HomeMy WebLinkAbout99 0112 min MINUTES
CITY COUNCIL MEETING
City of Plainview
January 12, 1999
The Plainwew City Council held a meeting at 7:30 p.m., Tuesday, January 12, 1999 in the Cafeteria of
Hillcrest Elementary School, 315 S.W. Alpine Drive in Plainview, Texas. The Council met in Pre-Session
at 7:00 p.m. Mayor Lloyd C: Woods presided. Councilmembers present were: Sam Parker-Precinct 1, Mary
Jane Shanes-Precinct 2, Rey Rosas-Precinct 3, Mike Hutcherson-Precinct 4, Bobby McGehee-Precinct 6 and
Irene Favila-Precinct 7. Councilmember Ross Owen of Precinct 5 was not present, with an excused absence.
Staff members present were: Jim Jeffers-City Manager, William Mull-Police Chief, John Berry-Asst. Director
of Public Works, Gary Glass-Fire Chief, Cindy Gasaway-Mam Street Coordinator, Wally Hatch-City
Attorney, John Castro-Director of Community Services, Dale Simpson-Civil Service Director, and Karen
McBeth-city secretary.
News media present: Richard Orr-Plainview Daily Herald, and Wayland Baptist University television crew.
OPEN MEETING
Invocation - The Honorable Mary Jane Shanes
Pledge of Allegiance - The Honorable Sam Parker
2. Recognitions - Plainview Bulldog Football - 4A Division I State Semi-Finalist. Mayor Woods
recognized members of the Plamview Bulldog Football Team and its coaching staff'.
3. Consent Calendar - Councilmember Favila moved to approve the Consent Calendar as presented.
Councilmember McGehee seconded the motion. The motion carded unanimously, with the Mayor and all six
Councilmembers present voting "Yes" on the motion.
a)
b)
c)
d)
Minutes of December 17, 1998 and December 22, 1998 were approved.
Departmental Reports were accepted.
Expenditures were approved.
Excused Absences
e)
Speed Zone - Columbia Street. Ordinance No. 98-3201. An ordinance of the City
of Plainview, Texas, amending Section 24-158 of the Code of Ordinances to establish
a maximum rate of speed for vehicles traveling northbound and southbound on
Columbia Street, said street is also known as Interstate Highway 27 Business Route
(BI 27-U): Providing for a penalty; Cumulativeness clause; Conflicts clause;
Severability clause; And effective date. Second reading. Approved.
Budget Amendment. Ordinance No. 99-3203. An ordinance amending Ordinance
No. 98-3186 to appropriate funds in the 1998-1999 budget for the purchase of a
Forklift for the Recycling Center. First reading. Approved.
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g)
Bids: Materials for annual seal coat program: Asphalt and Gravel; and Excel Water
Distribution Pipeline. Bids for asphalt were received from Diamond Shamrock for
$47,223.00, Fina Oil & Chemical Co. For $51,300.00, and Kerr Construction for
$72,000.00. The bid was awarded to Diamond Shamrock in the amount of
$47,223.00. Bids for gravel were received from Thrasher, Inc. for $66,674.00, and
Trans Pecos Materials for $86,700.00. The bid was awarded to Thrasher, Inc. in the
amount of $66,674.00. Bids for construction of the Excel Water Distribution Pipeline
were received from Armstrong Construction for $1,187,374.85, B&H Maintenance
and Construction for $715,691.77, Holloman Construction Co. For $753,195.84,
L.A. Fuller & Sons for $633,300.70, Morton Irrigation Inc. for $573,822.53, Rhode
Construction Co. For $646,948.77, Rinks Lease Service for $598,931.27, Triple L
Utilities for $668,777.95, and Utility Contractors of America for $735,909.60. The
bid was awarded to Morton Irrigation, Inc. in the amount of $573,822.53.
REGULAR AGENDA ITEMS
4. Precinct 2 Meeting. Mayor Woods turned the meeting over to Councilmember Mary Jane
Shanes to conduct the Precinct 2 Meeting. Councilmember Shanes welcomed everyone and thanked
them for coming. She asked if there were any questions or comments from the audience. Lee Soucy,
219 S.W. l0th, said he appreciated the work the Council does and thanked Ms. Shanes for holding
the meeting in Precinct 2, and he commends the Fire Chief and Police Chief on the Honor Guard.
There were no other comments.
