HomeMy WebLinkAbout98 1027 min MINUTES
CITY COUNCIL MEETING
City of Plainview
October 27, 1998
The Plamview City Council held a meeting at 7:30 p.m., Tuesday, October 27, 1998 in the Council Chambers of the
Plainview City Hall at 90I Broadway. The Council met in Pre-Session at 7:00 p.m. Mayor Lloyd C. Woods presided.
Councilmembers present were: Sam Parker-Precinct 1, Mike Hutcherson-Precinct 4, Ross Owen-Precinct 5, and Bobby
McGehee-Precinct 6. Absent Councilmembers were: Mary Jane Shanes-Precinct 2, Rey Rosas-Precinct 3, and Irene
Favila-Precinct 7.
Staff members present were: Jim Jeffers-City Manager, Cindy Gasaway-Administrative Assistant, Dale Simpson-Civil
Service Director, John Castro-Director of Community Services, Wally Hatch-City Attorney, John Berry-Asst. Director
of Public Works, William Mull-Police Chief, Gary Glass-Fire Chief, Norman Huggins-Director of Finance, and Karen
McBeth-city secretary.
News media present: Jeff Stevens-Plainview Daily Herald, Wayland Baptist University television crew.
OPEN MEETING
Invocation - The Honorable Ross Owen
Pledge of Allegiance - Michael Bechtold, Eagle Scout
2. Recognitions - There were none.
3. Consent Calendar - Councilmember Owen moved to approve the Consent Calendar as
presented. Councilmember McGehee seconded the motion. The Mayor and Councilmembers Parker,
Hutcherson, Owen and McGehee voted "yes" on the motion
a)
b)
c)
d)
Minutes of October 8, 1998 and October 13, 1998 were approved.
Departmental Reports were accepted.
Expenditures were approved.
Excused Absences were granted to Councilmembers Mary Jane Shanes, Rey Rosas
and Irene Favila for this meeting.
e)
Ordinance No. 98-3194. An Ordinance of the City of Plainview, Texas, amending
Ordinance No. 96-3094, creating a Senior Citizen Commission for the City of
Plainview. Second reading. Passed and approved.
Ordinance No. 98-3190. An Ordinance of the City of Plainview, Texas, amending
Ordinance No.98-3186, and appropriating hotel/motel tax funds for use at the Fair
Theatre. Second reading. Passed and approved.
g)
Consider Combination Plat of Jernigan Addition, Plainview, Hale County, Texas.
Plat was approved, with variances: 7.04.1 (page 26) Block length 1320'; 7.06.1 (page
26) Alley required; 7.08.1 (page 27) Flood areas - It is understood that new
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construction will not be allowed in Floodway and the new construction in the non
floodway flood zone is subject to applicable regulations; 7.10.5 (page 28) Additional
Water Lines extending service through property to the South; 7.10.6 (page 29)
Additional Sewer Lines extending service through property to the South; Any other
provision that is not in compliance by this addition. The above provisions would cause
an unnecessary hardship to comply with and they are not appropriate for this
particular addition, considering its relationship to surrounding land. The departure
from the regulations in this instance will not destroy the intent of the provisions.
h)
Ordinance No. 98-3195. Codification Amendment Adoption. An Ordinance adopting
and enacting amendments to he Code of the City of Plainview; Compiled and codified
by authority of the City Council; Containing amendments to the permanent, general
ordinances of the city; Repealing all ordinances and parts of ordinances of a
permanent, general nature not included in the code in full or by reference; Providing
a penalty for wrongfully changing or tampering with the code; Providing for
certification of copies thereof, And prescribing the time when the amended code shall
become effective. First reading. Passed and approved.
i)
Ordinance No. 98-3191. An Ordinance of the City of Plainview, Texas amending
Section 25-251 of the Code of Ordinances to establish certain streets in the city of
Plainview as truck routes for inter-city and intra-city travel; Providing for a penalty;
Cumulativeness clause; Conflicts clause; Severability clause; And effective date.
