HomeMy WebLinkAbout98 1013 min MINUTES
CITY COUNCIL MEETING
City of Plainview
October 13, 1998
The Plainview City Council held a meeting at 7:30 p.m., Tuesday, October 13, 1998 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: Sam Parker-Precinct 1, Mary Jane Shanes-Precinct 2, Rey Rosas-Precinct 3, Mike
Hutcherson-Precinct 4, Ross Owen-Precinct 5, Bobby McG-ehee-Precinct 6 and Irene Favila-Precinct 7.
Staff members present: Jim Jeffers-City Manager, Wally Hatch-City Attorney, John Castro-Director of Community
Development, John Berry-Assistant Director of Public Works, Norman Huggins-Director of Finance, Dale Simpson-
Civil Service Director, Will Mull-Chief of Police, Gary Glass-Fire Chief, Cindy Gasaway -Administrative Assistant,
Charles Pomykal-Water Reclamation Superintendent, and Karen McBeth-city secretary.
News media present: Richard Orr-Plainview Daily Herald and WBU television crew.
Guests: Mrs. Andy Taylor, MuffLondon, David Wilder, Pete Strom, Rollie Hyde, John Anderson, George Rodriguez,
Ramon Paredes, Bettye Givens, Mr. and Mrs. Jesse Barrera Sr., James & Beverly Alvis, and James Robison.
OPEN MEETING
Invocation - The Honorable Mike Hutcherson
Pledge of Allegiance - Boy Scout
2. Recognitions - Mayor Woods announced he would take the Medal of Honor item out of
sequence and do it at this time. Mayor Woods told the Council and guests that on January 9, 1997
at approximately 2:40 a.m., an aggravated robbery occurred at the Allsup's store at 608 S. Broadway.
At that time Detective Jess Barrera was off duty and responded in his unmarked unit. He became
involved in the apprehension of the suspect near the store. The suspect began using his vehicle as
deadly force against Detective Barrera and other officers. Detective Barrera was struck on the left
leg by the vehicle and as the vehicle was moving away from him, Detective Barrera fired his duty
weapon at the left front tire, as the vehicle turned he fired at the fight two tires; hitting all three tires.
After the vehicle traveled approximately two blocks the vehicle became disabled and the suspect fled
on foot. The suspect was apprehended a short time later. Mayor Woods asked Detective Barrera
to come to the podium and microphone. Mayor Woods also asked Detective Barrera's parents to
come forward. He presented Detective Barrera with a certificate and he asked Mrs. Barrera to place
the Medal of Honor around the neck of Detective Barrera. Mayor Woods .noted this was only the
third award of this type ever given by the City of Plainview.
3. Consent Calendar - Councilmember Favila moved the Consent Calendar be approved as
presented. Councilmember McGehee seconded the motion. The Mayor and all seven
Councilmembers present voted unanimously for the motion to approve. None voted against.
a) Minutes of September 17 and September 22, 1998 were approved.
b) Departmental Reports were accepted.
c) Expenditures were approved.
d) Excused Absences - None required.
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e) Medal of Honor - Consider award. Award given to Jess Barrera.
f)
Ordinance No. 98-3194. An Ordinance of the City of Plainview, Texas, amending
Ordinance No 96-3094, creating a Senior Citizen Commission for the City of
Plainview. First reading. Approved.
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GULAR AGENDA ITEM,~
Ordinance No. 98-3189. An Ordinance of the city of Plainview providing for changing the
name of a portion of Westridge Road to Andy Taylor Road; Cumulativeness clause;
Severability clause; Conflicts clause; And effective date. Second reading.
Jncilmember Ross Owen moved to approve Ordinance No. 98-3189 and Councilmember Mike
tcherson seconded the motion. Mayor Woods and Councilmembers Parker, Shanes, Rosas,
Lcherson, Owen, McGehee and Favila voted "yes" on the motion. None voted against. The
linance was approved. '
Mayor Woods presented Mrs. Jodeen (Andy) Taylor with a replica of the street sign which will
placed to identify Andy Taylor Road.
