HomeMy WebLinkAbout94 0913 min MINUTES
CITY COUNCIL MEETING
City of Plainview
SEPTEMBER 13, 1994
The Plainview City Council held a regularly scheduled meeting at 7:30 p.m.,
Tuesday, September 13, 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 Lloyd C.
Woods presided. Councilmembers present were: Mary Virginia Kirchhoff -
Precinct 2, Rey Rosas - Precinct 3, Mike Hutcherson - Precinct 4, Barbara Dorman
- Precinct 5, Dwain Dodson - Precinct 6 and Irene Favila - Precinct 7. Absent was
Alton Jackson Sr. - Precinct 1.
Staff members present were: James P. Jeffers - City Manager, Roy L. Osborne -
Director of Public Safety, Muff London - Director for Community Development,
Wally Hatch City Attorney, John Berry - Assistant Director of Public Works,
Norman Huggins - Director of Finance, Barbara Sullivan - Municipal Court Judge,
Roland Asebedo - Fire Marshall, and Karen McBeth - City Secretary.
News media present: Cathy Frye - Lubbock Avalanche-Journal, Richard Orr-
Plainview Daily Herald, and Randy Ballinger- KKYN.
OPEN MEETING
1. Invocation - Mayor Lloyd Woods.
2. Recognitions/Oath of Office - There were none.
3. Consent Calendar - A motion was made by Councilmember Irene Favila to
approve the Consent Calendar and seconded by Barbara Dorman. The motion
carried unanimously among the six councilmembers present.
a)
b)
c)
Minutes were approved.
Departmental Reports were approved.
Expenditures were approved.
d) Board, Committee and Commission Appointments: Consider
Appointments to the Electrical Board and Energas Rate Task Force. Mayor
Lloyd Woods was appointed to the Energas Task Force.
e) Open Records Charges - Resolution R94-114. A Resolution of the
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City of Plainview, Texas, establishing reasonable charges for the
reproduction of public records requeSted under the Texas Open Records Act.
The resolution was approved.
f) Street Bids - SW 4th - Consider authorizing city staff to advertise for
bids for paving a portion of SW 4th Street, between Columbia and Broadway.
The staff was authorized to advertise for bids.
g) TML Intergovernmental Risk Pool - BOard of TrUstees- ElectiOn -
The CounCil cast its vote for Greg Ingham for Place 11, Mike McGregor for
Place 12, Dwain Dodson was nominated for a place on the Board of
Trustees for Texas Intergovernmental Risk Pool.
h) Plat - Yarbrough Addition. Resolution No. R94-115. A ResOlution of
the City of Plainview, Texas, approving the final plat of Yarbrough Addition,
Unit No. 1, Plainview, Hale County, Texas. The resolution was approved.
i) Plat - Ferrellwood Subdivision, Unit No. 3. Resolution No. R94-116.
A Resolution of the City of Plainview, Texas, approving the final plat of
Ferrellwood Subdivision, Unit No. 3, out of Block 2, EaSt College Heights
Addition, Plainview, Hale County, Texas. The resolution was approved.
j) Sanitation Rates. Ordinance No. 94-3014. An Ordinance of the City
of Plainview, Texas, amending Section 24-50, Sanitary Landfill Charges and
Rules of the Plainview Code of Ordinances; Cumulativeness clause;
Severability clause; Conflicts clause; Effective date. Ordinance was
approved.
k) Cable TV - Rates - Consider authorizing the City Attorney to invoke
the additional 90-day review period for the Form 1200 and 1205, regarding
regulation of basic cable rates. The City Manager was so authorized.
REGULAR AGENDA ITEMS
4. Budget- Public Hearing on the proposed 1994-95 Budget. City Manager
Jim Jeffers commended the City Council for the time they spent developing, the
1994-95 Budget and the seriousness with which they addressed the budget
process, The budget is the single most important document the council will
approve, Mr, Jeffers also thanked Finance Director Norman Huggins for the hours
and work he spent on preparing the first draft of the .budget which is the framework
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for the council to work with. Mr. Jeffers reviewed the three major funds which
comprise the financial makeup of the city.
The General Fund has a proposed budget for the next fiscal year of $5,935,461.
This is a decrease of $321,481 over the present budget. The Utility Fund has a
proposed budget of $2,510,067; a decrease of $267,417. The Sanitation Fund has
a proposed budget of $1,863,563; an increase of $$49,409. The over all decrease
from last fiscal budget is $539,489.
Projected revenues for the next fiscal year include: General Fund - $6,607.759;
Utility Fund - $2,881,700; and Sanitation Fund - $1,820,800. The projected
revenues are $410,533 higher than the last fiscal year revenues.
Other things affecting this budget is a decrease in four positions; a projected merit
raise of no more than 3% for employees below the status of department heads;
and no raises for administrators or departments heads. There has been a
significant decrease in projected travel expenses.
