HomeMy WebLinkAbout02 0326 minThe Plainview City Council met on March 26, 2002, 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 11:00 a.m. on March
19, 2002. Mayor Lloyd C. WOods presided. Councilmembers present were: Sam
Parker-District 1, Mary Jane Shanes-District 2, Rey Rosas-District 3, Mike Hutcherson-
Distdct 4, Ross Owen-District 5, Buddy McGehee-District 6 and Irene Favila-District 7.
Staff present were: James P. Jeffers-City Manager, John Berry-Director of Public
Works, John Castro-Director of Community Development, Gary Glass-Fire Chief,
William Mull-Chief of Police, Dale Simpson-Director of Civil Service, Wally Hatch-City
Attorney, Elizabeth Regner-Assistant City Manager, Matthew Tsakanikas-Main Street
Coordinator, Rusty Reese-Parks Superintendent and Belinda Hinojosa-City Secretary.
News media representative present were:
Richard Orr-Plainview Daily Herald
Guests present were: Belinda Pena, John Bertsch, Lou Balenton, Margie
Thompson, Eddie Hart, Ruby Hart, Wayne Lemons, Angie Lee Goss, Arvillia Heads, Mr.
& Mrs. Frank Storey, Terry Teeter, Katherine Poarch, Bn. Sister Timothy Sansom,
Pauline Owens, L. C. Owens, Colquitt Nash, Charles Phillips, Berlene Green, Ardie Mae
Evans, Bessie Goodson, Norman Woods, Nina Morris, Shirley Igo, Rushia Cook,
Charlie Cook, Nida Peck and John O. Peck
The Girl Scouts led in the Pledge of Allegiance.
Councilmember Parker moved the Consent Calendar be approved as presented. The
motion, duly seconded by Councilmember Favila, carried by unanimous vote with
Councilmember Hutcherson abstaining from item (h) due to a conflict of interest. Items
approved on the Consent Calendar included: approval of the minutes of March 12,
2002 and March 21, 2002; receipt of departmental reports; and approval of
expenditures. The Council approved the appointment of Doylene Lloyd to the Parks
Advisory Commission to complete the unexpired term of Linda Gayle Walker, with
said term to expire May 2006; appointment of Bob Noblett to the Parks Advisory
Commission to replace Barbara Kiser, with said term to expire November 2005;
appointment of Linda R. Garcia to the Parks Advisory Commission to complete the
unexpired term of Julie Recio, with said term to expire October 2002; and appointment
of Bill Cross as the Joint City/County Appointee to the PlainviewlHale County
Airport Board to complete the unexpired term of Gayle O. Thompson, with said term to
expire January 1, 2004. The Council approved Ordinance No. 02-3322, an Ordinance
of the City of Plainview Exempting Certain Travel Trailers From Ad Valorem Taxation;
Cumulativeness Clause; Conflicts Clause; Severability Clause; And Effective Date upon
first reading. The legislature recently erroneously passed legislation taxing travel
trailers. It did provide however that cities and counties may exempt travel trailers from
taxation. The Council approved upon first reading Ordinance No. 02-3325, an
Ordinance of the City Of Plainview Amending Ordinance No. 01-3300 to Appropriate
Funds in the Utility Fund in the 2001-2002 Budget for Improving the Water System;
Cumulativeness Clause; Conflicts Clause; Severability Clause; And Effective Date. This
ordinance is to correct 'the failure to carry forward the remaining budget balance which
was approved in 1999-2000 system improvement budget for water wells. The Council
approved upon first reading Ordinance No. 02-3326, 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 Computer Equipment, Computer Supplies and
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City of Plainview March 26, 2002 Page I of 5
Software; Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective
Date. The library received a $29,997 TIF grant and used those monies for the purchase
of computers for literacy, the juvenile department, genealogy and staff. It also allowed
the library to upgrade to Windows XP and Office XP. The Council approved upon first
reading Ordinance No. 02-3328, 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 the Purchase of Two Large Reading Couches; Cumulativeness Clause;
Conflicts Clause; Severability Clause; and Effective Date. The library received
$3,646.00 from a Loan Star Libraries Grant and used this money for the purchase of
two kid's large reading couches. The Council approved the appointment of Sidney
Ontai, M.D, to serve on the Plainview/Hale County Health Board. The Council
approved upon first reading Ordinance No. 02-3323, 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 Revitalization of the Donated Train Depot at 12th and
Broadway; Cumulativeness Clause; Conflicts Clause; Severability Clause; And Effective
Date. This ordinance amends the budget to appropriate $21,033.00 in the General
Fund for revitalization of the donated train depot's exterior with the understanding that
$4,000 will be reimbursed to the City from the Texas Downtown Association grant after
the roof is completed. The Council authorized the City Manager to enter into a
contract with the Texas Department of Transportation for the Running Water Draw
Hike Bike Trail Grant.
