HomeMy WebLinkAbout94 1213 min MINUTES
CITY COUNCIL MEETING
City of Plainview
December 13, 1994
The Plainview City Council met at 7:30 p.m., Tuesday, December 13, 1994 in the Council
Chambers of the Plainview City Hall at 901 Broadway. The Council met in Pre-Session at 7:00
p.m. Mayor Lloyd C. Woods presided. Councilmembers present were: Alton Jackson Sr. -
Precinct 1, Mary Virginia Kirchhoff - Precinct 2, Rey Rosas - Precinct 3, Mike Hutcherson -
Precinct 4, Dwain Dodson - Precinct 6, and Irene Favila - Precinct 7. Councilmember Barbara
Dorman - Precinct 5, was absent.
Staff members present: James P. Jeffers - City Manager, Wally Hatch - City Attorney, Muff
London - Director for Community Development, John Berry - Assistant Director of Public
Works, Carl Holland - Superintendent Support Services, Roy L. Osborne - Chief of Police,
Bruce Watson - Fire Chief, and Karen McBeth - City Secretary.
News media present: Richard Orr - Plainview Daily Herald, Wayland Baptist University.
OPEN MEETING
1. Invocation - Dwain Dodson
2. Recognitions - Jack Thomas was recognized by Councilmember Alton Jackson Sr. for
his participation in World War II.
Roy L. Osborne, Chief of Police, presented Detective Jess Barrera with a ten year service pin.
Bruce Watson, Fire Chief, presented a five year pen to Equipment Operator Philip Mize.
Mayor Pro Tem Dwain Dodson recognized Lloyd C. Woods for his service in World War II.
3. Consent Calendar - Mary Virginia Kirchhoff's motion to approved the Consent Calendar
as presented was seconded by Rey Rosas and passed unanimously among the six councilmembers
present.
a)
b)
c)
Minutes were approved.
Departmental Reports were accepted.
Expenditures ® provided under seperate cover, received and approved.
d) Plat · Preliminary · La Mesa Subdivision Unit No. 3. Approving the
preliminary plat of La Mesa Subdivision, Unit No. 3, City of Plainview, Hale County, Texas.
The Preliminary Plat was approved.
e) Plat · Preliminary · Plainview Manor. Approving the preliminary plat of
Plainview Manor, L.P., City of Plainview, Hale County, Texas. The Preliminary Plat was
e) Plat · Preliminary · Plainview Manor. Approving the preliminary plat of
Plainview Manor, L.P., City of Plainview, Hale County, Texas. The Preliminary Plat was
approved.
Board, Commission and Committee Appointments - No appointments were
g) Bids
1) Wastewater · Fencing for sanitary sewer improvements. One bid, in
the amount of $17,110 was received from Western Fence of Amarillo, Texas. The bid was
below the engineer's estimate of $21,000. It was awarded to Western Fence.
2) Dump Truck · Bids were received from Jack Morris Ford in the
amount of $43,600; South Plains International Trucks, Inc. in the amount of $47,484.45; and
Shamrock Chevrolet in the amount of $39,765.00. The bid was awarded to Shamrock Chevrolet
in the amount of $39,765.
h) Housing · HOME Authorize the Mayor to sign all paperwork associated with
applying for a HOME First Time Home Owner Grant, using Caprock Community Action as the
Grant Administrator. The Mayor was so authorized.
REGULAR AGENDA ITEMS
4. Hotel/Motel Taxation - Second Reading. Ordinance No. 94-3023. An Ordinance of
the City of Plainview, Texas, amending Section 22-21, Quarterly Reports; Payment, of the
Plainview Code of Ordinances to provide for monthly payment of and reporting of Hotel/Motel
taxes; cumulativeness clause; severability clause; conflicts clause; effective date. City Attorney
Wally Hatch gave an overview of the hotel/motel tax reporting system. The Secretary of State
collects hotel/motel tax monthly. The Secretary of State publishes a report showing how much
was paid by each entity on a monthly basis. Ordinance No. 94-3023 allows the City to collect
these revenues on the same time basis as the state. If an entity owes less than $500 it is exempt
from payment that month, but will report and pay on a quarterly basis. He stated his office has
notified all hotel/motel tax payers that they are subject tO audit. Dwain Dodson made the motion
to approve the ordinance, which was seconded by Mary Virginia Kirchhoff. The motion carried
unanimously among the six council members present.
