consent calendar.
h) Seth Ward Water Supply Agreement - Amendment No. I - Consider
authorizing the Mayor to execute water supply agreement, Seth Ward - City b
Plainview, Amendment No. 1. The Mayor was so authorized.
i) Bids - Sanitation Department
1. 4 Cubic Yard Frontload Refuse Containers - Bids were received
from Fuqua Enterprises in the amount of $327.00 per container; Sanco
Metal Fab., Inc. in the amount of $368.00 per container; and S & S
Welding in the amount of $343.00 per container. The bid was awarded
to Fuqua Enterprises.
2. 3 Cubic Yard Sideload Refuse Containers - Bids were received
from Precision Flame Cutting for $235.00 per container (bid does not
meet specifications); Fuqua Enterprises for $247.00 per container; Sanco
Metal Fab., Inc. for $268.00 per container; and Southwestern Equipment .6;
for $239.47 per container. The bid was awarded to Southwestern
Equipment Co.
j) Ordinance No. 94-2986 - Election Order- An Ordinance calling and
setting the date for the regular municipal election; Setting the date for run-off
elections; Designating precincts and polling places; Designating the election of a
Councilmember from Precinct 1, Precinct 2, Precinct 3 and Precinct 4, and a
Mayor-At-Large; And a 15 member At-Large Charter Commission; Appointing
election officials; Setting hourly rate for election officials; and posting and notice
of election. The ordinance was approved.
k) Cable Rate Regulation - Resolution No. R94-102 - A Resolution of the
City of Plainview, Texas invoking the 90-day extended review period regarding
review of the basic cable rates filed by TCA-Plainview Cable TV, as authorized by
§25-5 of Ordinance No. 93-2978. The ordinance was approved.
I) SPS - Permanent Rates - Resolution No. R94-103 - A Resolution of the
City of Plainview, sitting as a regulatory authority pursuant to Vernon's Ann. Civ.
Stat., art 1446c, with regard to a rate change application filed by Southwestern
Public Service Company (Southwestern) with the City. The Ordinance was
approved.
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9.~ .. Adjournment - Barbara Dorman moved the
sec0:nded the motion; the motion carried unanimously.
10:07 p.m.
meeting adjourn; Irene Favila
The meeting was adjourned at
E. V. Ridlehuber, Mayor
ATTEST:
Karen McBeth, City Secretary
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