Zoning Ordinance. Zone Case No. 670 (109 Broadway). Specific Use Permit. Ordinance
No. 98-3200. An ordinance authorizing the issuance of a Specific Use Permit to operate a
youth center in a light retail and commercial district (C-2) zoning district; Cumulativeness
clause; Conflict clause; Severability clause; And effective date. Second reading.
John Castro, Director of Community Services, told the Mayor and Council this Specific Use Permit
would allow the building at 109 Broadway to be used as a youth center. The center will be under the
supervision and direction of the Glad Tidings Worship Center. Mayor Woods moved to approve
Ordinance No. 98-3200 and Councilmember Rosas seconded the motion. Councilmembers Parker,
Shanes, RosaS, Hutcherson, McGehee and Favila, and the Mayor voted "yes" on the motion. No one
voted against.
Hale County Appraisal District annual report. This repOrt was not given due to the illness
ofLinda Jaynes. It will be rescheduled.
Fire Code. Ordinance No. 99-3204. An ordinance of the City of Plainview, Texas, amending
Ordinance No. 88-2765 of the Fire Code, providing for the adoption of the Uniform Fire
COde (1997 edition), including the Uniform Fire Code Standard Article 10, Article 24,
Article 52, Article 62, Article 74, and Article 79; Also providing for the adoption of the
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International Conference of Building Officials of Whittier, California; Providing for certain
amendments thereto; Providing penalties of violations thereof} Severability clause;
Cumulativeness clause; Conflicts clause; And effective date. First reading.
Fire Chief Gary Glass explained this Ordinance will update the Fire Code which was last updated in
1988. This covers life safety codes and uniform fire code, and the City's codes will be up to national
standards. Councilmember McGehee moved to approve Ordinance No. 99-3204. Councilmember
Hutcherson seconded the motion. Mayor Woods and Councilmembers Parker, Shanes, Rosas,
Hutcherson, McGehee and Favila voted in favor of the motion. None voted against.
Cable Franchise. Ordinance No. 99-3205_ An ordinance of the City of Plainview, Texas,
granting to TCA Cable TV of Amarillo, Inc. its successors and assigns, a franchise for a
period of 10 years, to erect, maintain, and operate a cable type television system in the City
of Plainview and to erect, maintain and operate its poles, towers, anchors, wires, cables,
electronic conductors, conduits, manholes, and other structures and appurtenances in, over,
under, along and across the public streets, highways, alleys, bridges, and other public ways
and places in the City of Plainview; Prescribing compensation for the privileges conferred
under this franchise; Prescribing the conditions governing the operation of the business insofar
as it affects the use of public property for the purpose of such business, prescribing rules and
regulations generally for the operation of said business under this grant; Providing for
severability; And an effective date. First reading.
Wally Hatch, City Attorney, said the franchise agreement with TCA Cable TV addresses technical
measures as well as legal ones. He stated there may be some changes made prior to the second
reading of the ordinance, but he asked that the Council approve this first reading. He said the
agreement does not address rates, they are regulated by the federal government. Councilmember
Favila asked Pete Strom, local TCA Cable manager, to explain the channel line up. Mr. Strom said
there will be channels from 2 to 98. He said there has been a change in packaging. Basic service will
have 26 channels and cost $16.14 per month; Standard service will have 17 channels and cost $9.07
per month; Premier service will offer 12 channels for $5.95 per month. There will be three premium
channel packages from which the public can pick, each one having a different rate. He said if an
individual took all of the channels offered, there would be a $1.00 increase over all of the channels
now offered. He said negotiations are continuing regarding a govermnent channel and weather/storm
alert channel. Councilmember McGehee noted the basic lineup is not changing. Mayor Woods asked
Mr. Strom if we would continue using the "boxes" now required for cable reception? Mr. Strom said
only for the premium channels and pay-per-view. Councilmember McGehee moved to approve
Ordinance No. 99-3205. Councilmember Hutcherson seconded the motion. Mayor Woods and
Councilmembers Parker, Shanes, Rosas, Hutcherson, McGehee and Favila voted "Yes" to the
motion, none voted against.
Consider request of Cactus Feeders, Inc. to increase water allotment to the Wrangler Feed
Yard in Tulia, Texas.