5. Animal Control/Health Department - Second Reading. Ordinance No. 94-3024. An
Ordinance of the City of Plainview, Texas, amending Chapter 5, to change all references to
Director of Police Services to Director of Health Department; severability clause; cumulativeness
clause; conflicts clause; effective date. City Manager Jim Jeffers reviewed Ordinance No.94-
3024 for its second and final reading. He explained the ordinance changes the supervision of
the animal control operations of the city but does not change the operation of city animal control.
Animal control originally came under the control of the Director of Municipal Safety, which at
its inception was Johnny Ballew. Captain Dennis Harkins of the Police Department has
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supervised it for many years and has done an excellent job. The previous Health Department
Director Mary Lou Truesdale had stated that it should be under health department supervision
and cited the many cities that successfully managed animal control in this manner. The question
of moving the management of animal control was discussed during budget deliberations. Moving
animal control from the police department to the health department will accomplish two things
immediately; it will allow the police department to focus on traditional police work and animal
control will be in the division that is more fitting to its mission, and will still "partner" with the
Humane Society's role of supporting animal rights. Mr. Jeffers explained that no one will
receive any more cOmpensation as a result of this move. Animal control personnel will still be
employees of the City of Plainview and the Humane Society will continue to function in its
present capacity with the City Animal Shelter. If in the future it would seem more prudent to
have it supervised by the police department once again, the city can go back to the old system,
or possibly find another new way. At this time, Mr. Jeffers stated, he recommends the change
be approved.
Jack Oswald, President of the local Humane Society gave a brief history of the animal shelter
and stated that their working relationship with Capt. Harkins has been an excellent one. He
reported Plainview's Humane Society had adopted out 200 animals this last year and this was
far above average for a chapter this size. Mr. Oswald recommended the supervisory move to
the Health Department and said the Humane Society works in partnership with the City and will
continue to do so.
Lyn Kirchhoff, a member of the Humane Society, asked some questions about the changes but
stated she was in favor of progress.
John Castro, Director of the Health Department, is the rabies control officer of Hale County,
and as such investigates all dog bites. Mr. Castro stated he believed it would be a good move
and the only real change is the person the animal control officers report to.
Councilmember Irene Favila made a motion to approve Ordinance No. 94-3024, as amended to
read "every reference to director of police services is hereby amended to read, "Director of
Plainview-Hale County Health Department, or his/her designee. "; Dwain Dodson seconded the
motion; the motion carried with six votes for and none against.
6. Optimist Baseball Program - Jeff Noble, Optimist Club President, began his report by
presenting the City of Plainview with a plaque expressing appreciation to the City for its history
of cooperation and help in operating a baseball program for young people for twenty five years.
Mr. Noble then reported the Plainview Noon Optimist Club Summer Base Program began May
2, 1994 and finished the regular season July 1, 1994. There were five leagues based on age.
Ages 7 and8 play in the Optimist League, consisting of 8 teams of 96 players. They play 40
games a season and the cost per player is $30. Ages 9 and 10 play in the Rookie League,
consisting of 12 teams of 141 players. They play 66 games per season and the cost is $35 per
player. Ages 11 and 12 play in the Texas League, with 126 players making up 11 teams. The
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cost is $40 per player and they play 55 games. Junior Babe Ruth League is for ages 13 to 15.
There are 16 teams (10 Plainview and 6 out of town) made up of 195 players. They play 96
games and the cost per player is. $40. Ages 16 to 18 play in the Senior Babe Ruth League.
There is only one team with 15 players. They play 25 games and the cost is $75 per player.
Mr. Noble stated the baseball program, while being very worthwhile, is a very expensive
undertaking for a club with only 45 members. In 1994 the expenses were over $38,000. This
encompasses uniforms, team equipment, umpires, additional field maintenances, baseballs,
commissioner, printing, chalk, paint and other incidentals. He said they anticipate having
another $5,800 in expenses before the 1995 season begins. There are three different methods
of raising money, these include player sign-up fees, sign sponsors and team sponsors. The
program hosted a Babe Ruth All Star Tournament and they sent three other All Star teams to
tournaments in the area. This past year was the first year to be affiliated with National Youth
Sports Coaches Association. This program teaches coaches the basics of the psychology of
coaching youth sports, maximizing athletic performance, first aid and safety, how to organize
a fun and interesting practice and tips on sports techniques. There were 120 coaches certified.
