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HomeMy WebLinkAbout98 0414 min MINUTES CITY COUNCIL MEETING City of Plainview April 14, 1998 AGENDA The Plain'dew City Council held a meeting at 7:30 p.m., Tuesday, April 14, 1998 in the Council Chambers of the Plainview City Hall at 901 Broadway. The Council met in Pre-Session at 6:00 p.m. Mayor Lloyd C. Woods presided. Councilmembers present were: Mary Virginia Kirchhoff-Precinct 2, Rey Rosas-Precinct 3, Mike Hutcherson-Precinct 4, Ross Owen-Precinct 5, Bobby R. McGehee-Precinct 6 and Irene Favila-Precinct 7. Councilmember Larry Dickerson-Precinct 1 was absent. Staff members present were: Jim Jeffers-City Manager, Wally Hatch-City Attorney, Norman Huggins-Director of Finance, Cindy Gasaway-Administrative Assistant, Ches Carthel-Director of Public Works, William Mull-Police Chief, John Castro-Director of Community Services and Gary Glass-Fire Chief. News media present: Richard Orr - Plainview Daily Herald and the Wayland Baptist University television crew. Guests present were: Francis Adamson-Human Relations Commission president, Steve Mellinger-General Manager of Excel and Kelvin Tipton, also with Excel. OPEN MEETING Invocation - The Honorable Irene Favila Pledge of Allegiance - Mayor Woods led those assembled in the Pledge of Allegiance. 2. Recognitions -There were none. 3. Consent Calendar- Mayor Woods moved to adopt the Consent Calendar as presented and Councilmember Ross Owen seconded the motion. There were seven votes in favor of the motion and none against. b) c) d) Minutes of the Work Session of March 19, 1998 and Council Meeting of March 24, 1998 were approved. Departmental Reports were accepted. Expenditures were approved. Excused Absences were extended to Councilmembers Kirchhoff and Rosas for the Work Session of April 9, 1998 and Councilmember Dickerson for this meeting. e) Consider award of Bids for 3/4 Ton Pickup - Water Reclamation Department; 3/4 Ton Pickup- Street Department; ½ Ton Pickup - Water Reclamation Department; 3/4 Ton Pickup - Animal Control Department; Power Broom - Street Department. Bids for the pickup for the Water Reclamation Department were received from Gene Messer Ford for $20,458; Jack Morris Ford for $20,371; Plainview Dodge for $23,080; the bid was awarded to Jack Morris Ford in the amount of $20,371. Bids for the pickup for the Street Department (utility body) were received from Gene Messer Ford for $20,894; Jack Morris Ford for $20,767; and Plainview Dodge for $23,879.62 and the State Contract price was $18,033: the pickup will be Page 1 of 5 purchased from the State Contract for $18,033. The ½ ton pickup for the Water Reclamation Department received bids form Gene Messer Ford for $18,813; Jack Morris Ford for $18,415; Plainview Dodge for $21,368.16; and the State Contract price was $17,518: the ½ ton pickup will be purchased on the State Contract price of $17,518. The 3/4 ton heavy duty pickup for the Animal Control department received bids from Gene Messer Ford for $18,813; Jack Morris Ford for $18,415; Plainview Dodge for $21,368.16; and the State Contract price of $17,518: the 3/4 ton heavy duty pickup will be purchased on the State Contract price of $17,518. Bids for the highway sweeper (Power broom) for the Street Department were received from Bee Equipment for $28,650 (however, the bid did not meet specifications) and from Yellowhouse Equipment in the amount of $28,631.55. The bid was awarded to Yellowhouse Equipment. REGULAR AGENDA ITEMS Zoning Ordinance - Zone Case No. 656 - 518 S. Broadway. Ordinance No. 98-3163. An Ordinance amending the zoning map of the City of Plainview, Texas to rezone property located at 518 S. Broadway from an R-2, Residential District to a C-3, Commercial General Business District; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. First Reading. Councilmember Owen moved to approve Ordinance 98-3163 for its first reading and Councilmember Hutcherson seconded the motion. John Castro, Director of Community Services, reviewed the proposed ordinance stating the Planning and Zoning Commission recommended it unanimously. He said this block consisted of 10 lots, some of which were zoned residential and some zones commercial. He said the rezoning of this lot would have no adverse impact on the neighborhood. Cheryl Bass, co-owner of the property, spoke in favor of the rezoning and asked the Council to vote favorably for ks passage. No one spoke against the ordinance. Mayor Woods and Councilmembers