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HomeMy WebLinkAbout09 0224 min278 The Plainview City Council met on February 24, 2009 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 4:00 p.m. on February 20, 2009. Mayor John C. Anderson presided. Councilmembers present were: Kelvin Tipton-District 1, Cathy Waggoner- District 2, Belinda Pena-District 3, Ron Trusler-District 5, Wendell Dunlap-District 6 and Roland Nash-District 7. Councilmember John N. Bertsch-District 4 was absent. Staff members present were: Greg Ingham-City Manager, Mike Gilliland-Director of Public Works, Leslie Pearce-City Attorney, Will Mull-Police Chief, Dale Simpson- Director of Civil Service, Rusty Powers-Fire Chief, Delwin Derrick-Code Enforcement Officer, Eric Turner-Main Street Coordinator and Belinda Hinojosa-City Secretary. News Media Representative: Tommy Young-Plainview Daily Herald Mayor John C. Anderson delivered the invocation and led in the Pledge of Allegiance. Councilmember Trusler moved to adopt the consent calendar. The motion was duly seconded by Councilmember Dunlap and carried by unanimous vote. Items approved on the consent calendar included the approval of the minutes of February 10, 2009 and February 19, 2009; the granting of an excused absence to Councilmember Belinda Pena; and the Financial Report. Dr. Greg Clary, an Economist with the Texas Agri Life Extension Service, also the Chairman of the Texas Center for Rural Entrepreneurship which is a state wide alliance of everybody that does economic development and does entrepreneurship presented an overview of the Plainview Entrepreneurial Guide Alliance Program (PEGA). Greg Ingham, City Manager presented for consideration on second reading Ordinance No. 09-3511, an Ordinance Authorizing the Transfer of Lot 3, Block 1, Country Club Addition, An Addition to the City of Plainview, Hale County, Texas to Plainview Habitat For Humanity, Incorporated, in Accordance With Section 253.011 and Section 272.001 of the Texas Local Government Code; and Authorizing the Mayor to Execute All Documents Necessary to Transfer Ownership; the Transfer of This Property is Not Subject to the Notice, Bidding, and Obtaining Fair Market Value Requirements of State Law. The council is considering an ordinance authorizing the transfer of property located at 2204 Norma to the Plainview Habitat for Humanity. They will in turn use this property to provide single family housing to a low income household and put the property back on the tax rolls. Habitat for Humanity made an offer to the taxing entities for this property and all taxing entities involved have had to agree to this. Hale County, Plainview Independent School District and the High Plains Underground Water Conservation District have all consented to the conveyance of this property to the Plainview Habitat for Humanity and it is now before the Council for your consideration to make this transfer to Habitat for Humanity. Mayor Anderson asked for public comment. Bill Coleman, past president of Habitat for Humanity stated he had been contacted by County Judge Dwain Dodson in 2008 and Judge Dodson stated the City had a house City Council Minutes February 24, 2009 Page 1 of 6 that had been seized for taxes and that he had been working on a plan whereby that 279 property could be given to Habitat if Habitat would agree to rehab and place a family in it. The chairman of the construction committee estimated it would cost around $20,000 to rehab the property. Such was presented to the Board of Directors and they authorized him to find out what needs to be done to acquire the property. He was advised by City Attorney Leslie Pearce and Attorney Rudd Owen that they would not give the property to anyone, however, the City can deed the property to anyone wiling to pay taxes, penalties, interest and attorney fees that had accrued. If an offer was tendered in less than that amount, each taxing entity would have to approve such an offer. Records in the office of the Hale County Appraisal District indicate there is $3,377.57 in taxes owed, $2,870.00 in penalties and interest, $786.01 in attorney fees and $2,022.00 in court costs for a total $9,055.58. Such was presented to the Habitat Board of Directors at a meeting on November 17, 2008 to consider whether to pay full price. To pay full price and put money into rehab of the house would take about $30,000 to do both. The board voted to tender an offer of $4,500 for this property and hope if we were to obtain the property, they could raise the funds to properly rehab this house at a later date. He stated if funds can be raised, it could be two or three years to complete renovations. He understands that all entities are anxious to get this property on the tax rolls since no taxes have been paid since 1997. He told the Council that if they agree to accept the offer tendered by Habitat, he cannot guarantee a date when they will have a family in the property and paying taxes. They are all volunteers operating with limited funds. He did say however, that they will agree to begin paying taxes on that property now. They will also visit with the Appraisal District to get the $49,000 appraised value down some. He stated the Board would understand if the Council decided to sell this property by public auction. There was no other public comment. Councilmember Dunlap moved to approve Ordinance No. 09-3511 on second reading. The motion was duly seconded by Councilmember Truster. Mayor Anderson