It was the Optimist Board's decision to make this program mandatory for individuals who coach
in their program. They are currently one of the largest chapters in America. Mr. Noble
thanked the City of Plainview for their continued dedication to the youth of the City and for their
cooperation in helping make their program a success. Councilmembers questioned Mr. Noble
about allowing young people to play who do not have the money to pay the sign-up fee; Mr.
Noble stated that no youth has ever been turned away. Councilmember Favila asked Mr. Noble
if he would be sure the sign up dates and times to be well advertised, as well as the fact that any
young person can sign up for it.
7. Health Department Facilities Councilmember Dwain Dodson reported that all of
the proposals for remodeling the Health Department in its present location have not been
received, therefore a full discussion could not be held. Mr. Dodson stated the Health Department
would remain downtown and at its present location. He said he believed all of the bids would
meet City and fire codes, even as it does now. He made a motion that no action be taken
tonight on this matter; Mike Hutcherson seconded the motion; the motion carried unanimously.
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8. Zoning · La Mesa Subdivision Unit No. 3 · Frank and Max Gabriel
Ordinance No. 94-3028 An Ordinance Amending the Zoning Map of the City of Plainview,
Hale County, Texas to Rezone Property Located on a 10.12 Acre Tract Located in the Northeast
Part of Section 29, Blk JK-2, Hale County, Texas, Known as Tract "B" on the Proposed
Preliminary Plat of La Mesa Subdivision, Unit No. 3, from an A, Agriculture, and C-3,
Commercial Zoning Districts to MF-2, Multi-family-2 Zoning District; a 2.07 Acre Tract
Located in the Northeast Part of Section 29, Blk JK-2, Hale County, Texas, Known as Lots 29 -
33 on the Proposed Preliminary Plat of La Mesa Subdivision, Unit No. 3, from A, Agriculture
Zoning District to R-I, Residential-1 Zoning District; a 8.02 Acre Tract Located on the
Northeast Part of Section 29, Blk JK-2, Hale County, Texas Known as Lots 1 - 28 on the
Proposed Preliminary Plat of La Mesa Subdivision Unit No. 3, from an A, Agriculture Zoning
District to 2-F, Duplex and Garden (Patio) Home Residential District; a 2.70 Acre Tract Located
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in the Northeast Part of Section 29, Blk JK-2, Hale County, Texas Known as Tracts "C and "D"
on the Proposed Preliminary Plat of La Mesa Subdivision, Unit No. 3, from A, Agriculture to
O, Office Zoning District; a 1.76 Acre Tract Located in Section 29, Blk JK-2, Hale County,
Texas Known as Tract "E" on the Preliminary Plat of La Mesa Subdivision, Unit No. 3, from
A, Agriculture Zoning District to C-3, Commercial - 3 Zoning District. Cumulativeness Clause;
Conflicts Clause; Severability Clause; and Effective Date.
Director for Community Development Muff London reviewed the proposed plat and displayed
a map of all proposed development. This included commercial property, patio/garden type
homes, as well as single family residential properties. She stated this development was being
planned and platted the way it should be taking into consideration its location and the best
possible use of the land. She reported the Planning and Zoning Commission recommended the
request for rezoning, and City staff recommended approval of it also.
Mayor Woods declared the Public Hearing open and asked those wishing to speak in favor of
the rezoning to come forward.
Mr. Burl Masters of Masters and Associates Land Planners of Lubbock, Texas, explained to the
Council that the entire 150 acre tract of land has been planned out for long range development.
He explained the market procedure used to determine the type and number of properties to be
developed and the order in which each they will be built. He said a great deal of consideration
was given to what would be the best order of development for Plainview.
Mayor Woods asked if anyone wished to speak against the proposed ordinance; no one spoke.
Mayor Woods declared the public hearing closed and asked for comment from the Council.
Dwain Dodson said this type of development should be encouraged and the Gabriels are to be
commended for their efforts. Councilmember Dodson made a motion to approve Ordinance No.
