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Home My WebLink About93 1026 min0106 MINUTES CITY COUNCIL MEETING City of Plainview October 26, 1993 The Plainview City Council met in a regular meeting on October 26; 1993, at 7:30 p.m. in the Council Chambers of the Plainview City Hall at 901 Broadway. The Council met in Pre-Session at 7:00 p.m.E.V. Ridlehuber, Mayor, presided. Councilmembers present were: Alton Jackson, Sr.- Precinct 1, Mary Virginia Kirchhoff - Precinct 2, Don Dickson - Precinct 3, Barbara Dorman - Precinct 5, Dwain Dodson - Precinct 6, and Irene Favila - Precinct 7. Precinct 4 is vacant until November 2, 1993. Staff present: James P. Jeffers - City Manager, Muff London- Director for Community Services, Wally Hatch - City Attorney, William R. Hogge - Director of Public Works, Roy L. Osborne - Director of Public Safety, Terry Powers - Director for Human Resources, Barbara Sullivan- Municipal Court Judge, and Karen McBeth - City Secretary. Media present: Richard Orr- Plainview Daily Herald. Guests present: Mary Jane Shanes, Barbara Hunt, Dan DeAsis, K.C. Willis, Rosa Zuniga, Kemp Hinch, Rudd Owen, and Mr. and Mrs. Scott Clark. OPEN MEETING 1. Invocation - Mary Virginia Kirchhoff 2. Recognitions/Oath of Office - William R. Hogge, Director of Public Works, recognized the employees of the water and wastewater maintenance/construction department and the water production of the city, and the assistants in the engineering department for their conscientious and exceptionally good work in the Westridge Addition following its annexation. The employees not only brought the work in on time and under budget, they also did not neglect anything in the remainder of the city while this important project was completed. Those recognized were: John Berry, Jim Lees, Darryel Pierce, Raymond Cisneros, Tony Smith, Gerardo Chavez, Alvin R. Uillican, Armando Herrera, Jimmy Maciel, James George, and Wes Shaw. 3. Youth Commission - Ordinance No. 93-2977 - An Ordinance of the City of Plainview, Texas, creating a Youth Commission for the City of Plainview. K. C. Willis, Chairperson of the Human Relations Commission, urged the Council to pass this important ordinance so as to address the problems of the younger people in the community and possibly avert serious problems concerning gang violence. Barbara Dorman moved the ordinance be adopted; Don Dickson seconded the motion; the motion carried unanimously among the six councilmembers present. 4. Zoning - Zone Case 614 - 1704 West 7th Street - R-2 to C-1. Ordinance No. 93-2976. An Ordinance amending the zoning map of the City of Plainview, Texas to rezone property located at 1704 W. 1 of 4 0107 7th Street from an R-2, Single family residential zone, to a C-1, neighborhood retail service zone; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. Director for Community Development Muff London presented a video of the property n question and its surrounding neighborhood. She stated that this property was once zoned light commercial and then was changed to residential by the Comprehensive Plan. She stated the owners of the property are requesting this be returned to light commercial zoning so as to facilitate the sale or improvement of it. Mrs. London stated the Planning and Zoning Commission approved the request unanimously. Mrs. London also reported she had three letters objecting to the change from property owners close to the lot in question, and one letter from a renter in the immediate area. Barbara Dorman moved to open Public Hearing; Dwain Dodson seconded the motion; the motion carried unanimously. Mayor Ridlehuber asked those speaking for the zone change to come forward. Mrs. Scott Clark spoke for the change showing pictures of the property when they purchased it and the improvements made in the surrounding area. Mr. Scott Clark also spoke in favor of the change. Mayor Ridlehuber asked if anyone wished to speak against the proposed change; no one came forward. Don Dickson moved the public hearing close; Barbara Dorman seconded the motion; the motion carried unanimously. Barbara Dorman moved Ordinance No. 93-2976 be approved as presented; Dwain Dodson seconded the motion; the motion carried unanimously upon a show of hands. 