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Home My WebLink About91 0528 min75 CITY COUNCIL MEETING May 28, 1991 MINUTES The Plalnview City Council met in Regular Session on Tuesday, May 28, 1991, in the Council Clnambers of City Hall at 7:30 p.m. with Mayor E. V. Ridlehuber presiding. Counci]members present were: Alton Jackson - Precinct 1; Mary Virginia Kirckhoff - Precinct 2; Don Dickson - Precinct 3; Medlin Carpenter - Precinct 4; Barbara Dorman - Precinct 5; Dwain Dodson - Precinct 6; and Ross Owen - Precinct 7. Staff Present: James P. Jeffers, City Manager; David Blackburn, City Attorney; Bill Hogge, Director of Public Works; Norman Huggins, Director of Finance; Diane Groh, Director for Community Services; and IAnda Huddleston, City Secretary. News Media Present: Richard Orr - Plainview Daily Herald; Scott Fitzgerald -:Lubbock Avalanche Journal; Wes Naron - KVOP; Randy Ballinger - KKYN and Ridley Gibson and Nathan Geick - P]a~nview Cable TV. Guests: Joe M. Byrd, 2607 Holliday; T. M. Moore, 2601 Holliday; Para Moore, 2601 Holliday; James Be]k; Paul Jol~n~on; and Joe Walker. OPEN MEETING An Open Meeting was held concerning the following subjects: 1) Councilmember Ross Owen delivered the invocation 2) Oath of Office - Various Boards and Commissions of the City. Mayor Ridlehuber administered the Boards, Commi.~sions and Committee Oath of Office to Trina Lewis who was appointed to the Human Relations Commissions at the May 14, 1991, Council meeting. 3) Zone Case No. 5?4 - Specific Use Per~it - Rest Homes or Nu~ Homes. Ordinance No. 91-2866. An Ordinance amending Zoning Ordinance No. 89-2798 "The City of Plainview Zoning Ordinance"; more specifically amending Section 8:1 "Schedule of Uses Established", to allow Rest Homes or Nursing Homes in an R-1 (Single-Family Residential District) with a Specific Use Permit, and establishing an effective date. Mayor Ridlehuber established that this item had been addressed at a public hearing at the May 14 Council meeting. The Mayor asked that anyone desiring to make a statement or express their opinion either for or against should come forward at this time. Those speaking in opposition of the request were Joe M. Byrd, Terry M. Moore and Para Moore. Those speaking in favor of the request were Paul Johnson, James Belk and Joe Walker. A motion was made by Councilmember Dwain Dodson to adopt Ordinance No. 91-2866. The motion was duly seconded by Councilmember Don Dickson. lof5 Councilmembers Medlin Carpenter, Don Dickson, Mary Virginia Kirchhoff, Dwain Dodson, Ross Owen and Alton Jackson voted in favor of adopted the ordinance. Councilmember Barbara Dorman cast the only vote opposing adoption of the ordinance. 4) Public Heating a) Cmmival. Request of Joe Walker on behalf of the Plainview Jaycees for a Specific Use Permit on Lots 3-13, Westridge Addition, Unit 6, for the purpose of operating a carnival in a C-3 Zoning District located at 4405 Olton Road. Mayor E. V. Ridiehuber called for a public hearing. A motion was made by Counnilmember Barbara Dorman to open the public hearing. The motion was duly seconded by Councilmember Dwaln Dodson and carried by a unanimous vote. Diane Groh, Director for Community Services, advised the Council that a temporary Specific Use Permit had been requested for the purpose of operating a carnival'. Groh state that this request was second choice to the other request on the agenda. Mayor Ridlehuber asked for persons wishing to speak for or against the request to come forward at this time. Joe Walker spoke in favor of the request and stated this location was second choice because of the parking. The Mayor asked if anyone else had anything else to add either for or against. Hearing none, a motion was made by Councilmember Barbara Dorman to close the public hearing. The motion was duly seconded by Councilmember Medlin Carpenter and carried by ~a unanimous vote. b) c) Mesa Vex-de. Request of City of Plainview for rezoning of Lot 1, Mesa Verde, Unit 1, from a Specific Use Permit to a C-3 Zoning District located at 1001 North 1-27. Mayor Ridlehuber called for a public hearing. A motion was made by Councilmember Don Dickson to open a public hearing. The motion was duly seconded by Councilmember Ross Owen and carried by a unanimous vote. Diane Groh, Director for Community Services, advised the Council thin request was to rezone said property from a Specific Use Permit to C-3 zoning to make property compatible with surrounding properties. Groh stated that a favorable response had been received from Wal-Mart. Mayor Ridlehuber asked for additional responses for or against the request. Hearing none, a motion was made by Councilmember Barbara Dormau to close the public hearing. The motion was duly seconded by Councilmembers Ross Owen and carried by a unanimous vote. Ca~q~iv~l. Request of Joe Walker on bebmlt' of the Plainview Jaycees for a Specific Use Permit on Lot 1, Mesa Verde, Unit 1, for the purpose of operating a carnival in a C-3 Zoning District and located at 1001 North 1-27. Mayor Ridiehuber called for a public hearing. A motion was made by Councilmember Ross Owen to open a public hearing. The motion was duly seconded by Councilmember Dwain Dodson and carried by a unanimous vote. 2of5 77 Diane Groh, Director for Community Services, advised the Council that this location was the first choice of the ~aycees for the carnival location because this location offered a more adequate parking area. Mayor Ridlehuber asked for Nresponses for or against this request. Diane Groh stated that a response bad been received frOm Wal-Mart against a carnival at this location expressing concerns