Kirchhoff, Rosas, Hutcherson, Owen, McGehee and Favila voted in favor of the motion to approve. None voted against. Zoning Ordinance - Zone Case No. 655 - 1001 W. 5th St. Specific Use Permit. Ordinance No. 98-3165~ An Ordinance authorizing the issuance ora Specific Use Permit to operate an arcade in a R-2, Residential District generally known as 1001 West 5~ Street; Cumulativness clause; Conflicts clause; Severability clause; And effective date. First Reading. Councilmember McGehee moved to adopt Ordinance No. 98-3165 and Councilmember Owen seconded the motion. John Castro, Director of Community Services, reviewed the ordinance stating the building at this address operated game machines for many years under a Specific Use Permit and the new owner/operator had to apply for a Specific Use Permit in his name. Mr. Roy Martinez, the new proprietor was present to answer any questions. He said he was operating the snack bar and games now and hoped to have the rest of the Family Fun Park operating later this summer. The Mayor and Councilmembers Kirchhoff, Rosas, Hutcherson, Owen, McGehee and Favila voted yes on the motion to approve. None voted against. Page 2 of 5 Zoning Ordinance - Zone Case No. 654 - 1407 N. Date. Specific Use Permit. Ordinance No. 98-3164. An ordinance authorizing the issuance of a Specific Use Permit to operate a flea market in a C-3 (Commercial General Business) Zoning District, generally known as 1407 N. Date Street; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. First Reading. Mayor Woods made the motion to approve Ordinance No. 98-3164 and Councilmember Rosas seconded the motion. John Castro, Community Services Director, reviewed the ordinance explaining this address was a flea market previously and the new operators required a Specific Use Permit in their names. He said the Planning and Zoning Commission had recommended approval. Manuel Rey, the new operator, told the Council he was willing to obey all the rules and regulations required for this type business. Mayor Woods and Councilmembers Kirchhoff, Rosas, Hutcherson, Owen, McGehee and Favila voted yes on the motion to approve. None voted against. Consider entering an agreement between Excel and the City of Plainview for water supply services. Councilmember Ross Owen made the motion for the City to enter into an agreement with Excel for water supply services. Councilmember Rey Rosas seconded the motion. John Anderson, President of the Plainview/Hale County Industrial Foundation spoke to the Council stating that Excel was important to the future growth and economy of Plainview. He said they have a $41 million annual payroll and planned expansion which will employ an additional 190 people. As President of the Foundation he recommended the Council enter into an agreement to supply Excel with water. Councilmember Bobby McGehee said his position on this was by selling Excel water it would increase the depletion of city underground water~ He said the city's taxes for providing this water will benefit Excel rather than preserving Plainview's underground water for our children and grandchildren. Mr. Jeffers stated that without the Canadian River Municipal Water Authority and the proposed alternate water supply from them, an agreement to sell Excel water would not be possible. The proposed contract with Excel requires that Excel pay all construction, engineering, right-of-way acquisition, in fact all costs associated with the construction of a pipeline fr6m the City water supply to Excel. The proposed contract says Excel cannot draw more than 45 million gallons any calendar month. There is a provision in the contract which states the City can declare an emergency for most any reason and cease furnishing Excel with water. Such a declaration will allow Excel to have a public hearing on this decision, but the City Council will have the final word. The contract with Excel is subject to the drought contingency plan of the City. Excel will permit any consumers along the pipeline to tie onto it under City regulations. He said the contract may be canceled by either party with two years notification. The initial contract is for ten years, with a optional clause for an additional 10 years. Mayor Woods moved to amend the original motion to include minor legal language and Rey Rosas seconded the motion. The Mayor and all six Councilmembers present voted yes on the motion to amend. Councilmember Owen stated many hours of work and negotiations have gone into the proposed agreement