asked for Council comment. Councilmember Dunlap asked for an explanation that the Habitat program is not in the rental business and that this will be sold to an individual and they will be a homeowner. Mr. Coleman stated that the individuals put in 400 hours in sweat equity and the cost is financed at no interest rate to the people. They make a monthly payment to Habitat on a 20 year note. When this is done they own the house. Habitat is not allowed to have rental property or income producing property. They have four families selected right now. Councilmember Tipton asked to go on record regarding why the property has been vacant so long. He advised that it had been vacant so long because of IRS liens which had been dropped one year ago. City Council Minutes February 24, 2009 Page 2 of 6 280 Mayor Anderson asked for a vote on the matter. Mayor Anderson, Councilmember Tipton, Waggoner, Truster, Dunlap and Nash voted "for" the motion. Councilmember Bertsch voted "against" the motion. The motion carried. Chief William Mull presented the Racial Profiling Report. Councilmember Tipton moved to accept the Report. The motion was duly seconded by Councilmember Waggoner and carried by unanimous vote. Mike Gilliland, Director of Public works presented for consideration and to take necessary action regarding Re-plat of part of Block 43 Lakeside Addition to Daffern Subdivision Lot 1, City of Plainview, Hale County, Texas. This re-plat will allow the construction of a Medical Clinic Facility. The street address for the 4.26 acre tract shall be 1806 Quincy Street. Mr. Gilliland stated this was presented to the Planning and Zoning Commission on February 12th in preliminary form. Mark and Robin McClanahan are interested in replatting this property. Before going to the Planning and Zoning Commission, notification was given to individuals within 500 feet around the property. Ten responses were received in favor and one questioned why we were asking if they were already under construction. On the South lot line there is a 20 feet utility easement and right about the middle of the south line there is another 20 feet easement. They agreed to get these easements for public use. They will be served with domestic water and domestic sewer at these locations. They following is needed: 1. Certificate of Approval for Mayor and City Secretary's signatures; 2. legal documents; 3. tax certificate; 4. dedication deed for real property and public easements; and 5. Letter of Credit which will justify the public improvements for the property. He talked to Planning and Zoning Commission about these items. They opened a public hearing and had two people present to speak. One owns a business and one owns a residence on Quincy directly across the street. They were concerned with a drainage easement that this property is encumbered with on their north boundary. The drainage easement apparently needs to be maintained frequently for the drainage to work and not up across Quincy and enter into their business. Neither party was against the project. Two physicians a part of this clinic stated they are working on improvements to that drainage easement. The Planning and Zoning Commission voted to go forward to the Council with the conditions that they proceed with their legal documentation. To date we have received the Certificate of Approval on the plat and it is in the form to be signed by the Mayor and the City Secretary. We have received the filing fee. The dedication deeds are coming, but they have not been reviewed. The letter of credit has been received and the City Attorney needs to look it over and make sure it is what she needs. We have not received the tax certificate and the dedication on the easements. The City Attorney stated we did not have the easement. Mr. Gilliland stated the easement would be given by the McClanahan's. City Council Minutes February 24, 2009 Page 3 of 6 281 Mayor Anderson asked if we would be approving this replat provided all of those conditions are met as outlined by the two of you. He was advised that was correct. Councilmember Dunlap moved to open the public hearing. The motion was duly seconded by Councilmember Tipton. The motion carried unanimously. There was no comment from the public. Councilmember Bertsch moved to close the public hearing. The motion was duly seconded by Councilmember Tipton and carried by unanimous vote. The public hearing was closed at 7:44 p.m. Councilmember Tipton moved to approve this replat on the conditions as outlined in the presentation. The motion was duly seconded by Councilmember Bertsch. Councilmember Bertsch asked what the property was zoned. He was advised by Mr. Gilliland that the property is zoned C-3. Councilmember Bertsch expressed concern about the drainage. He was advised by Mr. Gilliland that when the lot is finished, drainage will be to the east back towards the railroad tracks. Councilmember Truster asked why construction has started. Mr. Gilliland stated the general contractor got a little bit ahead of the game and they have been working together since. Mayor Anderson asked for a vote on the matter. The motion carried unanimously. Mr. Delwin Derrick, Chief Building Official presented for consideration Ordinance No. 09-3512 on first reading, an Ordinance of the City of Plainview Amending the Plainview Code of Ordinances to Create Article XXVIII of Chapter 20, Plumbing, in Order to Establish the Minimum Standards for Installation of Irrigation Systems Within