HomeMy WebLinkAbout01 0522 minThe Plainview City Council met .on May 22, 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 11:00 a.m. on May 16, 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; Buddy McGehee-District 6; and Irene Favila-District 7.
Staff members present were: Jim Jeffers-City Manager; Norman Huggins-Director of
Finance; Wally Hatch-City Attorney; John Castro-Director of Community Development;
John Berry-Director of Public Works; Will Mull-Police Chief; Captain Albert Perez-Fire
Department; Dale Simpson-Director of Civil Service; and Belinda Hinojosa-City Secretary.
News media representatives present were: Richard Orr-Plainview Daily Herald.
Guests present were: Ralph Chilton, John Bertsch, Brian Pohlmeier, Greg Feris; Kristin
Travis; Seth Tanner; Gilbert Patino; James Winer; Eric Willard; and David Brito.
Councilmember McGehee delivered the invocation.
The Girl Scouts led in the Pledge of Allegiance.
Councilmember McGehee 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 (g) Ordinance No. 01-3289 to appropriate
funds ($7,500) in the airport fund. Items approved on the Consent Calendar included:
approval of the Minutes of May 8, 2001 and May 17, 2001; receipt of departmental
reports; and approval of expenditures. The Council approved upon second reading
Ordinance No. 01-03286 of the City of Plainview amending Ordinance No. 00-3267 to
appropriate funds in the fire department safety equipment account in the 2000-2001
Budget to replace bunker and/or personal protective gear. The Council approved the
Emergency Client Services Agreement No. 23255258 with Adult Protective Services
which provides for a one-year contract so that they may assist people who cannot pay
their water bills. They approved upon first reading Ordinance No. 01-3288 of the City of
Plainwew amending Ordinance No. 00-3267 to appropriate funds ($7,500) in the airport
fund in the 2000-2001 Budget for runway improvements; cumulativeness clause;
severability clause; conflicts clause; and effective date. The airport would receiving
funding of $150,000 for runway signage and lighting if the City and County would both
match $7,500 and to assist in cost overruns on the runway overlay project. The Council
approved upon first reading Ordinance No. 01-3289 of the City of Plainview amending
Ordinance No. 00-3267 to appropriate funds ($4,000) in the general fund in the 2000-
2001 Budget for fa~:ade improvement grants in the National Register District of
Downtown Plainview; cumulativeness clause; conflicts clause; severability clause; and
effective date. The $4,000.00 has been donated by SPS ($1,000.00) and Energas
($3,000.00) and is for eight $500.00 grants to be awarded to applicants for main street
properties for facade improvements.
Mr. Castro presented information on the Home Investments Partnership Program
Application to the Texas Department of Housing and Community Affairs for the Owner-
Occupied Housing Assistance Program. He stated the proposal includes five homes at
$25,000.00 each. It was noted that this was a very worthwhile project and this year the
amount per home was increased due to the expense associated with the improvements.
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Councilmember Parker moved that Resolution 01-101 be passed authorizing the
submission of a Home Investments Partnership Program Application to the Texas
Department of Housing and Community Affairs for the Owner-Occupied Housing
Assistance Program and authorizing the Mayor to act as the City's Executive Officer and
Authorized Representative in all matters pertaining to the City's participation in the Home
Investments Partnership Program. The motion was duly seconded by Councilmember
Favila and carried by unanimous vote.
Mr. Huggins presented the bids on the $10,000,000 Tax and WaterWorks and Sewer
System Surplus Revenue Certificates of Obligation, Series 2001. The bid tabulations
were: Stephens, Inc. 4.892376%; First Southwest Co. 4.899662%; Griffin, Kubik,
Stephens 4.922080%; USB Paine Webber Inc. 4.929890%; Morgan Keegan & Company,
Inc. 4.931044%; Morgan Stanley, Dean Witter & Co. 4.946126%; and First Tennessee
Capital Markets 4.954900%. Joe W. Smith with First Southwest Co., bond advisor
handled the bids for the City. Councilmember McGehee moved to award the bid to the
lowest bidder, Stephens, Inc. The motion was duly seconded by Councilmember Shanes
and carried by unanimous vote. Councilmember McGehee amended his prior motion to
include adoption upon second reading of Ordinance No. 01-3287 authorizing issuance of
$10,000,000 Tax and Waterworks and Sewer System Surplus Revenue Certificates of
Obligation, Series 2001 (2nd reading)l The motion was duly seconded by
Councilmember Rosas and carried by unanimous vote.
