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Home My WebLink About87 0526 minCITY COUNCIL MEETING MAY 26, 1987 PRE-SESSION 6:30 P.M. CITY COUNCIL CHAMBERS 7:30 P.M. MINUTES The Plainview City Council met in Regular Session on Tuesday, May 26, 1987, at 7:30 P.M. in the Council Chambers of City Hall with Mayor Ridlehuber presiding and the following Councilmembers present: Alton Jackson, Terry Clements, Don Dickson, Barbara Dorman, Bobby James, Junior Brown and Tom Aday. Staff present: City Manager Jim Jeffers, Director of Municipal Services Mike McDonough, Assistant City Attorney David Blackburn, Director of Public Works Bill Hogge, Chief of Police Roy Osborne, and City Secretary Sheryl Owen. Visitors present: Rebecca Escalante, Joe Barrera, Manuel Ramos, Jr., Pink Dickens, Benito Garcia Jr., Jesse Munoz, Bob Kirk and Lanny Webb. Invocation was given by Councilwoman Barbara Dorman. Ridlehuber welcomed the guests and opened the Meeting. Mayor Mayor presented for consideration on second and final reading Ordinance No. 87-2690 entitled, "An Ordinance amending Ordinance No. 85-2568, of the City of Plainview, Texas, setting the rates to be charged for the sewer sezwice and the sewer disposal service; and repealing all ordinances in conflict herewith." It was moved by Councilman Aday seconded by Councilman Brown to approve the Ordinance on second and final reading. Motion carried unanimously. Frisco CoR%~it¥. Rebecca Escalante of the Frisco Community Committee explained to the Council that the Committee would like a siren moved closer to the Frisco Addition. Also she indicated that they would like the playa lake area designated as a park with landscaping and equipment placed there with funds coming from the park reserves. Mr. Jessie Munoz asked the Council if the Railroad Commission had ever answered their letter. Mr. Jeffers indicated that the street lights were going to be installed by Southwestern Public Service at the railroad crossing and that the letter had not been answered. Mr. Munoz thanked the Council for the time on such. 1 of 4 Mayor presented for consideration on first reading Ordinance No. 87-270Z entitled, "An Ordinance of the City of Plainview, Texas, granting to Energas Company (a Texas Corporation with its principal office in the City of Dallas, Dallas, County, Texas) the franchise and rights to conduct in said City the business of acquiring, maintaining, constructing, laying, repairing, removing, replacing, installing, operating, and disposing of a gas system for the sale, transportation, and distribution of natural gas within the municipal boundaries of the City and to the residents and businesses located therein for light, heat, power, and any other purposes and the right to use the present and future streets, roads, highways, alleys, public ways, and real property in said City and owned or controlled by said City for said purposes; prescribing the terms and conditions to which said franchise and rights are subject; and prescribing the terms of said franchise and rights." City Manager Jim Jeffers explained the Ordinance. Mr. Bob Kirk with Energas summarized the Ordinance on behalf of Energas; he expressed objections to the following parts in the proposed ordinance; 15 year period; a performance evaluation at the end of each 5 year period; gross receipt (City being able to raise or lower during the term of the franchise); and the proposed assignability clause being granted only at the discretion of the Council upon their terms and conditions. It was then moved by Councilwoman Dorman seconded by Councilman Clements to approve the Ordinance on first reading. Motion carried unanimously. Mayor presented for general discussion the review of perceived need for additional right-of-way for a street joining North Quincy and the 1-27 Service Road. Ken Halbleib spoke to the Council on the need of a street on the North side of Wal-Mart. Dr. Jimmy James, Chairman of the Planning and Zoning Commission explained to the Council that the Commission decided that there was no need for the street at the time of their Meeting. Medlin Carpenter spoke on behalf of the Plainview Industrial Foundation and expressed that he felt that there was a need for a street there. It was moved by Councilwoman Dorman seconded by Councilman Aday for the issue to be given back to the Planning and Zoning Commission for further study and review. Motion carried unanimously. Mayor presented for consideration on final reading Ordinance No. 8?