Ordinance No. 98-3190. An Ordinance of the City of Plainview, Texas, amending Ordinance
No. 98-3186, and appropriating hotel/motel tax funds for use at the Fair Theatre. First
reading.
Muff London, President of the Fair Theatre Board of Directors told the Council that raising funds for
the arts has become increasingly difficult and the Fair Theatre has come such a long way since it was
purchased by the City Council in 1995. The Fair was built in 1924 and underwent remodeling by
various owners/managers but the goal of the Board of Directors is to restore it to its original art-deco
style and design. With the help of David Wilder and prisoners fi.om the Texas Department of Criminal
Justice much has been accomplished. The Board has spent $45,000 to date. The first $26,000 raised
went into replacing the roof. She said they have raised $17,000 from the community, mostly from
the sale of seats. It will be used for multiple projects. Not just theater productions, but University
Interscholastic League competitions, music and dance recitals and contests, children's workshops,
style shows, speeches, poetry readings and concerts. Restoring this historic building and putting it
to use will increase downtown traffic and will be used to promote Plainview as a place to visit. She
introduced members of the Board of Directors that were present and David Wilder continued the
report. He said on April 21, 1998 he and 8 to 15 inmates, who have done the majority of the labor
with limited funds, have torn down all of the years of remodeling and gotten down to the basic
building as it was in 1925 when it was built. The building is an excellent, sound structurally building.
He said they need approximately $50,000 to complete it. The lights, sound equipment and stage
curtain can be purchased with grants at approximately $36,000 in cost. The Chamber of Commerce
has approved $10,000 up front, and then $5,000 in two increments when matched from funds raised
in the community.. He said the first $10,000 has been matched with the $17,000 from the sale of
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seats. He thanked the Mayor and Council for their consideration and said he would appreciate
whatever they could approve. Councilmember Owen asked if parking would be a problem? Mr.
Wilder said there are two parking lots behind the theater, a vacant lot across the street by Morgan
Eaves Agency, as well as the full block in front of it. Mr. Wilder told the Council there will also be
several offices on the third floor available when it is fully restored. Councilmember Parker asked if
there will be more fund raisers? Mr. Wilder assured him there will be. Mayor Woods moved to
approve $25,000 for the project; $10,000 up front, and $5,000 increments as the monies are matched.
Councilmember Rosas seconded the motion. Parker asked how the Council would know when the
funds were matched? Mr. Wilder said he would give the Council copies of deposit slips with the
names of the donors. Mayor Woods and Councilmembers Parkers, Shanes, Rosas, Hutcherson,
Owen, McGehee and Favila vOted "yes" on the motion. None voted against.
Consider approving the "Agenda" for the Economic Development Task Force, chaired by
Dr. Benjamin Akande.
Dr, Benjamin Akande, of Wayland Baptist University thanked the Council for his appointment to the
Economic Development Task Force. He introduced John C. Anderson, Ron Miller and Willis
McCutcheon who were also members of the Task Force. He said the mission of the Task Force was
to create an enabling environment for economic growth for Plainview. He said it was important to
create a fertile landscape that would attract business and industry. He said the group will leave no
idea overlooked and ideas were welcome and would be all inclusive. He said ideas would be sought
through town meetings and regular Task Force meetings. He said the plan had as its agenda:
Education: Conduct a comprehensive assessment of vo-tech educational program potentials in
Plainview; Assess the need for work, study training programs; Research the need for a community
wide information technology center to provide computer training for all citizens in Plainview; and
Business & Economic Development: Revisit current city development ordinances; Assess current land
development initiatives; Review economic development strategies; Enhance discussion on the need
for new business incentives/industry; Investigate the feasibility of public/private joint ventures;
Identify a baseline for current retail providers; Develop a marketing strategy for the City of Plainview;
Establish goals and identify priorities for Plainview for immediate and long-range plans; Review of
existing organizations and policies; Work with the City of Plainview administration on how best to
redirect efforts to support economic investment development and growth; Review of adequacy of city
infrastructure (water, wastewater, transportation, parks, etc.); Review of interface of economic
development agencies (city, county, Plainview/Hale County Industrial Foundation, Plainview
Chamber of Commerce, Plainview Downtown Association, Main Street, Plainview Independent
School District, Wayland Baptist University); Assess the role of tourism and convention in economic
development; Review housing needs in Plainview; and Enterprise Zone issues. He stated Plainview
has a good future and we should not let differences divide us. He said he will try to make a difference
for Plainview. Mayor Woods said he believed Dr. Akande will make it succeed. Councilmember
Parker asked if there was a time frame? Dr. Akande said a time frame wOuld be difficult to create,
it could be long Or short, but hopes to complete a plan as quickly as possible. Councilmember Owen
moved to approve the proposed Agenda for the Economic Development Task Force. Councilmember
Hutcherson seconded the Motion. Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen,
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McGehee and Favila, along with Mayor Woods voted in favor of the motion to approve. None voted
against.
