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HomeMy WebLinkAbout07 1113 minThe Plainview City Council met on November 13, 2007 at 7:00 p.m. in the City Council ~ 41 Chambers of the Plainview City Hall at 901 Broadway. The agenda for this meeting was posted in City Hall at 10:30 a.m. on November 9, 2007. Mayor John C. Anderson presided. Councilmembers present were: Kelvin Tipton-District 1, Cathy Waggoner- District 2, E3elincta Pena-District 3, John N. Bertsch-District 4, Ron Truster-District 5, Wendell Dunlap-District 6 and Roland Nash-District 7. Staff members present were: Greg Ingham-City Manager, John Berry-Director of Public Works, Johnn Castro-Director of Community Services, Leslie Pearce-City Attorney, Will Mull-Police Chief, Dale Simpson-Director of Civil Service, Eric Turner-Main Street Coordinator, Buster Perry-Interim Landfill Superintendent, Lonnie Burton-Police Captain and Belinda Hinajosa-City Secretary. News Media Representative: Richard Orr-Plainview Daily Herald Guests pre<.~ent: Jeremy Hinojosa, Mike Fox, Misty Alaniz, David Evans, Frankie Nell Watson, Leana Watson, and Estela Ramirez Councilmember Cathy Waggoner delivered the invocation. Councilmember Kelvin Tipton led in the Pledge of Allegiance. Councilmember !Dunlap moved to adopt the consent calendar. The motion was duly seconded by Councilmember Tipton and carried by unanimous vote. Items approved on the consent calendar included approval of the minutes of October 9, 2007. Mike Fox, P'resid'ent of the Plainview/Hale County Industrial Foundation presented their Annual Report. Mayor Anderson presented a check for $25,000 to Mr. Fox and David Evans, Executive Director of the Foundation in payment for services provided for economic development with emphasis on industrial development. Greg Inghann, Ci1:y Manager presented for consideration on first reading Ordinance No. 07-3490, an Ordinance of the City Council of the City of Plainview, Texas extending the existing electric franchise ordinance in favor of Xcel Energy, pending adoption of a new franchise agreement; amending Ordinance No. 82-2493 to provide for an increase in franchise fees payable to the City; providing for severability; providing for repealer; providing for publication and effective date. He stated the City had an opportunity this year to avoid the increasing of property taxes by increasing our franchise fees. As we started the negotiation process with Xcel Energy for our new franchise ordinance, it became apparent that they had drafted their ordinance and we had drafted our ordinance ar~d it will take a little while to work thru though that. They also want to come up with a standard franchise and we are aware that the City of Amarillo is getting ready to update their franchise ordinance. We have worked with the City of Amarillo in the past on some other rate making cases and franchise and other utility areas and we met with the Xcel representatives and discussed the fact that it would be advantageous for us to extencl our current franchise to allow us to work with the City of Amarillo and develop a franchise that would work both for Plainview and the City of Amarillo and possibly give them a standardized franchise that would meet most city needs. In the meantime, the City needs to formally extend our franchise and increase our franchise fees. This Ordinance extends the existing franchise until October 2008 and implements city council Minutes November 13, 2007 Page 1 of 5 142 increasing the franchise fee from 3% to 5%. The increase in franchise fee will take place at the earliest available date which will be either the first of December or the first of January 2008. Mayor Anderson asked for public comment. There was no public comment. Councilmember Ron Trusler moved to approve Ordinance No. 07-3490 upon first reading. The motion was duly seconded by Councilmember Waggoner and carried by unanimous vote. John Castro, Director of Community Services presented for consideration upon first reading Ordinance No. 07-3491, an Ordinance Amending the Zoning Map of the City of Plainview, Texas for Rezoning Lot 5 Blk 2, Allbrick Addition, same being 2912 Dimmitt Road, From aSingle-Family Residential (R-1) Zoning District to a Commercial Retail Business (C-2) Zoning District, City of Plainview, Hale County, Texas; Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective Date. He stated this is the request of G. K. Reddy for rezoning of Lot 5, Block 2. The entire block is zoned commercial except for this property which is zoned R-1 single family residential. Mr. G. K. Reddy bought this lot and owns the majority of the lots in Block 2. One requirement for rezoning to C-2 is that the property be located on a major thoroughfare. This property is located on Hwy 194 and I-27 which are both considered major thoroughfares. The Planning and Zoning Commission looked at this and recommend the Council rezone it. Some paving will be needed to be done to 30tH Street. There were three positive responses and all three came from the adjoining landowner which is Mr. G. K. Reddy. Mayor Anderson asked for public comment Frankie Nell Watson of 3008 Canyon stated she lives in the Albrick Addition and has lived there since 1991. She stated it is a very nice and quiet neighborhood. She is concerned with the extra traffic and concerned with having to pave the road. She asked if this will increase their taxes and will curbing be required because of this? She stated they prefer it stay residential. Mr. Castro responded that Mr. Reddy will have to pave the street and have curb and gutter on everything that is adjacent to the property that he is developing. Ms. Watson will not have to pay for paving. Leona Watson of 3008 Canyon stated she lives with her sister-in-law and brother and has lived in that area for several years. She said it is a nice and quiet neighborhood and she says she hates to see a liquor store come in on her street. She said she did not oppose the liquor but the traffic that would come in. Mayor Anderson asked if these districts fell in where notification is required. He was advised by Mr. Castro that notice was not required for this area. Councilmember Ron Trusler moved to approve Ordinance No. 07-3491 on first reading. The motion was duly seconded by