The continuing expense for the wastewater treatment plant and landfill incurred by
unfunded mandates cannot be projected. The Council has discussed perhaps a
bond issue sometime in the future to fund such major projects, but will wait until
a later date to determine this. The budget work sessions are continuing and the
final budget will be adopted on September 27, 1994, and a tax rate will be set at
that time. There is a proposal to reduce the tax rate by as little as three quarters
of one cent up to five cents.
5. Streets - Paving Grant. Resolution R94-118. A Resolution of the City of
Plainview, Texas, authorizing the submission of a Texas Community Development
Program application to the Texas Department of Housing and Community Affairs
for the Community Development Fund; and authorizing the Mayor to act as the
City's Chief Executive Officer and authorized representative in all matters
pertaining to the City's application in the Community Development Program', Mr.
Jeffers explained the criteria for applying for these funds which will be used for
paving, curb and gutter in certain areas of Plainview. The grant being applied for
is in the amount of $250,000. The City of Plainview will provide $50,000 in funding
and the total amount for paving this area will be $300,000. Barbara Dorman made
the motion to authorize the Mayor to be the representative of the City and apply
for these funds under the Community Development Program; Dwain Dodson
Seconded the motion; the motion carried unanimously.
6. Plat - Brock Addition, Unit No. 12. Resolution No. R94-117. A Resolution
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of the City of Plainview, Texas, approving the preliminary plat of Brock Addition,
Unit No. 12, Plainview, Hale County, Texas. John Berry displayed a map of the
area platted for approval, which will be for commercial use. Mr. Berry explained
some areas of the plat along 14th St. will not meet zoning regulations. Drainage
of the platted area and fire protection are considerations. There are no fire plugs
within 500 feet of a large area of the plat. The owners have requested not to be
required to pave the alley and Planning and Zoning Commission have approved
of this request. Planning and Zoning did request the alley to be 25 ft Wide and for
the owners to provide drainage to 1-27. They also recommended that money be put
in escrow for the future paving of 13th and 14th St. and/or drainage easement.
Mark Laney spoke for the First Assembly Church of God, the entity requesting
approval of the preliminary plat. He stated that this area was originally zoned
residential but is now commercial, hence the need for a wider alleyway. He asked
the Council to please allow the 20 foot alley exception. Mr. Laney said he believed
the concern in the alley is that utility poles will have to be moved if a 25 foot alley
is required. He said he understood the concern for fire protection for the proposed
church building, but the area which is out of the fire protection radius is to be a
parking lot, not a building. Since 14th St. is not dedicated, and the church does
not plan to plat Lot 2, that area will remain landscaped as long as it is owned by
the church. He expressed hope that grant money might pay for the paving.
City Manager Jim Jeffers explained that there is no cost to move the utility poles
and the owners are only asking for a five foot variance of the alleyway. He said
one of the problems with the paving is that the owners of the other half of the
street will not pay for paving their half and the city does not have a policy of paving
only one half of a street. The property owners pay for paving their portion of the
street, either voluntarily or by assessment. He stated that a precedent on this
particular issue has been set. Another church has built several blocks from the
plat being considered for approval tonight, and that church paid for all of the paving
around their church.
Mark Laney restated that since the plat that is being submitted tonight was
originally drafted, the church has decided to drop Lot 2 from the plat and it will not
appear in the Final Plat which will be submitted for approval later. The church has
no plans to improve that lot. He stated that if and when Lot 2 is sold, and
improved by the new owner at some future date, fire protection could be
considered at that time as well as paving.
Barbara Dorman made the motion to approve Resolution R94-117, the Preliminary .--~
Plat of Brock Addition, Unit No. 12, Plainview, Hale County, Texas, with the
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understanding that the city would waive the alley paving requirement; the alley is
to be increased to 25 feet; this would give Mr. Laney time to negotiate with the
other party to agree to pay for half the street paving; and should the church
develop Lot 2 they be required to pay for one of the required fire protection. Rey
Rosas seconded the motion and the motion carried unanimously.
7. Zone Case 622 - Ordinance No. 94-3016. An Ordinance amending the
zoning map of the city of Plainview, Hale County, Texas, to rezone property known
as, approximately 2 acres out of the 63.649 acres West of 1-27 on the East part of
the West half of Section 27 JK-2, abstract 25 and Section 27, JK-2 abstract 1437,
from C-2 to C-3; Cumulativeness clause; Conflicts clause; Severability clause;
Effective date. Director for Community Development displayed a map depicting the
area to be rezoned. She said that all property along 1-27 is zoned Commercial, but
the area immediately behind that is zoned residential-multi-family. A mini storage
facility is planned for development on this site. She said Planning and Zoning
Commission recommended the rezoning request on a 4 to 2 vote, with the
stipulations outlined in the Specific Use Permit needed, that the property meet
current parking regulations; the West side of the property be screened by trees and
native grass; any rental trucks not be left longer than 24 hours; all lighting be
directed away from residential areas; and there be limited access to the area. Mrs.