5. Americans With Disabilities Act- Report from Advisory Committee. Mary Jane Shanes, Secretary of the ADA Advisory Committee addressed the Council stating she was pleased to serve on this important committee and was hopeful the Council would act upon the recommendations regarding making public buildings handicap accessible. These recommendations include curb cuts, doorways, bathrooms and elevators in the city's buildings. The Mayor thanked Mrs. Shanes and the Advisory Committee for their hard work. 6. Bids - Landfill Construction - Consideration of award of bid. Mr. Bill Hogge reviewed the bids submitted for construction of a new cell to the sanitary landfill. Kirkland Construction of Rye, CO bid was $532,881.44; Jordan Paving Corp. of Irving, TX bid was $704,225.70, and Mine Service, Inc. of Rockdale, TX submitted a bid of $735,427.00. Mr. Hogge recommended the bid from Kirland Construction of Rye, CO. Mr. Hogge explained that time was of the essence in this matter and a severe daily penalty of $3,000 per day, for not completing the job on time would be imposed and that a "reward" for finishing early of $500 per day, not to exceed $10,000, is offered. The project must be completed no later than February 1, 1994. Barbara Dorman moved the bid be awarded to Kirkland Construction of Rye, CO. in the amount of $532,881.44; Don Dickson seconded the motion; the motion carried unanimously among the six councilmembers present. 7. Cable TV Regulation - Ordinance No. 93-2978 - An Ordinance of the City of Plainview, Texas, prescribing regulations for rates charged to cable subscribers for the basic service tier and establishing Chapter 25, Cable Regulations; Severability clause; Cumulativeness clause; Conflicts clause; Providing for publication; And effective date. City Attorney Wally Hatch informed the Council that the City had applied to the FCC for the right to regulate rates charged not only for the basic service, but also the the expanded service, and this has been given to the City. Dwain Dodson moved Ordinance No. 93-2978 be adopted and approved; Mary Virginia Kirchhof seconded the motion; the motion carried unanimously. 8. Consent Calendar 2of4 0108 a) b) c) Minutes were approved. ~ Departmental Reports were approved. Expenditures were approved. d) Board, Commission and Committee Appointments for Fire Code/Building Code Board of Appeals, No appointments were made. e) Plat - Preliminary. Kruse Subdivision. Resolution No. R93-119. A Resolution of the City of Plainview, Texas, approving the preliminary plat of Kruse Subdivision, Unit No. 1, Out of Block 1, Alabama Addition, Plainview, Hale County, Texas. Resolution was approved. Plat - Final - Mesa Verde Addition. Resolution No. R93-120. A Resolution of the City of Plainview, Texas, approving the final plat of Mesa Verde Addition, Unit No. 4, Plainview, Hale County, Texas. Resolution was approved. g) Depository Agreement - Consider authorizing the Mayor to execute the Bank Depository Agreement with Hale County State Bank for the period of October 1, 1993 through September 30, 1995. The Mayor was so authorized. h) Zoning - 410 and 412West 9th Street - Consider request of Rickey Davis for the City of Plainview to be the applicant for rezoning Lots 7 & 8, and the South 9 feet of Lot 9, Block 64, of the Alexander-Westmoreland Addition {located at 410 and 412 West 9th Street) from MF-1 (Multi-family) District to a Commercial-2 (Light retail and Commercial District). Request was granted. Barbara Dorman moved the Consent Calendar be approved as presented; Dwain Dodson seconded the motion; the motion carned unanimously. 9. Executive Session - Discussion of pending or contemplated litigation (Santa Fe Railroad - 16th Street crossin, D.E. Rice Construction Qo., Inc., and EMCO, Inc.) This meeting is authorized by [TEX. REV. CIV. STAT. and Art. 6252-17, Sec. 2(e), (Vernon Supp. 1993).] Evaluation of a public officer or employee (Director of Public Safety, Roy L. Osborne). This meeting ~s authorized by ['rEX. REV. CIV. STAT. and Art. 6252-17, Sec. 2(g), (Vernon Supp. 1993).] Don Dickson moved the Council go to Executive Session; Dwain Dodson seconded the motion; the motion carried unanimously. The Council went into executive session at 8:30 p.m. 10. EMCO, Inc.. Consider authorizing action per the parameters discussed in Executive Session. No action was taken. 11. Santa Fe Railroad. 16th Street Crossing · Consider authorizing action per the parameters discussed in Executive Session. No action was taken. 3of4 0109 12. D.E. Rice Construction Co., Inc. - Consider authorizing action per the parameters discussed in Executive Session. No action was taken. 13. Evaluation of Public Officer or Employee. Director of Public Safety Roy L. OsbOrne was g~ven a one per cent raise. Irene Favila, Alton Jackson and Dwain Dodson noted for the record they were opposed to the raise given to Director of Public Safety. Alton Jackson stated that while he was opposed to the salary increase, he was pleased with the Director's performance. 13. Adjournment- Barbara Dorman moved the meeting adjourn; Don Dickson seconded the motion; the motion carried unanimously. Mayor Ridlehuber declared the meeting adjourned at 10:41 PASSED AND APPROVED on November 9, 1993. E. V. Ridlehuber, Mayor ATTEST: Karen McBeth, City Secretary 4of4