-2?03 entitled, "An Ordinance amending Chapter 12 of the Plainview City Code, fire protection and prevention, providing for the exemption of certain land annexed by the City of Plainview from the provisions of the uniform Fire Code of the City of Plainview concerning the possession and sale of fireworks; setting forth conditions and requirements therefore; providing for termination thereof; and declaring an emergency." It was then moved by Councilman Aday to approve the Ordinance with the grandfather clause of eleven days, seconded by Councilman Dickson. Motion carried for: Councilmembers Jackson, Dickson, James and Aday; against: Councilmembers Brown, Dorman and Clements. Mayor declared the ordinance adopted with four for and three against. 2 of 4 Mayor presented for consideration Ordinance No. 87-2707 approving and adopting the report or statement of the City Engineer of the City of Plainview, Texas of time estimates of the total cost of paving and improvement of a portion of a certain street in the City of Plainview, Texas, to wit: Southwest Third Street from Interstate Highway No. 27 to Columbia Street (Loop 445); Determining the cost of such improvements and the amounts per front foot to be assessed against the abutting property owners; ordering and setting a hearing at 7:30 p.m. on the 23rd day of June 1987, in the City Council Chambers, 901 Broadway, as the time and place for a public hearing of the real and true owners of the property abutting upon said street and concerning said assessments, proceedings and improvements; Directing the City Secretary to give notice of said hearing as required by law; and declaring an emergency. Assistant City Attorney David Blackburn explained the Ordinance. It was then moved by Councilman Aday seconded by Councilman Clements to approve the Ordinance. Motion carried unanimously. Mayor presented the following Consent Calendar for approval: CONSENT CALENDAR a) Hinutes b) Department Reports c) Budget Expenditures d) Consideration on second and final reading Ordinance No. 87-2701, entitled, "An Ordinance amending Chapter 8, aviation, of the Plainview City Code providing for a regulation of aircraft activity within the corporate limits of the City; providing for exceptions; and providing for a penalty and other matters related to this subject." e) Consideration of Resolution No. R87-250 entitled, "A Resolution of the City of Plainview, Texas supporting the efforts of ~marillo, Texas to secure the Federal Government's Super Conducting Super Collider Project for the Panhandle of Texas Region." f) Consideration of Resolution No. R87-25! entitled, "A Resolution of the City Council of the City of Plainview, Texas authorizing the Mayor to execute a warranty agreement with South Plains Pavers, Inc. as it pertains to the Quincy Street Paving Project." g) Consideration of Resolution No. R87-252 entitled, "A Resolution of the City Council of the City of Plainview, Texas accepting the ~986 Audit of the City of Plainview." h) Consideration of Resolution No. R87-253 entitled, "A Resolution of the City Council of the City of Plainview, Texas authorizing the Chief of Police, on behalf of the City of Plainview, to file a grant application for law enforcement assistance from the Criminal Justice Division of the Governor's Office of the State of Texas." 3 of 4 i) Consideration of Resolution No. R87-254 entitled, "A Resolution of the City Council of the City of Plainview, Texas accepting the lowest and best bids and awarding purchase contracts for materials for street seal coating." It was moved by Councilman Clements seconded by Councilman Aday to approve the Consent Calendar as presented. Motion carried unanimously. EXECUTIVE SESSION: Discussion of pending litigation as authorized by Article 6252-17, Section 2(e). (Fair Labor Standards Act) and discussion of personnel as authorized by Article 6252-17, Section l(g) (V.A.T.C.S.) It was moved by Councilwoman Dorman seconded by Councilman Aday to go into Executive Session. Motion carried unanimously. City Council reconvened from Executive Session. It was moved by Councilman Clements seconded by Councilwoman Dorman to adjourn the Meeting. Motion carried unanimously. Meeting adjourned. APPROVED this the 9th day of June, 1987. ATTEST: E.V. RIDLEHUBER, Mayor SHERYL OWEN, City Secretary 4 of 4