HomeMy WebLinkAbout98 0623 min MINUTES
CITY COUNCIL MEETING
City of Plainview
June 23, 1998
The Plainview City Council held a meeting at 7:30 p.m., Tuesday, June 23, 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
McGehee-Precinct 6 and Irene Favila-Precinct 7.
Staff. members present were: Jim Jeffers-CitY Manager, Ches Carthel-Director of Public Works,
Wally Hatch-City Attorney, Gary Glass-Fire Chief, William Mull-Police Chief, Cindy Gasaway-
Administrative Assistant, John Castro-Director of Community Services and Karen McBeth-city
secretary.
OPEN MEETING
Invocation - The Honorable Ross Owen
Pledge of Allegiance - Mayor Lloyd Woods
2. Recognitions - City Manager Jim Jeffers presented Ches Carthel with a Certificate of
Appreciation for his service to the City of Plainview prior to his leaving the employ of the City to
work for the City of LubboCk.
Ches Carthel recognized the employees that work at the City of Plainview Landfill for their
exceptional quality of work in maintaining the local landfill to a level which received an excellent
inspection report from the State of Texas without one violation cited in the report.
3. Consent Calendar - Councilmember Owen moved to approve the Consent Calendar as
presented. Councilmember McGehee seconded the motion. The motion carried unanimously.
a)
b)
c)
d)
Minutes of June 4, 1998 and June 9, 1998 were approved.
Departmental Reports were accepted.
Expenditures were approved.
Excused Absence was granted to Rey Rosas for the June 18, 1998 Work Session.
e)
School Zone. Ordinance No. 98-3174. An Ordinance of the City of Plainview, Texas,
designating a portion of West 24t~ Street between Houston Street and Kokomo Street
as a School Zone; Providing a penalty; Cumulativeness clause; Conflicts clause;
Severability clause; And effective date. Passed and approvedl
f)
Sanitation - Waste Reduction Grant. Resolution No. R98-111. A Resolution of
the City of Plainview, Hale County, Texas to affirm to the South Plains Association
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g)
of Governments and the Texas Natural Resource Conservation Commission our
support of the programs identified in this proposal for the funding of a solid waste
reduction grant. Passed and approved.
Consider award of bids for the purchase of a Tub Grinder in the Sanitation
Department to assist in recycling efforts. Bids were received as follows: Enviroquip-
$79,500 (did not meet specifications); Grinder Equipment Technology-S79,900;
Unlimited Resources Corp.-S82, 500; Enviroquip-$105,000; Enviroquip-$120,000;
and Caprock Vermeer Equip.-$184,050. The bid was awarded to Grinder Equipment
Technology for $79,900.
REGULAR AGENDA ITEMS
Annexation. Resolution No. 98-110. A Resolution of the City Council of the City of
Plainview, Texas, setting the date, time and place of two Public Hearings regarding the
proposed annexation of a certain Westridge Addition in Hale County, Texas.
Councilmember McGehee moved to adopt Resolution R98-110 and Councilmember Rosas seconded
the motion. Director of Community Services told the Council that Terry Carter, owner of this land
has requested voluntary annexation and by adopting this resolution they were setting the date, time
and place of the two required Public Hearings prior to annexation by the City. Mayor Woods and
Councilmembers of Precincts 1, 2, 3, 4, 5, 6 and 7 voted in favor of adopting the resolution. None
voted against.
Consider lease of 4~ St. and Juniper St. facilities for recycling efforts. Mayor Woods
deferred for consideration until after the Closed Session.
6. Housing:
ao
Consider conducting a housing survey to inventory housing needs.
Consider defining the City's role in providing affordable housing..
John Castro gave an overview stating various out of town housing builder/developers have said we
need more housing and they would be willing to do a survey to determine the number, size and price
ranges of the needed housing. The Council has not been certain such a survey would be without bias.
The question has become: Do we conduct a survey? Do we get an outside entity to conduct a survey?
If the Council decides the city should do such a study, the logistics can be worked out with staff.
Mayor Woods asked for public comment.