Councilmember Nash. City Council Minutes November 13, 2007 Page 2 of 5 143 Councilmember Pena asked what was the intended use for the property. Mr. Castro stated that Mr. Reddy said it would be some kind of convenience store. He also plans to rezone the additional two lots to the west of that property for a motel in the future. Councilmember Bertsch asked if the streets were paved by the Watson property. He was advised that none of the streets were paved in this Albrick Addition. All utilities are present, but none of the streets have ever been paved. Mr. Bertsch asked if Mr. Reddy's request could be blocked since property is located on major thoroughfare. He was advised no. Mayor Anderson asked for a vote on the matter. The motion carried unanimously. Mr. Castro presented for consideration Ordinance No. 07-3492, an Ordinance Amending the Subdivision Ordinance of the City of Plainview, Texas to allow administrai:ive approval of replats meeting required criteria; cumulative clause; conflicts clause; severability clause; and effective date. He stated this is basically a housekeeping issue. At the last legislative session there was a house bill passed that gave cities authority to approve minor replats. Previously only minor plats could be approved administratively if they involved four or fewer lots. In order to approve this the City needs 1:o change the way our ordinance is worded. The ordinance basically uses the same wording of the subdivision ordinance as it relates to minor plats and inserted and/or replats. In order for a replat to qualify for administrative approval, it has to be four or fewer lots, no extension of utilities and there cannot be any required dedication of right of ways ar alleys. If any of those are not in there, then it will have to go to the Planning and Zoning Commission and then come to the Council for approval. Mayor Anderson asked for public comment. There was no public comment. Councilmember Bertsch moved to approve Ordinance No. 07-3492 on first reading. The motion was duly seconded by Councilmember Pena and carried by unanimous vote. Buster Perry, Interim Landfill Superintendent presented for consideration to award bids for one Motor Truck Cab and Chassis equipped with a 40 cubic yard front-loading refuse packer body. He stated nine bids were received as follows: 1. West Texas Peterbilt - 2008 Peterbilt Model 320 with Bridgeport 40 yd with one year truck and body warranty - $166,453.00; 2. Bruckner Truck Sales/Bridgeport MFG -Mack MRU Terra Pro with Bridgeport 40 yd with onE~ year truck and one year body warranty - $170,845.00; 3. Bruckner Truck Sales/Bridgeport MFG -Mack MRU HN 462 with Bridgeport 40 yd with one year truck and one year body warranty - $171,786.00; 4. West Texas Peterbilt - 2008 Peterbilt Model 320 w/EZ Pack 40 yd with one year truck and body warranty - $172,812.00; 5. West Texas Peterbilt - 2008 Peterbilt w/Pak-Mor with one year truck and body warranty - $174,563.00; 6. Brucknner Truck Sales/EZ Pack -Mack w/EZ Pack Hercules with one year truck and one year body - $179,199.00; 7. West Texas Peterbilt - 2008 Peterbilt w/Neil with 1 year truck and body warranty - $180,615.00; City Council Minutes November 13, 2007 Page 3 of 5 144 g. Bruckner Truck Sales/Pak-Mor -Mack Terra Pro w/Hendrickson Pak-Mor with one year truck and one year body warranty - $180,950.00; and 9. Bruckner Truck Sales/Pak-Mor -Mack w/Heil with one year truck and one year body - $185,885.00. He stated it is his recommendation that we award the bid to the low bidder, West Texas Peterbilt in the amount of $166,453.00. The amounted budgeted for this is $170,000. Mayor Anderson asked for public comment. There was no public comment. Councilmember Nash moved to award the bid to West Texas Peterbilt in the amount of $166,453.00. The motion was duly seconded by Councilmember Trusler and carried by unanimous vote. Mr. Perry presented for consideration the award of bid on one self-loading scraper. He stated there were two total bids received as follows: 1. Warren Cat -CAT 615C Scraper -base price of $402,223.00 and $15,000 for five year power train and hydraulic warranty for a total of $417,223.00 and bid of $120,000 for a trade of 2000 615C Cat Scraper. 2. BEE Equipment did not bid on the new scraper but bid on purchasing the old 2000 615C Cat Scraper in the amount of $146,000. Mr. Perry stated it is his recommendation that we purchase the CAT 615C scraper from Warren CAT in the amount of $417,223.00 and sell the 2000 615C Cat Scraper to BEE Equipment in the amount of $146,000.00. Mayor Anderson asked for public comment. There was no public comment. Councilmember Dunlap moved to accept the bid of Warren Cat in the amount of $417,223.00 for the new scraper and five year power train warranty and to sell to BEE Equipment the old scraper in the amount of $146,000.00. The motion was duly seconded by Councilmember Trusler and carried by unanimous vote. Captain Lonnie Burton with the Police Department presented for consideration and to take necessary action regarding Memorandum of Understanding for the Provision of Citizens Corps Services. This is an update of a current agreement. We have a trailer supplied by the South Plains Association of Governments that is being used by the CERT team and the main part of the agreement states that we will cover insurance on the vehicle. There is also a little bit of updated language in the agreement over the last one we had. Mayor Anderson asked for public comment. There was no public comment. Councilmember Trusler moved to approve the Memorandum of Understanding. The motion was duly seconded by Councilmember Tipton. Mayor Anderson stated that this covers Hale County and 15 other counties in the SPAG region and we are agreeing to keep the trailer here and if needed in any of the 15 City Council Minutes November 13, 2007 Page 4 of 5 counties then that trailer would be put on site wherever it was needed. It will be 145 stationed here and this would cover liability insurance. Mayor Anderson asked for a vote on the matter and carried unanimously. The.t-e beings no f~.arther business, Mayor Anderson adjourned the meeting at 7:57 p.m. A l ~ i / 1 jj~f py jj /// ! Belinda Hinojosa ~ \~ City Secretary 1 1 city council Mfn~utes November 13, 2007 Page 5 of 5