Second reading. Passed and approved.
REGULAR AGENDA ITEMS
Ordinance No. 98-3193. An Ordinance of the City of Plainview, Texas amending Ordinance
No 98-3186, appropriating Solid Waste Funds for the City of Plainview Recycling Program,
Plainview Recycling Center Program. Second reading.
City Manager Jim Jeffers reviewed the ordinance, stating recycling has been and will continue to be
an integral part of Plainview's solid waste management. With the establishment of a recycling center
the general citizenry needs to be educated to the benefits, as well as the necessity of recycling. The
recycling center already receives all manner of paper, cardboard, newspaper and some plastics. One
such educational facility is a citizens advocacy group called Pitch-In-Plainview. At present a small
organization, but it is an extremely zealous one. Mr. Jeffers introduced David Wilder, who is the chair
person of Pitch-In-Plainview. Mr. Wilder said the Pitch-In-Plainview committee meets once a
month to promote and advertise recycling. Mr. Wilder said the committee is looking at long range
plans for recycling and creating incentives to encourage recycling throughout the community. One
of the major items to be promoted is the use of mulching lawn mowers. During the summer months
dumpsters throughout the City are filled with grass clippings, and these then fill up the landfill_ With
the use of mulching type mowers, these trimmings will be incorporated into the lawns which will
benefit the grass, save water and save landfill space. He said the committee is working on a brochure,
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small enough to fit on the refrigerator door, which will remind people to recycle. He said recycling
is a habit and the committee is looking at ways to make people want to recycle. At the present time
the committee features a business each month, in the newspaper, for beautification and for recycling.
Committee members go to civic club, schools and other meetings, to promote and encourage
recycling. There are 230 "Blue Boxes" throughout the City in which citizens may deposit recyclables,
and these boxes were bought with grant money. An additional 25 "Blue Boxes" are in communities
outside Plainview, serviced by the recycling center. Councilmember McGehee said a grant of
$108,000 has gone into the recycling center. He also said the City of Plainview pays a fee to the
Texas Natural Resource Conservation Commission each month for the amount of refuse placed in
the landfill, therefore the more people recycle, the less the City has to pay TNRCC. Mayor Woods
asked Mr. Wilder approximately how many people use the mulching type mowers? Mr. Wilder said
less than 10%. Mayor Woods made a motion to approve Ordinance 98-3193 and Councilmember
Owen seconded the motion. The motion passed with Mayor Woods and Councilmembers Parker,
Hutcherson, Owen and McGehee voting "yes" on the motion. None voted against.
Zone Case No. 666. Ordinance No. 98-3188. An Ordinance authorizing the issuance of a
Specific Use Permit to operate a flea market in a C-3 (Commercial) Zoning District, generally
known as 608 E. 5th Street; Cumulativeness clause; Conflicts clause; Severability clause; And
effective date. First Reading.
John Castro, Director of Community Services, reviewed Ordinance No. 98-3188. He told the Council
Victor Rodriguez requested a Specific Use Permit to operate a flea market at 608 E. 5th Street, which
is the site of a previous new and used furniture store. Mr. Castro said the Planning & Zoning
Commission approved the request with the stipulation that there will be no outside booth sales.
Mayor Woods moved to approve Ordinance No. 98-3188. Councilmember Parker seconded the
motion. The Mayor and Councilmembers Parker, HUtcherson, Owen and McGehee voted "yes" to
the motion, none voted against.
Zone Case No. 667. Ordinance No. 98-3192. An Ordinance authorizing the issuance of a
Specific Use Permit to operate a custom personal service shop in a (O) Office Zoning District;
Generally known as 714 West 7th Street; Cumulativeness clause; Conflicts clause;
Severability clause; And effective date. First reading.
