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Home My WebLink About06 0328 minThe Plainview City Council met on March 28, 2006 at 7:00 p.m. in the City Council Chambers of the Plainview City Hall at 901 Broadway. The agenda for this meeting was posted in City Hall at 2:30 p.m. on March 24, 2006. Mayor John C. Anderson presided. Councilmembers present were: Belinda Pena-District 3, John N. Bertsch- District 4, Ron Trusler-District 5, Wendell Dunlap-District 6 and Roland Nash-District 7. Councilmembers Kelvin Tipton-District 1 and Mary Jane Shanes-District 2 were absent. Staff members present were: Greg Ingham-City Manager, John Castro-Director of COmmunity Services. Leslie Pearce-City Attorney, Date Simpson-Director of Civil Service, Gary Glass-Fire Chief, Will Mull-Police Chief, Brice Clements-Engineer, Jack Keller-Budget Manager and Belinda Hinojosa-City Secretary. Guests present: Juan Ortiz, Jr., Cathy Waggoner and Leah Quisenberry N C M C S( el M C B A L( ~ws Media Representative: Richard Orr-Plainview Daily Herald 3uncilmember Roland Nash delivered the invocation. ayor John C. Anderson led in the Pledge of Alle!;liance. )uncilmember Bertsch moved to adopt the consent calendar. The motion was duly ~conded by Councilmember Trusler and carried by unammous vote. Items approved ~ the consent calendar included approval of thE: minutes of March 14, 2006 and arch 23, 2006; granting of excused absences to Councilmember Kelvin Tipton and )uncilmember Mary Jane Shanes; and approval of the financial reports. 'ice Clements, Engineer presented for consideration the Replat of Mesa Verde ~dition, Unit No. 5, an Addition to the City of Plainview, Texas being a Replat of all of ~t 28, Mesa Verde Addition, Unit No. 5, in Section ;_)7, Block JK-2, G.C. & S.F. Survey, H ~le County, Texas. The owner and applicant is Another Attic. It is a replat of an e:~isting plat located West of 1-27, south of 13th Street and West of Kermit. The owner [s replatting to subdivide into Lot 28A and Lot 28B. The streets around property are paved and there are city utilities along side. There is an existing sewer on Kermit Street. There are no connection fees and all submittals have been received. There [s one outstanding issue and that is an easement is req uired along the south side of Lot 28A wl~ich would allow Lot 28B to be serviced by City sewer. / Councilmember Trusler moved to open the public hearing. The motion was duly selconded by Councilmember Pena and carried by unanimous vote. There was no plblic comment. . C6uncilmember Nash moved to close the public hearing. The motion was duly s~conded by Councilmember Bertsch and carried by unammous vote. The public h~iadng was closed at 7:14 p.m. / Councilmember Bertsch moved to approve the replat as proposed. The motion was dully seconded by Councilmember Dunlap. Brice Clement, Engineer stated that since we have an outstanding issue, he recommends such item be tabled until April 6th meeting. 4 7,7 March 28, 2006 Page 1 o~4 478 Councilmember Trusler moved to table the Replat of Mesa Verde Addition, Unit No. 5, an Addition to the City of Plainview, Texas being a replat of all of Lot 28, Mesa Verde Addition, Unit No. 5, in Section 27, Block JK-2, G.C. & S.F. Survey, Hale County, Texas until April 6, 2006 meeting. The motion was duly seconded by Councilmember Dunlap and carried by unanimous vote. Belinda Hinojosa, City Secretary presented for consideration Resolution R06-159, a Resolution Canceling the May 13, 2006 Regular Election for Councilmembers for Districts 1, 2, 3 and 4 and declaring each unopposed candidate elected to office. She advised that the Council previously ordered an election for Districts 1,2, 3 and 4. As of the end of the filing period, each contestant was unopposed for election to office. Section 2.053(a) of the Election Code authorizes a governing body to declare each unopposed candidate elected to office and cancel the election; however they cannot take office until after the regularly scheduled election date of May 13% The following were declared elected to office: Kelvin Tipton, City Councilmember District 1 Cathy Waggoner, City Councilmember District 2 Belinda Pena, City Councilmember District 3 John N. Bertsch, City Councilmember District 4 She further advised that a copy of this Resolution would be posted at each polling place to advise the citizens that such election had been cancelled. There was no public comment. Councilmember Dunlap moved to approve Resolution R06-159: The motion was duly seconded by Councilmember Nash and carried by unanimous vote. John Castro. Director of Community Services presented for consideration upon first reading Ordinance No. 06-3461, an Ordinance amending Chapter 8, of the City of Plainview Zoning Ordinance to add a subsection adopting regulations for single family and duplex industrialized housing, City of Plainview, Hale County, Texas, cumulativeness clause: conflicts clause; severability clause; and effective date. He stated City staff had some inquiries about industrialized housing several months ago and started looking at how the City of Plainwew addressed industrial housing. Industrialized housing is only defined in the zoning ordinance as a single family or multi-family housing. They can be located anywhere else new construction can be located. Industrialized housing according to the state is built to certain codes. Currently, there are the uniform building code, the uniform plumbing code, the uniform