and he believed there are enough safeguards in place to protect the water supply and preserve the present economical balance. Mayor Woods and Councilmembers Kirchhoff, Rosas, Hutcherson, Owen and Favila voted yes on the motion, as amended. Page 3 of 5 Councilmember McGehee voted no. The motion passed. Consider making application to the U.S. Department of Commerce Economic Development Administration (EDA) for funding assistance to construct water system improvement in conjunction with the Excel water system project. Councilmember Owen moved to make application to EDA for such assistance. Councilmember Hutcherson seconded the motion. City Manager Jim Jeffers said Tim Pierce of the South Plains Association of Governments made him aware that there is federal monies available to cities if the project is associated with job retention or job development. The proposed water supply project with Excel fits the criteria perfectly. Mr. Pierce said EDA agrees to reserve $1.5 million towards this project, but time is of the essence. With the City updating the water treatment plant and needing to construct a transmission line, Excel has agreed to provide a letter saying the project will promote job retention, the City will need to execute the resolutions allowing SPAG to administer the grant. The Mayor and Councilmembers Kirchhoff, Rosas, Hutcherson, Owen, McGehee and Favila voted in favor of the motion. None voted against. Consider making application to the Texas Capital Fund for funding in assisting water system improvements for the Excel water project. Councilmember Rosas made a motion to make application to the Texas Capital Fund and Councilmember Hutcherson seconded the motion. Mr. Jeff.ers told the Council that this too was federal money under the Block Grant program that is available. He said that Excel may or may not decide to make such an application but in the event they did, approval would authorize the City Manager to execute the necessary documents. Mayor Woods and Councilmembers Kirchhoff., Rosas, Hutcherson, Owen, McGehee and Favila voted in favor of the motion. None voted against. 10. Budget Amendment. Ordinance No. 98-3166. An ordinance amending Ordinance 97-3135 to appropriate funds within the Fire Department for computers and sottware for the fiscal year of 1997-1998. First Reading. Councilmember McGehee moved to approve Ordinance No. 98-3166 and Councilmember Hutcherson seconded the motion. Fire Chief Gary Glass explained the department is currently using a program that is antiquated and has no program support because the company no longer exists. New programs available require newer computers. He told the Council the proposed new software will fill the City's needs and will for some time to come. He said the new computers will be year 2000 compatible and the proposed budget amendment will purchase the new software and three new computers. Mayor Woods and Councilmembers Kirchhoff, Rosas, Hutcherson, Owen, McGehee and Favila voted yes on the motion. None voted no. 11. Presentation of Fair Housing Proclamation. Page 4 of 5 Francis Adamson presented the Fair Housing Proclamation. Stating she serves on the Human Relations Commission, a commission of the City of Plainview, which promoted equality and understanding and prohibits discrimination in housing, she said she was very proud to present this proclamation. She then read the proclamation approved by the Council declaring April as Fair Housing Month. Mayor Woods thanked her for presenting the proclamation. 12. Open Forum. Hear citizens requests and comments per Open Forum POlicy. No one spoke. 13. 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] (Board of Adjustment). A Closed Session was not held. 14. Consider appointment to the Board of Adjustment. City Secretary Karen McBeth told the Council an application to the Board of Adjustment was submitted by Mr. Cezar Cervantes and he met all the criteria for serving on the board. Councilmember Hutcherson moved to appoint Mr. Cervantes to the Board of Adjustment. Councilmember McGehee seconded the motion. The Mayor and Councilmembers Kirchhoff, Rosas, Hutcherson, Owen, McGehee and Favila voted in favor of the motion. None voted against. 15. Adjournment. Councilmember Owen moved the meeting adjourn and Mayor Woods seconded the motion. All Councilmembers presented voted in favor of the motion and Mayor Woods declared the meeting adjourned at 8:12 p.m. Passed and approved on April 28, 1998 Karen McBeth, City Secretary Page 5 of 5