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Home My WebLink About00 0208 min MINUTES CITY COUNCIL MEETING City of Plainview February 8, 2000 The Plainview City Council held a meeting at 7:30 p.m., Tuesday February 8, 2000 in the Council Chambers of Plainview City Hall, 901 Broadway, with Mayor Lloyd C. Woods presiding. The Council met in Pre-Session at 7:00 p.m. Councilmembers present were Sam Parker, Precinct 1; Mary Jane Shanes, Precinct 2; Rey Rosas, Precinct 3; Mike Hutcherson, Precinct 4; Ross Owen, Precinct 5; Bobby McGehee, Precinct 6, and Irene Favila, Precinct 7. Staff members present were Jim Jeffers, City Manager; John Castro, Director of Community Services; Wally Hatch, City Attorney; John Berry, Director of Public Works; Norman Huggins, Director of Finance; Gary Glass, Fire Chief; Will Mull, Police Chief; and Karen McBeth, City Secretary. The Plainview Daily Herald was represented by Richard Orr and Wayland Baptist University was present with a tdevision crew. Guests present were; Gilbert Patino, Gregoria Patino, Danny Murphree, Billy and Susan Hardage, Robert Edwards, Glen Foster and Rodolfo Blanco. OPEN MEETING Invocation - The Honorable Bobby McGehee Pledge of Allegiance- Lloyd C. Woods Recognitions. Fire Chief Gary Glass recognized Firefighter Daren Morphis for being promoted to Driver. Chief Glass presented a 20-year employment pin to Glen Foster and one to Rudolfo Blanco. 3. Consent Calendar. Councilmember Irene Favila moved to approve the Consent Calendar. Councilmember Mike Hutcherson seconded the motion.. Mayor Woods and Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen, McGehee and Favila voted "yes" on the motion. No one voted against. a) b) c) d) e) Minutes of January 20, and January 25, 2000 were approved. Departmental Reports were accepted. Expenditures were approved. Excused Absences: Councilmember McGehee for the meeting of February 3, 2000. Appointments to Boards, Commissions and Committees are as follows: Ted Patton and James Crossland were appointment to the 1V[inimum Housing Board. Gene Barton was reappointed to the Plumbing Board. Terry Carter, Bernard Vering, Joyce Patton, Patty Ratliff and Don Smith were appointed to the Building Code Board of Appeals. Tony Villanueva and Gregory Miller were appointed to Agenda 00 0208 Page 1 of 4 the Human Relations Commission. Lynn Davis, Frankie Carter and David Julian were reappointed to the Planning and Zoning Commission. Resolution No. R00-101. A Resolution of the City of Piainview approving the application for funding from the Telecommunication Infrastructure Fund for public health clinics. The resolution was approved. Award of Bids: Asphalt, Rock\Seal Coat, and Highway Roller. Bids for Rock and Seal Coat were received from Thrasher Sand for $19.48 a ton and Capital Material for $26.15 a ton. The bid was awarded to Thrasher Sand for $19.48 a ton, or $66,232.00 for the season. A no-bid was received from R.E. Janes Co. and Western Rock submitted a bid too late to be opened. Bids for the highway roller were received from West Texas Cat for $93,354.83, Bee Equip. Co. Inc. for $86,340.00, and Scott Tractor for $71,389.00. Yellowhouse Equipment submitted a no-bid. The bid was awarded to Scott Tractor for $71,389.00. The asphalt bids came in as follows: Diamond Shamrock submitted a No-Bid, Fina Oil submitted a bid of $0.73 per gallon, and Kerr Construction submitted a No-Bid. The asphalt bid was rejected and will be rebid. REGULAR AGENDA ITEMS Ordinance No. 00-3236. Zone Case 683. An Ordinance amending the zoning map of the City of Plainview, Texas for rezoning of proposed Grandview replat lots A & B from a Single-Family Residential (R-1) zoning district to a Single-Family Attached Residential (SF- A) zoning district, the same being 3609 Grandview Drive, Hale County, Plainview, Texas; Cumulativeness clause; Conflict ~clause; Severability clause; And effective date. Second reading. There was no discussion and no public comment. Mayor Woods moved to adopt Ordinance No. 00-3236 on second reading. Councilmember Rey Rosas seconded the motion. Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen, McGehee, Favila and Mayor Woods voted "yes" on the motion to approve. None voted against. Ordinance No. 00-3237. Condemnation of Private Property. An Ordinance of the City of Plainview authorizing the Condemnation of Private Property to be used for the purpose of a public road; Severability clause; Cumulativeness clause; Conflict clause; ~nd effective date. Second reading. There was no discussion or public comment. Councilmember Ross Owen made the motion to adopt Ordinance No. 00-3237 on second reading. Councilmember Mary Jane Shanes seconded the motion. Councilmembers Parker, Shanes, RoSas, Hutcherson, Owen, McGehee, Favila and Mayor Woods voted "yes" on the motion. None voted against. Ordinance No. 00-3238. Zone Case 684. An Ordinance amending the zoning map of the City of Plainview; Texas for rezoning of Lots lB7, Block 57 (600 block of Utica); Lots 5-6 block 41 (1900 block West 6th St.); Lots 1-2, Block 44 (2000 Block West 6th St.); Lots 7-8, block 41 and Lots 11-4, block 44 (500 block Smyth St.); From a Single-Family Residential (R-l) and Commercial Retail (C-2) zoning district to a College and University (U) zoning Agenda 00 0208 Page 2 of 4 district. All lots are located in the College Hill Addition, Hale County, Plainview, Texas; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. First