Mr. Jeffers presented Resolution R01-102 of the City of Plainview, Texas committing to
the Running Water Draw Hike/Bike Trail development, implementation, construction,
maintenance and financing. The trail would be 5.5 miles with a cost of 1.3 million. The
City's match would be $300,000 with a portion of that being in-kind contributions. He
stated the City would also be committing to the maintaining of the Trail. Seth Tanner of
11th Street, Plainview, John Bertsch, a Certified Financial Planner of the Investment
Centers of America and Greg Feris of 2411 Jefferson all expressed the support of the
Trail. Councilmember Shanes moved that the City adopt Resolution R01-102 committing
to the Running Water Draw Hike/Bike Trail development, implementation, construction,
maintenance and financial. The motion was duly seconded by Councilmember Favila and
carried by unanimous vote.
Chief Mull presented informatiOn on Ordinance No. 01-3290 of the City-of Plainview,
Texas creating Article III, Chapter 17, Curfews Minors, of the Plainview Code of
Ordinances; defining terms; creating offenses for minors; parents and guardians of minors
and business establishments violating curfew regulations; providing defenses; providing
for enforcement by Police Department; providing for waiver by the Municipal Court of
Jurisdiction over a minor when required under the Texas Family Code; providing for a
penalty not to exceed $500; cumulativeness clause; severability clause; conflicts clause;
effective date; and providing for publication. (First Reading) He stated the police
department was in favor of a curfew. The previous curfew hours were: (1) from 11:00
p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the
following day; and (2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday; (3) 12:01
a.m. until 6:00 a.m. on any day of the week beginning on the day that Plainview lSD
releases students for the summer recess, and ending the last weekday immediately prior
to the date Plainview lSD begins the subsequent fall term. The curfew applied to any
person under seventeen years of age with each violator receiving two written warnings
and then custody arrest. There are ten defenses listed under Section 17-42. Chief Mull
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May 22, 2001 Page 2 of 3
stated that 41 citations had been issued and $8,348.00 in fines (some of these worked off
as community service) from 1997 to the present.
Mayor Woods asked for public comment. Kristin Travis of 111 Castro, President of the
Youth Advisory Commission stated the Commission was opposed to the curfew. She
stated that she did not see that there was a large gang problem as in the past and felt the
curfew violated the rights of the juveniles. She felt that juveniles should not be punished
for being out unless they were drinking or breaking the law, then they should be punished.
~She stated adults commit the majority of the offenses in the City, but a curfew is not
imposed upon them.
Gilbert Patino of 2102 W. 4th asked if there was documentation by race of the warnings.
He did not express his opinion as to whether he was for or against the curfew. Eric
Willard of 701 Broadway stated that the statute was unconstitutional. James Winer of
1310 Quincy stated that he had not noticed a gang problem and he felt that it should be
parental responsibility and not the government's job. David Brito of Rural Route stated
that Section 17.42(b) was ambivalent. He did not think this was fair to parents who
worked at Wal-Mart, Azteca and Excel who worked different shifts. He did not feel they
should be held accountable as to what their children were doing when the parents were at
work. Mayor Woods moved that Ordinance No. 01-3290 of the City of Plainview, Texas
creating Article III, Chapter 17, Curfews Minors, of the Plainview Code of Ordinances;
defining terms; creating offenses for minors; parents and guardians of minors and
business establishments violating curfew regulations; providing defenses; providing for
enforcement by Police Department; providing for waiver by the Municipal Court of
Jurisdiction over a minor when required under the Texas Family Code; providing for a
penalty not to exceed $500; cumulativeness clause; severability clause; conflicts clause;
effective date; and providing for publication be approved. The motion was duly seconded
by Councilmember Owen. Councilmembers Parker, Shanes, Owen and Mayor Woods
vote "for" the motion and Councilmembers Rosas, Hutcherson, McGehee and Favila
voted "against." The motion failed for lack of majority.
There being no further business, Mayor Woods adjourned the meeting at 8:37 p.m.
Belinda Hinojosa
City Secretary
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