the Corporate Limits of the City And the Extraterritorial Jurisdiction; Providing for a Criminal Penalty, Class C Misdemeanor Not to Exceed Two Thousand Dollars ($2,000.00) for Violation of the Code, Per State Law; Amending Chapter 20, Article X, Permits, Fees, and Inspections, Section 20-99; Amending Chapter 20, Article XII, Conformance With Code, Section 20-131; Chapter 20, Article XII, Add the Following Exception, Section 603.3.2; Severance Clause; Providing for a Continuation for Current Law; Repealer; Cumulativeness Clause; Conflicts Clause; Penalty; Providing for Publication and Effective Date. Mr. Derrick presented an overview of the landscape irrigation ordinance. He stated any person who connects an irrigation system to the water supply within the City or the City's extraterritorial jurisdiction (ETJ) must hold a valid license. These individuals can be licensed irrigators or licensed plumbers or the homeowner can perform the work themselves if it is their primary residence. All irrigators or irrigation technicians must hold a valid state license, register with the City, pay an annual City registration fee of $30.00 and provide either a surety bond in the amount of $10,000 or general liability insurance in the amount of $300,000.00. He did state that TCEQ did not require this for irrigators however he feels this would be in the citizens best interest to require insurance for them also. City Council Minutes February 24, 2009 Page 4 of 6 282 An irrigator shall prepare an irrigation plan for each site where a new irrigation system will be installed. All irrigation plans used for construction must be drawn to scale. The plan must include, at a minimum, the following information: • The irrigator's seal, signature, and date of signing; • All major physical features and the boundaries of the areas to be watered; • A north arrow; • A legend; • The zone flow measurement for each zone; • Location and type of each; • Controller and sensor (for example, but not limited to rain, moisture, wind, flow, or freeze); • Location, type and size of each; • Water source, such as, but not limited to a water meter and point(s) of connection; • Backflow prevention device; • Water emission device, including, but not limited to, spray heads, rotary sprinkler heads, quick-couples, bubbles, drip ormicro-sprays; • Valve, including but not limited to, zone valves, master valves, and isolation valves; • Pressure regulation component; and • Main line and lateral piping; • The scale used; and • The design pressure. The irrigation systems shall not spray water over surfaces made of concrete, asphalt, brick, wood, stones set with mortar, or any other impervious material, such as, but not limited to walls, fences, sidewalks, streets, etc. Any commercial, industrial, multi-family, or residential customer class irrigation system installed within the City on or after January 1, 2009 must be equipped with rain and freeze sensors. Repairs to existing automatic irrigation systems that require replacement of an existing controller must include a rain and freeze sensor designed to inhibit or interrupt operation of the irrigation system during periods of freezing temperatures and rainfall. At inspection, it is determined that the irrigation system complies with the requirements of this Chapter. A customer service inspection will be performed to insure that cross connections do not exist on the property, which includes the inside and outside hydrants and faucets. At inspection it is also determined that the appropriate backflow prevention device was installed, tested, and test results provided to the City; Mayor Anderson asked for public comment. There was no public comment. Councilmember Nash moved to approve Ordinance No. 09-3512 on first reading. The motion was duly seconded by Councilmember Dunlap. Mayor Anderson asked for Council comment. City Council Minutes February 24, 2009 Page 5 of 6 Councilmember Trusler asked about costs to homeowners. Mr. Derrick stated that he 283 didn't know and stated it depends on the homeowners. Mr. Ingham stated that at the last session of the Texas Legislature the state passed this bill for cities with population over 20,000. This has been mandated by the State Legislature. Mayor Anderson asked what if we don't approve this. He was advised by the City Attorney that we would not be in compliance with TCEQ and could be penalized. Mayor Anderson asked for a vote on the matter. Mayor Anderson, Councilmembers Waggoner, Dunlap and Nash voted "for" the motion. Councilmember Tipton, Bertsch and Trusler voted "against" the motion. The motion carried. Mayor Anderson moved to go into Closed Meeting to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, or to hear a complaint or charge against an officer or employee. [Tex. Gov't. Code Section 551.074]. City Manager Evaluation. The motion was duly seconded by Councilmember Dunlap and carried by unanimous vote. Mayor Anderson recessed the meeting at 8:14 p.m. Mayor Anderson called the meeting back in open session at 9:10 p.m. Mayor Anderson moved to extend the current contract with the City Manager for two years on the same basis of employment at time of hiring with no salary adjustment at his request. The motion was duly seconded by Councilmember Trusler and carried by unanimous vote. There being no further business, Mayor Anderson adjourned the meeting at 9:12 p.m. ~~ ~ . Belinda Hinojosa City Secretary City Council Minutes February 24, 2009 Page 6 of 6