mechanical code, the standard building code, the standard mechanical code and the standard plumbing code. Everything is now under the international codes, which the Council adopted back in 2003. Industrialized housing is built to the codes that were in effect in January 1985 which was stick construction or what we call new construction. City Council Minutes March 28, 2006 Page 2 of 4 He stated [he main difference between manufactured and industrialized housing is the type of materials that are used and how they are constructed. On industrialized housing therE; is a tag on the inside that states that it is built according to building codes in effect Ja,nuary 1, 1985. On manufactured homes they have a piece of paper that states they werE; manufactured according to the Housing and Urban Development Manufactured Horne Code, which is totally different from the standard building codes and the uniform building codes. Senate Bi] 1326 allows cities to regulate where industrialized housing is situated to make thorn more compatible with the neighborhood in order to maintain property values and to a,, sure citizens that their house will maintain its value. It allows cities to make sure the w lue of the structure is compatible with the surrounding structures within 500 feet, make s~ re the siding, roofing, pitch, brick etc. comply, and that they comply with setback re ;luirements, height requirements etc. They are also required to be securely f'~ed to a pErmanent foundation Ci[y staff presented to the Planning & Zoning Commission an ordinance that dictated e) actly what someone wanting to site an industrialized house in the City of Plainview would have to go through. They would have to go through an application process. They wou d need to go out to the site where they going to ~aut in the house and survey through ih ~ appraisal district within 500 feet and present a document that says once this structure is put on the ground [he value of this structure will be equal to or exceed all the properties w~ lhin 500 feet of this location. The City staff would look at the siding; if all houses in the nE ighborhood are brick then this structure would have to be brick. The house would have Lo conform as much as it could to the existing neighborhood. The foundation would be in )ected to insure footing was in compliance with the footing that we have on new c( nstruction or any type of construction brought into the City. Once the application was c( mplete, then the application would be taken to the Planning and Zoning Commission. TI community services department would notify ew;ryone within 500 feet that they had [he option to speak for or against the application. The Planning & Zoning Commission would make a recommendation to the City Council who would vote on the matter one time. TI ~e Planning & Zoning Commission has reviewed this ordinance and recommends ~roval. ere was no public comment. )uncilmember Nash moved to approve Ordinance No. 06-3461 upon first reading. The )fi,on was duly seconded by Councilmember Pena. Ceuncilmember Ber£sch stated it should be clarified that industrialized homes are e~ceedingly good homes and many times the qualiities supersedes some of the track h( Ci h( he ,using going up. Ly Manager Greg Ingham stated that the City's concern of the homes is not quality of ,using, but that these houses can be set in any zone. This ordinance encourages "like ,mes" to assure citizens investments will still be there. Tl~e Council proceeded to vote on the motion. The motion carried unanimously. 479 CitI Council Minutes March 28, 2006 Page 3 of 4 48O Gary Glass, Fire Chief presented for consideration the Fire Fighter Grant Application to Pumhase a 75' Quint Aerial Truck for a total cost of $565,000 with a 90/10 split. The City has an opportunity to apply for a federal grant for the purchase of a 75' Quint Aerial Truck at a total cost of $565,000. If the City were awarded the grant the City would be responsible for $56,500 and Federal Grant Funds would cover the remaining. There was no public comment. Councilmember Bertsch moved to approve the fire fighter grant application to purchase truck at total cost of $565,000 with City's portion being $56,500 and grant amount of $508,500. The motion was duly seconded by Councilmember Pena and carried by unanimous vote. Greg Ingham introduced George Meriwether, CPA to provide the Comprehensive Annual Financial Report. Mr. Meriwether stated the City is in very good financial condition and has good records and control. There was no public comment. Mayor Anderson thanked Mr. Meriwether and his staff for the great job they did and on behalf of the Council commended staff for the fiscal operation of the City. Mayor Anderson moved to accept the Comprehensive Annual Financial Report for the period ending September 30, 2005. The motion was duly seconded by Councilmember Dunlap and carried by unanimous vote. Mayor Anderson moved to go into Closed Session for Consultation with attorney regarding pending or contemplated litigation, specifically regarding the Cox Communications transfer to Cebridge Connections authorized by the Tex. Govt. Code Ann., Section 551.071 (Vemon's 1994) The motion was duly seconded by Councilmember Pena and carried by unanimous vote. The meeting was recessed at 8:14 p.m. The Council reconvened in open session at 8:52 p.m. rS~aing no further busin~ess, Mayor Anderson adjourned the meeting at 8:53 p.m, City Council Minutes March 28, 2006 Page 4 of 4