Consider including the 1600 block of West 21st Street in Phase II of paving.
Councilmember Rosas said due to the recent heavy rain and the unpaved street in this block, the
residents there have had to park their cars outside of their street and walk to their houses. This made
it difficult to get to work and to school. He said citizens have petitioned that this street be included
in paving project. Mr. George Rodfiguez, of 600 West 14t~, asked why part of the street in his block
was paved 24 years ago, and his was not. He said he did not get any correspondence or information
from the City regarding this. He said the weeds in the ditches are very bad and during heavy rains
the water does not drain. He said at various times dirt has been brought in and the street has been
graded, but this does not fix it. He said the street needs to be paved and the property owners in the
area should pay for it. He said he was willing to pay his portion. Mayor Woods said this will cost
quite a lot of money but the City will certainly look into it. Mr. Ramon Paredes, 1405 El Paso St.,
addressed the Council through a interpreter, stating the standing water problem was particularly bad
at the comer and to the driveway of his house. He said it takes a very long time for the water to drain
and the street to dry out. He also complained that the railroad tracks at 14th Street are in very bad
repair, and driving over it really shakes his car. He asked that his street be included in the paving
project also. Mayor Woods made a motion to consider the 1600 block of West 21st Street and 14a
& El Paso Streets in Phase II of the paving project, with property owner paying their portion.
Councilmember Parker seconded the motion. Councilmembers of Precincts 1, 2, 3, 4, 5, 6, 7 and the
Mayor voted in favor of the motion. None voted against. Mayor Woods said property owners have
requested that a portion of Floydada Street, from West 4a to Kirchwood Dr. be included in the
paving project also. Mayor Woods said this would also have to be charged back to each property
owner.
8. Wastewater Treatment Plant - Annual Report.
Charles Pomykal, Superintendent of the Wastewater Treatment Plant reported in 1997 and to date
this year the weirs on the primary clarifying have been replaced, there are two new stainless steel
scum scrapers, and two new pneumatic sludge valves at the treatment plant. Everything has been
painted. The new effluent flow meter meets permit regulations. There is a temporary dechlorination
system and the new polymer chemical greatly speeds sludge drying, thereby increasing the plant's
efficiency. The Lab Quality Assurance/Quality Control book is compete and the plant O&M manual
is nearing completion. The plant has two new vehicles. Planned for the near future is the cleaning of
the digesters, to begin October 20th and be completed in December; new sludge pumps, a new
comminator (garbage disposal/grinder), a new standby pump for the Texas Department of Criminal
Justice units and the complete refurbishing of the Milwee Lift Station. Mr. Pomykal offered to
answer questions, but none were asked. He thanked the Council for their support and assistance.
Councilmember Owen commended Mr. Pomykal and his fellow employees for their hard work during
this past year. Councilmember McGehee stated these repairs have cost "mega bucks" and have come
from reserves, not new taxes.