Mayor Woods presented for second reading Ordinance No. 02-3321, an Ordinance
Amending the Zoning Map of the City Of Plainview By Issuance of a Specific Use Permit
to Operate an Arcade in a General Commercial (C-3) Zoning District Said Parcel of Land
Being Unit 1, Lot 2, Mesa Verde Addition, the Same Being 1001 N I 27 Suite 70;
Cumulativeness Clause; Conflicts Clause; Severability Clause; And Effective Date. This
ordinance allows Cinemark USA to operate more than five video arcade machines at the
Cinema 6. Councilmember Shanes moved Ordinance No. 02,3321 be approved upon
second reading. The motion duly seconded by Councilmember Hutcherson, carried by
unanimous vote.
Mr. John Castro, Director of Community Services presented for first reading Ordinance
No. 02-3327, an Ordinance Amending the Zoning Map of the City of Plainview By
Issuance of a Specific Use Permit to Operate a Church in a Single Family Residential (R-
2) Zoning District Said Parcel of Land Being Lots 19-20, Block 12, and Lot 1, Block 11,
Wye Addition #4, the Same Being 1700 N Ash Street; Cumulativeness Clause; Conflicts
Clause; Severability Clause; And Effective Date. He advised that Mr. Hart and Mr.
Lemons from Ash-Carver Church of Christ have requested a specific use permit to allow a
church in a single-family residential district. The Church currently owns three lots and is in
the process of remodeling the Church. They would like to use the third lot for parking. Mr.
Castro stated two responses were received in favor and two were received against. He
stated the Planning & Zoning Commission recommended approval.
Mayor Woods opened the public hearing. Wayne A. Lemons, minister of the Church of
Christ and Eddie Hart spoke in favor of the specific use permit. They both stated the
Church had been in the neighborhood a number of years and wanted to improve the
community and clean up the area.
Councilmember Favila moved the City adopt Ordinance No. 02-3327 upon first reading.
The motion duly seconded by Councilmember McGehee carried by unanimous vote.
City of Plainview March 26, 2002 Page 2 of $
Phyllis Wall of 3303 Grandview advised the Council it was the Parks Advisory Board's
recommendation that playground equipment similar to the one in 7th Street Park be
placed at both Broadway Park and Givens Park. The estimated cost for this equipment
would be $15,705.41 for the Broadway Park fixture and $14,771.75 for the Givens Park
fixture. Bids would be obtained for such. She stated the equipment is designed for use by
five to twelve year olds. Any amounts left over from the $32,000.00 budgeted amount
would be used to purchase amenities for two to five year olds. Councilmember McGehee
moved to accept the recommendation of the Parks Advisory Board. The motion duly
seconded by Councilmember Rosas, carded by unanimous vote.
Mayor Woods stated Dr. Wallace Davis had requested a portion of Smythe Street,
between 5th and 6th Streets, be renamed the Harry and Annette Igo Boulevard. Wayland
Baptist University would like to honor Mr. Igo, the major benefactor of the new university
entrance. Mayor Woods moved Ordinance No. 02-3324, an Ordinance of the City Of
Plainview, Texas Providing For Changing the Name of a Portion of Smythe Street to the
Harry and Annette Igo Boulevard; Cumulativeness Clause; Conflicts Clause;
Severability Clause; And Effective Date be approved upon first reading. The motion
duly seconded by Councilmember Hutcherson, carried by unanimous vote.
Mr. Jim Jeffers, City Manager presented an Ordinance of the City of Plainview
amending Ordinance No. 01-3300 to Appropriate Funds in the 2001-2002 Budget for
operation of the Fair Theatre; Cumulativeness Clause; Conflicts Clause; Severability
Clause; and Effective Date for first reading.
Councilmember MCGehee moved the matter be tabled until the next meeting after the
matter is discussed at a work session. Councilmember Rosas seconded the motion.
The motion failed with Councilmembers McGehee and Rosas voting '~for" and Mayor
Woods, Councilmembers Parker, Shanes, Hutcherson, Owen and Favila voting
"against."
