HomeMy WebLinkAbout01 1113 minThe Plainview City Council met on November 13, 2001, at 7:00 p.m. in the Council
Chambers of Plainview City Hall, 901 Broadway. The Council met in pre-session at
6:30 p.m. The agenda for this meeting was posted at City Hall at 4:15 p.m. on
November 6, 2001. Mayor Lloyd C. Woods presided. Councilmembers present were:
Sam Parker-District 1, Mary Jane Shanes-District 2, Rey Rosas-District 3, Mike
Hutcherson-District 4, Ross Owen-District 5, and Buddy McGehee-District 6.
Councilmember Irene Favila-District 7 was absent.
Staff present were: James P. Jeffers-City Manager, John Berry-Director of Public
Works, John Castro-Director of Community Development, Gary Glass-Fire Chief, Wally
Hatch-City Attorney, William Mull-Chief of Police, Elizabeth Regner-Assistant City
Manager, Dale Simpson-Director of Civil Service, Matthew Tsakanikas-Main Street
Coordinator, Greg Zielinksi-Code Enforcement Officer, and Belinda Hinojosa-City
Secretary.
News media representative present were:
Richard Orr-Plainview Daily
Guests present were: Lynn Davis, James Adams, Doris Adams, Cliff Jernigan,
Jerry Ulmer, Ikey Halcolmb, Tillman Reagan and Roger Dowdy
Councilmember Rosas delivered the invocation.
The Girl Scouts led in the Pledge of Allegiance.
Councilmember Shanes moved that the Consent Calendar be approved as presented.
The motion, duly seconded by Councilmember Rosas, carried by unanimous vote with
Councilmember Hutcherson abstaining on Item f) - the appointment of Jim Turner to the
Airport Board and Councilmember Rosas abstaining on Item I) - ordinance for court
security. Items approved on the Consent Calendar included: approval of the minutes of
October 23, 2001 and November 8, 2001; receipt of departmental reports; and approval
of expenditures. The Council approved upon second reading Ordinance No. 01-3309,
an Ordinance amending City of Plainview Code of Ordinances Chapter Five, "Animals
and Fowl", relating to leaving animals unattended in vehicle; providing for severability
clause; cumulativeness clause; conflicts clause; and effective date. The Council
approved the appointment of Jim Turner to the Airport Board to replace Lonnie Bradley
who recently passed away. The Council approved the reappointment of Caroline Kopp
and David Isaacson to the Library Board. The Council approved the appointment of
Irene Alfaro to the Community Relations Commission, replacing Kenneth Coates who
recently moved to Abilene. The Council approved upon first reading Ordinance No. 01-
3311, an Ordinance of the City of Plainview amending Ordinance No. 01-3300 to
Appropriate Funds in the General Fund in the 2001-2002 Budget for Court Security;
Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective Date. The
Council approved the reappointment of Councilmember McGehee and Councilmember
Shanes to the Hale County Appraisal District Board of Directors. The Council
approved upon first reading, Ordinance No. 01-3310, an Ordinance of the City of
Plainview amending Ordinance No. 01-3300 to appropriate funds in the General Fund in
the 2001 - 2002 Budget for facade improvement grants in the National Register
District of downtown Plainview; cumulativeness clause; conflicts clause; severability
clause; and effective date. This Ordinance would amend the budget to appropriate
$10,000.00 in the General Fund for fa(;ade improvement grants with the understanding
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November 13, 2001
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that only received donations may be distributed.
Mayor Woods presented information on Ordinance No. 01-3307, an Ordinance of the
City of Plainview, Texas amending Chapters 6, 10 and 20 of the Plainview Code of
Ordinances to provide for registration of contractors and to adopt the most recent
addition of the National Electrical Code, Severability Clause, Cumulativeness Clause;
Conflicts Clause; and Effective Date. This was the second reading of this Ordinance.
Mayor Woods opened the public hearing. Cliff Jernigan of 3604 Grandview, Jerry
Ulmer and Ikey Halcomb of 1001 E. 6th Street all expressed opposition to the
requirement of regiStration. Tillman Reagan, President of Caprock Heating & Air and
Roger Dowdy of Dowdy Plumbing Heating and Air expressed their support of the
Ordinance. Mayor Woods clOsed the public hearing. Councilmember McGehee moved
that Ordinance 01-3307 be passed excluding the registration of contractors and
adopting the National Electrical Code. The motion was duly seconded by
Councilmember Hutcherson. Councilmembers Parker, Shanes, Rosas, Hutcherson and
McGehee voted "for" the ordinance. Mayor Woods and Councilmember Owen voted
"against." The motion carried.
James Adams of 2501 East 5th Street advised the Council he was not interested in
water service. He stated the sewer service stopped 100 feet from his property. He
stated that Article 43.056 of State law requires the city to provide utility services. He
requested the City either provide these services or dis-annex his property.
Mr. Jeffers advised the Council that in Texas home rule cities (cities with a population of
5,000 or more and have adopted a home rule charter) can grant themselves the power
to do unilateral annexations. The annexation pertaining to this property was done
because of the new TDCJ facilities and the subsequent increased traffic. Under the
annexation provision, the City is required to provide:
(1) Fire protection - five fire calls were made to the properties. If the property were
outside the city limits, it would be charged $850.00 by the County.
(2) Park Services - all have access,
(3) Library Services - all have access,
(4) Solid Waste services - provided within 30 days,
(5) Maintenance of roads - roads in area fall on State or are dirt roads,
(6) Water and Sewer service - provided in accordance with City policy, with City
policy requiring property owner to pay for services.
He stated that if the council extended the sewer service to the individuals, the City
would most likely receive other requests for water and sewer with a potential cost to the
City of about $375,000. If the City were to extend sewer service to Mr. Adams and Ms.
Perry the cost would be about $4,000. He explained that there were grants the City
could apply for, but they would take time. Mr. Jeffers stated they had offered the Adams
a financing option. The City would accept a down payment of one-half of the cost with
the owner to finance the remaining one-half with the City for three years. He advised
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the Council that the letter submitted by Adams did not meet the legal requirements for a
dis-anneXation request. Mayor Woods moved that the Council take no action. The
motion duly seconded, by Councilmember Rosas carried by unanimous vote.
Mr. John Berry presented a report on the infrastructure improvements.
Councilmember Owen made the motion to adjourn. The motion was duly seconded by
Councilmember Hutcherson and carried by unanimous vote. There being no further
business Mayor Woods adjourned the meeting at 8:40 p.m.
Belinda Hinojosa
City Secretary
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