reading. Director of Community Services John Castro displayed a color map depicting the lots involved. The property is owned by Wayland Baptist University and is around the university. Once it is rezoned it will become a street entrance to the university and become a parking lot. These lots were zoned residential and commercial. The Planning and Zoning Commission recommended approving the zone change. There were five favorable comments from adjacent property owners and two negative comments. Mr. Robert Edwards of 1503 West 24th St., said he fek the entrance to Wayland should stay on Quincy Street because at some time in the future a traffic signal would be needed at the 5th Street intersection. Councilmember Ross Owen moved to adopt Ordinance No. 00-3238. Councilmember Mike Hutcherson seconded the motion. Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen, McGehee, Favila and Mayor Woods voted "yes" on the motion. None voted against. The ordinance was approved for first reading. Ordinance No. 00-3239. Zone Case 685. An Ordinance authorizing the issuance of a Specific Use Permit to operate an Arcade in a Central Business (CBD) zoning district, addressing being 622 Ash St.; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. First reading. Mayor Woods made a motion to table Ordinance No. 00-3239 due to 20% land area protests and the need for additional notice. Councilmember Owen seconded his motion. Councilmembers Parker, Shanes, Hutcherson, Owen, McGehee, Favila and Mayor Woods voted "yes," approving the motion to table. Councilmember Rosas voted against the motion. Ordinance No. 00-3240. An Ordinance of the City of Plainview, Texas amending Chapter 20 of the Plainview Code of Ordinances (Plumbing/Mechanical Code); Cumulativeness clause; Conflicts clause; Severability clause; And effective date. First reading. John Castro, Director of Community Services, told the Council he used the mechanical code handbook to explain to the plumbing board all of the heating/air-conditioning installations that will be covered by the plumbing/mechanical code. The fee for permitting and inspection new construction will be 3¢ per square foot. Repair or replacement installations will have a minimum fee of $20. Mr. Castro explained the new construction fee was higher because generally there was more to inspect. Mr. Robert Edwards, 1503 West 24th St., told the Council he objected to a mechanical code because there were already too many regulations. He said he could not go and buy a heating/air conditioning unit to put in his own home because of regulations already in place. He said the city needs more flexibility in their code enforcement. Mr. Edwards said the city needs to compare its codes and charges with other cities. Councilmember Sam Parker asked if a comparison with other similar sized cities had been done? Mr. Castro said no, but the larger cities of Lubbock and Amarillo have mechanical codes. Councilmember Irene Favila asked how many responses were for and/or against the mechanical code? Mr. Castro said he only received one comment in favor of the code. Mr. Jeffers said he had received two comments opposed to the code. Councilmember Parker asked if a homeowner could work on his own equipment? Mr. Castro said yes. Mr: Parker asked if a maintenance person could do this? Mr. Castro said a bona Agenda 00 0208 Page 3 of 4 fide maintenance person, hired to do maintenance, can do this installation work provided permits are pulled and inspections are done. Councilmember McGehee asked how the mechanical code would help the people of Plainview? Mr. Castro said he could not say exactly. Since the mechanical code will not be retroactive and will only affect.~ those buildings constructed or updated, it would not be a preventive safety factor in houses with problems now. Mayor Woods asked how much an additional code enforcement officer will cost? Mr. Castro said about $46,000 start up, and about $27,000 per year thereafter. Councilmember Rey Rosas made a motion that the mechanical code not be approved and Councilmember McGehee seconded the motion. To avoid confusion, Councilmember Rosas rescinded his negative motion and Councilmember McGehee rescinded his second. Councilmember Rosas then moved to adopt Ordinance No. 00-3240 and Councilmember McGehee seconded that motion. Councilmember Owen voted "yes'~ on the motion. Councilmembers Parker, Shanes, Rosas, Hutcherson, McGehee, Favila and Mayor Woods voted "no." The motion failed. 9. Annual Report of the Streets and Traffic Department. Rick Cox, Street and Traffic Superintendent, gave the report of the streets and traffic department. 10 Closed Session. Consultation with attorney pursuant to {}551.071 of the Texas Open Meetings Act regarding pending or contemplated litigation, specifically; right of way acquisition and condemnation proceedings for FM 3466 road. [TEX. GOVT. CODE ANN_ Code Section 551.072]. A Closed Session was not held. 11. 12. Open Forum. Hear citizen's requests and comments per Open Forum Policy. No one spoke. Adjournment. Mayor Woods moved to adjourn the meeting. Councilmember Owen seconded the motion. Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen, McGehee, Favila and Mayor Woods voted "yes" on the motion. The meeting adjourned at 8:20 p.m. Passed and approved on February 22, 2000. Karen McBeth, City Secretary Agenda 00 0208 Page 4 of 4