94-3028 as presented; Mike Hutcherson seconded the motion; the motion carried unanimously.
9. Zoning · Glad Tiding Worship Center · Specific Use Permit · 301 SE 9th St.
Ordinance no. 94-3029 An ordinance authorizing the issuance of a specific use permit in
Plainview, Hale County, Texas, to construct a new sanctuary on lots 8, 9 and 10 of Blk 1 of
the Prosser Subdivision in an R-2, Residential-2 Zoning District; cumulativeness clause;
conflicts clause; severability clause; and effective date.
Muff London, Director for Community Development, showed the Council a map of the site
plan and stated it will meet the landscaping requirements and Planning and Zoning
Commission unanimously recommends approving the Specific Use Permit and so does City
staff.
Mayor Woods declared the Public Hearing open and asked for public comment. Mike Perry,
a representative of Glad Tiding Worship Center, asked the Council to consider and approve
the permit. No one spoke against the request.
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Dwain Dodson made a motion to approve the Specific Use Permit as presented in Ordinance
No. 94-3029; Irene Favila seconded the motion. The motion passed unanimously among the
six council members present.
10. Curfew. Review Juvenile Curfew Ordinance. City Manager Jim Jeffers
revieWed the effects of the Curfew for City youths which the Council imposed on April 1,
1994. Since that date there have been 155 warning citations; 24 juveniles have received two
warnings. There have been 8 juvenile citations with 1 juvenile receiving 3 citations. There
have been 6 citations given to parents, with one parent receiving three citations. This
activity has resulted in $1,910 in juvenile fines and $1,210 in parental fines. The policing
effort for this curfew has taken 51 man hours, as each stop takes about 20 minutes. The
City has received numerous letters of support for the curfew, among those writing in favor of
it are: Municipal court Judge Barbara Sullivan, Chief Juvenile Probation Officer David
Allenson, PHS Principal Jerry Don George, Coronado Principal Pam Moore, Estacado
Principal Wendell Dunlap, and Chief of Police Roy L. Osborne. Mr. Jeffers stated the
results are difficult to quantify. He reported that there have been 52 fewer vandalism
incidents and that David Allenson said, "noted a substantial reduction in juvenile activity
among our own probations." Mr. Jeffers stated while the curfew was not a cure-all, it was a
tool with which to combat crime committed by and against young people.
11. Main Street. Director for Community Development Muff London addressed the
Council regarding the need to adjust the starting salary of the Main Street Coordinator. Muff
London introduced Cindy Gasaway, who has served as the Marketing Director of Methodist
Hospital Plainview for the past few years. Beginning in January, Ms. Gasaway will become
the Main Street Coordinator for the City of Plainview. Ms. London stated the fine
credentials and many qualifications Ms. Gasaway has to bring to the job of Main Street
Coordinator makes her deserving of a $25,000 annual salary and a state wide comparison of
salaries for this position upholds this premise. Ms. London said that the present budget
allows $20,000 for this position, but she respectfully requests an additional $5,000 for Ms.
Gasaway. Mike Hutcherson made a motion that the salary for Main Street Coordinator be set
at $25,000 per year; Mary Virginia Kirchhoff seconded the motion. The motion carried with
five votes for and one against. Irene Favila voted against the motion. Barbara Dorman was
not present to vote.
12. Cable TV. Public Hearing and consideration of approval of FCC Form 1200 which
sets the maximum initial permitted rates for regulated cable services. Pete Strom, Manager of
Plainview Cable TV, spoke to the Council stating that at the present time the prices charged
by Plainview Cable TV for basic cable is below the benchmark set by FCC and his company
is requesting the City's permission to raise the rates charged by his company. Mr. Strom
also told the Council that beginning this date there will be programming on channels 4 & 7
which are blacked out some of the time due to the non-duplication policy. Mike Hutcherson
moved to approve; Rey Rosas seconded the motion. The motion passed with five votes for
and one against. Dwain Dodson voted against the motion. Barbara Dorman was not present
to vote.
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13.
Adjournment. Mayor Lloyd Woods adjourned the meeting at 8:47 p.m.
ATTEST:
Lloyd C. Woods, Mayor
n McBeth, City Secretary
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