that the Wal-Mart parking lot would be used for carnival parking. Joe Walker spoke in favor of the request and agreed to stipulations regarding portable toilets, trash dumpster, adequate lighting and security. Mayor Ridlehuber asked for additional responses. Hearing none, a motion was made by Counc~lmember Medlin Carpenter to close the public hearing. The motion was duly seconded by Councilmember Ross Owen and carried by a unanimous vote. 5) ]]3~IS l~t~mahi~e - P1Rinview ,A~']lqqce Service. Ordinance No. 91-2868. An ordinance amending Ordinance No. 88-2750, gran~ a franchise to Plainview Ambulance Service; allowing the franchise 88-2750 to be considered for renewal annually. Joe Ferguson, advised the Council that the amendment to this ordinance was not changing anything except to allow the franchise to be considered for renewal annl]ally. 6) Cable TV Review of rate adjustment and program changes. Ridley Gibson, Plainview Cable TV, reviewed for the Council the rate adjustments and program changes that will be effective July 1, 1991. Council expressed their appreciation to Mr. Gibson for volunteering to come before the Council and share this information as it is not required due to the fact that cable TV rates are not reg~,lated. 6.1) Utility BflHn. g - Consideration of adopting b~11~ng procedures. Norman Huggins, Director of Finance, outlined the two b~lling options discussed at the Thursday Work Session. Due to negative comments concerning the current b~11ing system which bee,sine effective April 1, 1991, a change in the system is being considered. The current policy gives customers 14 days to pay their bill without a penalty and 22 days before service is disconnected. The first option Huggins presented to the Council would give customers 21 days to pay their bill with no penalty and service would not be disconnected until the 29th day. The second option provides the same 21 day period to pay bflLq prior to penalty, but also adds an additional 11 days to the disconnect period. Hearing no response to these two options, a motion was made by Coune~lmember Don Dickson to accept option number two. The motion was duly seconded by Counc~lmember Medlin Carpenter and carried by a unanimous vote. Mayor E. V. Ridlehuber intrOduced the following consent calendar for approval noting that item (g) had been tabled due to lack of information: 3of5 ALL MATTERS UNDER ITEM 7 CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED ON A MOTION IN THE FORM LISTED Bg[JOW, THERE WY[J, BE NO SEPARATE DISCUSSION ON THESE ITEMS OTHER THAN THE ASKING OF QUESTIONS FOR SIMPLE CLARIFICATION. ON OBJECTION BY ANY PARTY TO THE INCLUSION OF ANY ITEM ON THE CONSENT CALENDAR, THAT ITEM-SHALL BE REMOVED FROM THE CONSENT CALENDAR. SUCH OBJECTION MAY BE RECORDED ANY TIME PRIOR TO THE TAKING OF A VOTE ON THE MOTION TO APPROVE THE CONSENT CALENDAR. ALL SUCH ITEMS SHALL BE CONSIDERED INDIVIDUALLY IN THE ORDER IN WHICH THEY ARE OBJECTED TO, IMMEDIATELY FOLLOWING THE CONSIDERATION OF THE CONSENT CALENDAR. 7) CONSENT CALENDAR a) Minutes b) Department Reports c) Budget Expenditures d) Housing Authority - RTC. Resolution No. R91-116. A resolution of the City of Plainview, Texas, endorsing the Plainview Housing Authority's application for acquisition of two properties to be used for lower income households, currently controlled by the Resolution Trust Corporation. e) Sanitation - Rate Adjustment. Ordinance No. 91-2869. An ordinance of the City of Plainview, Texas, amending Section 24-47 entitled "Refuse Collection Fee; Water Termination" of the Code of Ordinances of the City of Pla~nview, Texas. f) Loading Zone. Consideration of a request from Jack Oswald to alter the loading zone in the 100 block of West 6th Street. This is a request from Jack Oswald, Old World Antiques, Inc., that the East 50 feet (from the alIey) be designated a loading zone. Old World Antiques uses the South 1/2 of the building at 6th and Broadway as a warehouse and it is necessary to load and unload mercbandi.~e. This Will be less space for a loading zone than what exists today. g) St~-eet C~. Consideration of Gerald Autry, as the Independent Executor of the Estate of Lorene Autry, Petition and O~dinance fo~ Closing~ of A Street located at: BEGINNING at the Northwest corner of Survey 57, Block A-i, Hale County, Texas (which is 21.~o the N.E. corner of Section 58, Block A-i, Hale County, Texas); THENCE South 1752.8 feet along the West line of Survey 57, Block A-l, to the intersection of the Northeasterly right-of-way line of South Interstate Highway No. 27. Tabled due to lack of information. h) Bids - Ael-ial Mo~cluito Splay Con~ - Consideration of award of bids. The following bids were received for the Aerial Mosquito Spray Contract: 1) Aero Tech, $4365; 2) EAAAG Aerial Spraying, $4,656; 3) Everitt Aerial ~Spraying, Inc., $5,723; 4) Southwest Aerial Services, Inc., $6,111. The bid was awarded to Aero Tech of Clovis, New Mexico. The two bids received on the Bulk Liquid Malathion Insecticide were rejected. 4of 5 79 A motion was made by Councilmember Ross Owen to adopt the consent calendar as presented with the exception of item (g) which was tabled. The motion was duly seconded by Councilmember Ross Owen and carried by a unaMimous vote. s) Adjoum~ment - A motion was made by Councilmember Ross Owen to adjourn the meeting. The motion was duly seconded by Councilmember Barbara Dorman and carried by a unanimous vote. There being no further business, Mayor E. V. Ridlehuber adjourned the meeting at 8:55 p.m. PASSED AND APPROVED this the llth day of June, 1991. E. V: Ridlehuber, Mayor ATTEST: Linda Huddlestbn, City Secretary 5 of 5