London said city staff recommended not requiring current parking regulations nor
regulating access. She said the area will be security controlled, thus eliminating
the need for limited access. She reported there were no letters received against
the rezoning nor had she received any personal comment opposition. She
distributed pictures of similar mini storage buildings already constructed by the
builders planning to build at this site and she recommended approval of the zone
change.
A. Public Hearing - No one spoke for or against the ordinance.
B. Action - Barbara Dorman moved Ordinance No. 94-3016 be approved;
Mike Hutcherson seconded the motion; the motion carried unanimously.
8. Specific Use Permit - Mini Storage - Zone Case No. 622 - Ordinance No.
94-3017. An Ordinance of the City of Plainview, Hale County, Texas, authorizing
the issuance of a specific use permit to allow mini-storage units in a C-3,
Commercial 3, Zoning District; Cumulativenes clause; Conflicts clause; Severability
clause; Effective date. Ms. London explained that a Specific Use Permit was
needed to allow the developers to build the mini storage units and she
recommended the permit be granted with these stipulations: The mini storage units
be screened from residential areas on the West by trees and native grass and on
the East along 1-27; and all lighting be directed away from residential areas.
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A. Public Hearing - John Jenkins, Amarillo, Texas, spOke in favor of the
Specific Use Permit, stating he would be building the mini storage andhe wished
to reassure the Council it would be an asset to the neighborhoOd and to the City.
Mayor Woods asked that the landscaping be done exactly as stipulated.
B. Action - Barbara Dorman moved that Ordinance No. 94-3017 be
approved with the stipulations that the area be landscaped on the West and the
East with trees and native grass; Mike Hutcherson seconded the motion. The
motion carried unanimously.
9. Building Fee Collection and Permit PrOcess Changes - Ordinance No.
94-3015. First Reading. An Ordinance of the City of Plainview, Texas, amending
the City of Plainview Electrical Code, Ordinance No. 84-2550, Section 5.2, 5.3 and
5.4 and the City of Plainview Plumbing Code, Ordinance No. 85-2587, Section 9.2;
Changing the process of application of permits for electrical, plumbing and general
construction; Cumulativeness clause; Conflicts clause; Severability clause; Effective
date. Muff London reviewed the ordinance, explaining this would allow the building
and permit departments of the city to be more user friendly as well as simplifying
the application process and billing procedures for city staff.
10. Building Code Amendment - Windows - Ordinance No. 94-3013. First
Reading. An Ordinance of the City of Plainview, Texas, amending Section 6-17,
of the Plainview Code of Ordinances, to provide for an amendment to Chapter 12
of the Uniform Building Code; Severability clause; Cumulativeness clause; Conflict
clause; Effective date. Director for Community Development Muff London
explained this ordinance wOuld simplify some problems for builder/developers who
systematically put smaller windows than currently required by ordinance in some
rooms which were used as bedrooms but were marketed as studies and/or dens.
She said the Fire Marshall approved the proposed ordinance and staff believed it
would be a more open and straightforward approach to a small problem.
11. Bids - ADA - Award of Bids. City Attorney Wally Hatch reported that the
city has a policy of not requiring payment on performance bonds on bids of less
than $25,000. Therefore the bids received for retrofitting certain bathrooms in City
Hall and other city buildings to ADA specifications would carry no bond requirement
and as City Attorney he did not feel comfortable with this omission on ADA
improvements. Dwain Dodson made a motion that all bids received be rejected; the
repairs be rebid with the requirement of payment and performance bond for each
project. Irene Favila seconded the motion. The motion carried unanimously.
12. Executive Session - Discussion of pending or contemplated litigation. This
meeting is authorized by [TEX. REV. CIV. STAT. and Art 6252-17, Sec. 2(g),
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(Vernon Supp. 1994).] Fowler and vandygriff v. City of Plainview and Fire Fighters
Civil Service Commission of Plainview. Dwain Dodson made a motion the Council
go into Executive Session; Rey Rosas seconded the motion; the motion carried.
13. Civil Service - Consider possible action within the parameters discussed in
Executive Session concerning Fowler and Vandygriff v. City of Plainview and Fire
Fighters Civil Service Commission of Plainview. The City Council reconvened in
Open Session at 9:36 p.m. Councilmember Dorman moved that the City Attorney
be authorized to proceed in all haste to defend the City in the Civil Service ligitation
recently filed; the motion was duly seconded by Councilmember Hutcherson. The
motion carried by the following vote: Mary Virginia Kirchhoff, Mike Hutcherson,
Barbara Dorman, Dwain Dodson and Irene Favila voted in favor of the motion; Rey
Rosas voted against the motion. Councilmember Alton Jackson Sr. was absent.
14.
Adjournment. Mayor Woods adjourned the meeting at 9:40 p.m.
Lloyd C. Woods, Mayor
ATTEST:
K~ren McBeth, City Secretary
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