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Consider establishing priorities with the Texas Department of Transportation for
egress/ingress ramps on 1-27, thoroughfares and by-pass routes.
Director of Community Services John Castro addressed the Mayor and Council and told them the
Planning and Zoning Commission has studied the on and off ramps of 1-27 and have made the
following recommendations: Priority #1: Install on- ramp Southbound immediately South of 24th
Street overpass; Install off-ramp Southbound immediately North of 13t~ St. within the required
distance; Close off-ramp Southbound at Hiway 70 & 1-27 intersection. Priority #2: Install off-ramp
Southbound before West 2na Street, within required distance; Install on-ramp Northbound, North of
SW3rd Street within required distance; Extend S.E. 4th Street from Date St. to "Landfill Road" then
to Hwy. 70 (curve 4th St. slightly into county line road). Priority #3: Install off-ramp Northbound
before 16th Street. Priority #4: Install off-ramp northbound near Browning Seed (South of City)
within the required distance. Getting TxDOT to take 24th Street as a State road is also a number "1"
priority. He said the State engineers will most likely make changes in these recommendations, and
he emphasized these are only recommendations. Councilmember Owen asked if the Priority #1 13th
Street off-ramp would be far enough back not to create a problem? Mr. Castro assured him the State
would see to it. Mayor Woods said Mr. Castro met with the TxDOT engineer Mike Craig and he
helped recommend what he believed TxDOT would approve. Dan DeAsis, 7105 W. US70, spoke
to the Council and said that if these changes were presented to the Texas Department of
Transportation as safety issues, the State would most likely pay for them. Councilmember Owen
made a motion that the Planning and Zoning Commission review the safety issues attached to each
of these priorities and the request be submitted to TxDOT. Councilmember Rosas seconded the
motion. Councilmembers of Precincts 1, 2, 3, 4, 5, 6, 7 and Mayor Woods voted "yes" on the
motion.
At 8:35 p.m. Mayor Woods called a ten minute recess. The Council reconvened at 8:45 p.m.
10.
Ordinance No. 98-3191. An Ordinance of the City of Plainview, Texas amending Section
25-251 of the Code of Ordinances to establish certain streets in the City of Plainview as truck
routes for inter-city and intra-city travel; Providing for a penalty; Cumulativeness clause;
Conflicts clause; Severability clause; And effective date. First reading.
Police Chief William Mull reviewed the proposed ordinance. He stated he checked City codes and
the truck route done in 1966 was out of date. He recommended adding Interstate 27 (US87),
Industrial Blvd and FM 3466 to the truck route. He recommended removing El Camino Drive, Frisco
Street, Hilton Street, Loop 274 of US87 and 9th Street, the portion from Milwee St. to Frisco St.
Councilmember McGehee moved to approve Ordinance 98-3191; Councilmember Hutcherson
seconded the motion. Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen, McGehee and
Favila and the Mayor voted in favor of the motion to approve. None voted against.
11.
Resolution No. R98-114. A Resolution of the City of Plainview, Texas waiving collection
of retroactive franchise fees from TCA Cable TV per the fifth circuit court decision
regarding franchise fees.
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Pete Strom, local manager of TCA Cable TV addressed the Council and asked that this fee be
waived. City Attorney Wally Hatch told the Council this is a rental use fee. He said TCA Cable
chose to pass the cost on to the customer. He further stated the 5th Circuit COurt said cable companies
could absorb the additional 3%. Councilmember Parker asked if the City could forego the collection
of this additional fee altogether? Mr. Hatch said yes, but it would be setting a dangerous precedent.
He said the City cannot legally give away anything of valUe, this includes the use of its right-of-way.
Councilmember McGehee asked if this is considered a cost of operation? Mr. Strom said, no, it is
a pass-through fee. Councilmember McGehee asked if other expenses are passed on? Mr. Strom said
yes, they are Used to calculate the various rates. He also stated the 5th Circuit Court said this rental
fee could be passed through. Councilmember Shanes asked if TCA Cable has the option to absorb
this fee, or passing it on to the customer? Pete Strom said yes. Councilmember McGehee called for
the question. Councilmember Parker moved to authorize the City Manager to waive the collection
of this fee imposed by the 5th Circuit Court. Councilmember Rosas seconded the motion.