Mr. Jeffers advised the Council the City had invested in excess of $75,000 in the Fair
Theatre via the Hotel/Motel Tax. The Fair has been operated by a volunteer board and
was to have received no additional city monies. Such has not been successful and the
Fair is in debt in excess of $30,000. He stated the City needs to be involved because it
has the resources to fund such a facility with the hopes that in the future the Fair
eventually would be self-supporting. He stated ad valorem tax money would not be
used for the operation of the Fair.
Assistant City Manager Elizabeth Regner advised the Council the City had invested
$75,000.00 of Hotel/Motel Tax in the Fair, $35,000 for the purchase, $25,000 for
reconstruction and $15,000 for administration. The Fair was used 16 times in 2001. Of
those times, six of the performances produced revenue with 1,430 people attending
those performances. Ten performances produced no revenue and had 4,105 people
attending. The Fair is currently in debt $3,441.73 for accounts payable, $9,298.96 note
payable to Transamerican Bank for a piano, $3,415.62 note payable to State National
Bank, and $15,509.36 note payable to P&E Leasing, David Wilder's company, with total
debt being $31,665.67.
She presented the following six-month proposed budget:
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March 26, 2002 Page 3 of 5
Fair Theatre
Year 2002 Budget
6 Months
Ending
9/30/02
Income
City of Plainview - Hotel/Motel Tax. 45,000.00
City of Plainview - Loan General Fund 16,000.00
Texas Commission on the Arts 3,000.00
Concession Sales 2,500.00
Fundraiser 3,000.00
Ticket Sales 23,000.00
Theatre Rental 500.00
Plainview Chamber of Commeme-Contribution 35,000.00
Total Income 131,000.00
Expense
Management 27.000.00
Outstanding Payables 32,000.00
Production Cost - Monthly Shows 3,500.00
Postage 1,000.00
Utilities 16,500.00
Insurance. Liability 1,000.00
Janitor 2,500.00
Printing 1,000.00
Credit Card 1,000.00
Technician 3,000.00
Advertising & Promotion 10,500.00
Supplies/Repairs/Miscellaneous 7,000.00
Summer Show 25,000.00
Total Expense 131,000.00
Net Change
Mrs. Regner advised she had raised $8,500.00 in donations for the Fair. She had
received $5,000.00 from Charles Baughman of Wells Fargo as corporate sponsor for
the Fair. She stated in the future the City could possibly eventually operate its own
amphitheatre.
There was no public comment.
Councilmember Owen questioned as to what would be the means to collateralize the
loan. Mr. Jeffers stated since the City owned the building such would not be necessary.
Councilmember McGehee questioned if the BY-Laws and Articles of Incorporation of the
Fair Theatre Board had been reviewed. Mrs. Regner stated the lease between the City
and the Board had been violated because of the Board's acquisition of loans, which
may result in liens being filed against the Fair Theatre. Councilmember McGehee
stated the Fair Board was a board made up of the most capable and motivated people
of the community. He said, "If these people couldn't make it work, what makes the City
think it could make it work?" Mr. Jeffers stated the City has the financial resources
which will allow the City to hire a professional consultant and/or afull-time person.
City of Plainview
March 26, 2002 Page 4 of 5
Councilmember McGehee moved the matter be tabled since the City was not aware of
the legal ramifications. Mr. Jeffers stated the Board would no longer be associated with
the Fair so such legal issues did not exist.
Councilmember Rosas seconded the motion to table the matter. The motion failed with
Councilmembers McGehee and Rosas voting "for" and Mayor Woods, Councilmembers
Parker, Shanes, Hutcherson, Owen and Favila voting "against."
Mayor Woods expressed concern as to whether the City would honor the seating
arrangements. Mrs. Regner stated such was due to expire soon.
Councilmember Rosas expressed concern with the using of City property tax money.
He stated he would like it if the Chamber would agree to provide more money.
Councilmember Owen stated there was minimal risk and felt the City should at least
give it six months. Councilmember Owen moved that the City approve the Ordinance
upon first reading. The motion duly seconded by Councilmember Hutcherson carried
with a vote of seven "for" and one "against" with Councilmember McGehee voting
against.
Fire Chief Gary Glass presented the annual report for the Fire Department. He
stated there were a total of 3,096 runs in 2001 with runs increasing from 2,766 in 2000.
Mayor Woods stated the fire department does a good job and cited the department for
recently saving the life of Luther Bain.
Councilmember Owen moved the meeting be adjoumed. The motion duly seconded by
Councilmember Hutcherson carded by unanimous vote.
The meeting was adjourned at 8:06 p.m.
Belinda Hinojosa -~
City Secretary
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