Director of Community Services John Castro told the Council this ordinance is for a Specific Use
Permit for Mrs. Sue Johnson to operate a beauty shop at 714 West 7th Street. The Planning and
Zoning Commission approved the request and the four comments received were in favor of her
request. Councilmember McGehee moved to approve Ordinance No. 98-3192 with Councilmember
Owen seconding the motion. Councilmembers Parker, Hutcherson, Owen, and McGehee, along with
Mayor Woods, voted in favor of the motion. None voted against.
Building COde Amendment. Ordinance No. 98-3196. An Ordinance of the City of
Plainview, Texas amending 6 - 1 - 16; and 6 - 26 of the Plainview Code of Ordinances;
Severability clause; Cumulativeness clause; Conflicts clause; And effective date. ·First reading.
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Minimum Housing Code Amendment. Ordinance No. 98-3197. An Ordinance of the City
of Plainview, Texas amending Chapter 13 of the Plainview Code of Ordinances; Severability
clause; Cumulativeness clause; Conflicts clause; And effective date. First reading.
Nuisance Amendment. Ordinance No. 98-3198. An Ordinance amending the City of
Plainview Code of Ordinances, Chapter 16, Nuisance Code and amending sections of the
Nuisance Code; Cumulativeness clause; Conflicts clause; Severability clause; And effective
date. First reading.
Director of Community Services John Castro reviewed items 7, 8 and 9 together. He said each of
these ordinances concerned the Code of Ordinances and all three interact and brings all portions of
the building codes into agreement. He said this updates and removes confusing differences.
Councilmember Owen moved to approve Ordinance No. 98-3196. Councilmember Hutcherson
seconded the motion. The Mayor and Councilmembers Parker, Hutcherson, Owen and McGehee
voted unanimously to approve the motion.
Councilmember McGehee moved to approve Ordinance No. 98-3197. Councilmember Owen
seconded the motion. The Mayor and Councilmembers Parker, Hutcherson, Owen and McGehee
voted unanimously to approve the motion.
Councilmember Parker moved to approve Ordinance No. 98-3198. Councilmember Hutcherson
seconded the motion. Mayor Woods and Councilmembers Parker, Hutcherson, Owen and McGehee
voted unanimously to approve the motion.
10. Annual Report of the Legal Department. City Attorney Wally Hatch addressed the Mayor
and Council stating the most significant progress made in this past year was clearing the large backlog
of Municipal Court cases. He said significant changes have been made in the system by which these
cases are handled. He said cases are heard every month, with one day of jury trials and one day of
Judge trials, this way the back log is no more than thirty days old. He said his department has
completed the franchise agreement with TCA Cable TV, and expects to hear from them in a few
weeks. He said codification of the ordinances passed each year is an ongoing project and the updated
pages are issued every two years. He said his department is taking on more on-line library research,
and this gives his office excellent research facilities. This past year has seen the completion of some
older litigation, and his aim is to continually advise prior to a problem and then do damage control.
Mayor Woods thanked him for his report.
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
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committee member, or to hear complaints or charges. (City Attorney evaluation). [TEX.
GOV'T CODE Section 551.74]
Councilmember Owen moved to convene in Closed Session and Councilmember Hutcherson
seconded the motion. The Mayor and Council unanimously approved the motion. They convened
in Closed Session at 7:55 p.m.
13. Action per Closed Session. City Attorney evaluation. The Council reconvened in Open
Session at 8:15 p.m. Mayor Woods made a motion that the City Attorney's annual salary be $50,000
beginning with the current pay period. Councilmember Owen secondeci the motion. Mayor Woods
and Councilmembers Parker, Hutcherson, Owen and McGehee voted unanimously in favor of the
motion. None voted against.
14. Adjournment. Councilmember Owen moved to adjourn and Councilmember Hutcherson
seconded the motion. Mayor Woods and all Councilmembers present voted in favor of the motion.
The meeting adjourned at 8:22 p.m.
Passed and approved on November 10, 1998.
Karen McBeth, City Secretary
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