Councilmembers Parker, Rosas and Favila voted in favor of the motion. Councilmembers Shanes,
Hutcherson, Owen, McGehee and Mayor Woods voted against it. The motion failed. Councilmember
Shanes moved to waive the collection of the fee from September 22, 1997 to October 31, 1998, as
stated in Resolution R98-114. Councilmember McGehee seconded the motion. Councilmembers
Shanes, Hutcherson, Owen, McGehee and Mayor Woods voted in favor of the motion.
Councilmembers Parker, Rosas and Favila voted against the motion. The motion passed five votes
to three.
12. Ordinance No. 98-3193. An Ordinance of the City of Plainview, Texas amending Ordinance
No. 98-3186, appropriating Solid Waste Funds for the City of Plainview Recycling Program,
Plainview Recycling Center - Proposed Budget - September 17, 1998. First reading.
City Manager Jim Jeff.ers reviewed the Ordinance, stating the City has been involved in a recycling
program for some time now, but operating a recycling center is part of the Agreement and Order with
the Environmental Protection Agency and could greatly benefit the City and preserve the longevity
of the landfill. Councilmember Owen moved to approve Ordinance No. 98-3193 and Councilmember
Rey Rosas seconded the motion. Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen,
McGehee, Favila and Mayor Woods voted "yes" to the motion. None voted against.
13. Consider modifications to the Humane Society contract and the employment of additional
employees for the Animal Control Department. This item was pulled from the Agenda prior
to the meeting.
14.
Open Forum. Hear citizens requests and comments per Open Forum Policy. No one spoke
during the Open Forum.
15.
Closed Session. Deliberate the appointment, employment, evaluation, reassignment or
duties, removal, discipline or dismissal of a public officer or employee, board, commission,
or committee member, or to hear complaints or charges. (City Manager evaluation; Human
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Relations Commission; Health Board) [Tex. Gov't. Code Section 551.074].
Before the Council went into Closed Session, Mayor Woods asked the city secretary to review the
applications for the Human Relations Commission and the Health Board. The city secretary told the
Council Mr. Kemp Hinch, a present member of the Human Relations Commission has submitted an
application for reappointment to the commission and he qualified for reappointment. Mr. Jeffers said
Mr. Hinch was a quality member of the commission and had a good attendance record.
Councilmember Hutcherson moved to reappoint Mr. Iffmch to the Human Relations Commission and
Councilmember Rosas seconded the motion. Councilmembers Parker, Shanes, Rosas, Hutcherson,
Owen, McGehee, Favila and Mayor Woods voted in favor of the motion. None voted against. Mr.
Hinch was reappointed.
The city secretary reviewed the application of Dr. Michael Hinze for reappointment to the Board of
Health. His application is complete and he is fully qualified to be reappointed. Councilmember Owen
moved to reappointment Dr. Hinze and Councilmember Hutcherson seconded the motion. The
motion carried unanimously among all seven Councilmembers and the MayOr. Dr. Hinze was
reappointed.
Mayor Woods moved the Council go to Closed Session. Councilmember Owen seconded the
motion. The motion carried unanimously with all seven Councilmembers and the Mayor voting in
favor of the motion. The Council moved into Closed Session at 9:00 p.m
16.
Action per Closed Session: City Manager evaluation; Human Relations Commission; Health
Board. The Council reconvened in Open Session at 9:33 p.m. No action was taken.
17. Adjournment. Councilmember Hutcherson moved the meeting adjourn. Councilmember
Owen seconded the motion. All Councilmembers present voted in favor of the motion. Mayor
Woods declared the meeting adjourned at 9:34 p.m.
Passed and approved on OCtober 27, 1998.
en McBeth, City Secretary
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