City Manager Jim Jeffers reviewed the agreement with Cactus Feeders, Inc. and told the Council they
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have asked, to increase their water allotment to 600,000 gallons per day from 500,000. The
agreement can be terminated with two weeks notice. This increase will only be for one year and may
be discontinued with two weeks notice.. Councilmember McGehee moved to amend the contract
with Cactus Feeders, Inc. to increase the amount of water to 600,000 gallons per day.
Councilmember Rosas seconded the motion. Mayor Woods and Councilmembers Parker, Shanes,
Rosas, Hutcherson, McGehee and Favila voted "Yes" on the motion. None voted against.
10.
Consider request of Rio Concho Mobile Home Park to modify the requirements for a living
barrier around the property.
John Castro, Director of Community Service, told the Council he had received a letter from David
Ott, owner of Rio Concho Mobile Home Park, asking to be allowed to plant a type of ivy, rather than
juniper trees, along the chain link fence to be constructed around the park. Richard Wilson, co-
manager of Rio Concho spoke with a local nurseryman, who said an ivy or honeysuckle, watered by
a drip system would be better than juniper trees. The ivy or honeYsuckle would completely cover the
fence within a few seasons. Mrs. Cindy Garcia, 1202 Canyon, told the Council she owned property
next to Rio Concho, and was concerned about when the fence would be constructed. The Council
had ruled the fence be constructed within 60 days, and the final day is January 24. Councilmember
McGehee asked Mr. Wilson if he would agree to planting honeysuckle and watering it with a drip
system? Mr. Wilson said yes, he and the owner agree to this. Councilmember McGehee said the
fence should be constructed now and the vegetation planted later, when appopriate weather
conditions exist. Councilmember Rosas asked if we had an agreement? City Attorney Wally Hatch
said no, they had asked for a variance to an existing law. Councilmember Rosas asked if the fence
has to be up by the 24th or do they have another 60 days? Mr. Hatch said whatever the Council
agrees to. Councilmember Rosas said the change in vegetation was fine with him, but the fence
should be up by the 24th of January. Mayor Woods said he felt construction limit could extend to the
30~, but no longer.~ Councilmember Shanes moved to amend the variance to substitute honeysuckle
as the IMng barrier, to be planted in the proper season along with the irrigation system, but the fence
must be constructed by January 24, 1999. Councilmember Rosas seconded the motion.
Councilmembers Parker, Shanes, Rosas, Hutcherson, McGehee and Favila, and Mayor Woods, voted
"Yes" on the motion. None voted against.
11.
Open Forum. Hear citizens requests and comments per Open Forum Policy. No one spoke
on the Open Forum.
12.
Closed Session. Deliberate the appointment, employment, evaluation, reassignment or
duties, removal, discipline or dismissal of a public officer or employee, board, commission,
or committee member, or to hear complaints or charges. [Tex. Gov't. Code Section 551.074].
Electrical Board, Plumbing Board, Minimum Housing, Board of Appeals, Board of
Adjustment, Planning & Zoning, and Human Relations Commission. A Closed Session was
not held.
13. Consider Board, Committee and Commission appointments.
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Karen McBeth, city secretary, reviewed the applications for the Boards, Committees and
Commissions of the City. Mayor Woods moved to appoint Phyllis Wall to the Human Relations
Commission, Mignon Williams to the Board of Minimum Housing, Kenneth Howe to the Electrical
Board, Peggy Temple Wall to the Plumbing Board, Billy L. Gibson to the Plumbing Board, Lynn
Davis to the Plumbing Board, Ronald Gene Simmons to the Plumbing Board, Roger D. Dowdy to
the Building/Fire Code Board of Appeals, Garry Petras to the Board of Minimum Housing, Jennifer
Wright to the Board of Adjustment, Cel Castillo to the Planning and Zoning Commission, Ronald
Simmons to the Board of Minimum Housing, and Joe Frank Rodriguez, Jr. to the Board of
Adjustment. Councilmember Hutcherson seconded the motion. Mayor Woods and Councilmembers
Parker, Shanes, Rosas, Hutcherson, McGehee and Favila voted "yes" on the motion. None voted
against.
14.
Adjournment. Councilmember Hutcherson moved to adjourn and Councilmember McGehee
seconded the motion. The motion carried unanimously among the six councilmembers and
Mayor. Mayor Woods declared the meeting adjourned at 8:40 p.m.
Passed and approved on January 26, 1999.
Karen McBeth, city secretary
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