Dwain Dodson, 1108 Zephyr, said he believed in the system of free enterprise. Supply and demand
should determine the need for housing. He said HUD is an example of what is wrong with housing
in this city. He said all rental facilities should pay ad valorem taxes. He Said that as Chairman of the
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Housing Authority, they are serving a need for public housing.
Jay Laird, 1510 West l0th, said the city has no place in the housing business. As a rental property
owner he said he pays taxes. The idea of someone coming in and building rental property, paying no
taxes and leaving with Plainview money is not good management.
R.C. Stevens, 203 Thomas Blvd., said he has several rental properties and he pays city taxes on all
of them He said the city does not have a fight to go into competition with him. It is unfair. He said
if builders and developers want to come into Plainview and use their own money to build housing and
pay their fair share of taxes, they should go for it. But, he said, he does not want his taxes used
against him.
Rat'el Lopez Jr., 1101 Winchell, said the city should take a look at housing for low income people.
He said the City Council should, represent citizens. He said the members of the Housing Authority
should represent all the citizens. The Housing Authority built some homes to sell to low income
people, and they are still trying to sell them. In 1978 the Housing Authority was established to
alleviate the need for Iow income families for safe housing.
Brandon Brownlee, 1112 Holliday Drive, stated he believed the Housing Authority project of
building houses was not successful and proved there was not a housing shortage in Plainview, but a
money shortage. He said the Housing Authority loses $60,000 in vacancies every year because they
have to evict people each spring to make room for migrant workers, which are no longer used by the
agricultural community. He stated there is enough low income housing available, if they did not have
to make room for the migrant workers.
Norbert Bublis, 906 Houston, said he has rental property and right now he has many vacancies, more
than usual. He said he owns 75 properties and now has 12 vacancies. His rent ranges from $275 to
$450 a month, an average of $300. He stated all rental property should be on the tax rolls.
R. C. Stevens, 203 Thomas Blvd., inquired about the relationship between the City and the Housing
Authority. He said if the rent property owned by the Housing Authority was designed for farm
workers, that day is over. City Attorney Wally Hatch explained the Housing Authority was originally
formed under a Federal Grant to build safe, affordable housing for migrant farm workers. All the City
does is appoint the Board of Directors. They are an autonomous governmental body.
Dwain Dodson, 1108 Zephyr, spoke again stating there was a need for migrant housing thirty years
ago, but that need is gone. The Housing Authority is required by law to have a certain amount of
housing available in the spring for migrant farm workers. The Housing Authority does not exist to
produce income.
Mayor Woods stated he is opposed to city sponsored housing that is not on the tax rolls.
Councilmember McGehee said the issue of a housing survey arose from Everett and Corplan, both
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developers, who said they needed to do a feasibility study to determine how many units were needed.
The housing they proposed to build would rent for $390 to $640 a month, and this would hardly
qualify as "low income." He asked how many units are vacant in the Date Street project? h/ff.
Dodson said none. Counciimember McGehee asked if they were doing any field work? Mr. Dodson
said no, and most of them would have to move soon because they are behind on their rent and there
is no work to do. These units will all be up for rent again.
Councilmember Parker asked Bobby Masters what he does at the Housing Authority? Mr. Masters
stated he is the Executive Director and he is still learning his job. There are no vacancies at this time.
But, there is no work in the fields either, only a few acres of onions and some produce.
Councilmember Shanes said she could see no reason to do a survey unless the City was really serious
about building housing, whether by tax free bonds or other means.
Councilmember Owen said he agreed, there was no need for a survey unless we intend to build
housing. He stated the First Time Homebuyers program and Housing Rehab Grants were excellent
programs and the city should continue using them. He said there are "for sale" and "for rent" signs
all over town. He said the city needed to broaden the tax base, not reward those who live off our
taxes. He said he is not interested in doing a survey.
Councilmember Rosas said we have talked long enough about a survey, we need to do one. He said
no decision on housing could be made without a survey. If the City does not want to do one itself,
they should let someone else do it. Some people who live outside Plainview say we don't have
houses in good condition. A survey would settle this.
Councilmember Favila said the survey will tell if we need affordable housing. Some houses are vacant
because of Price and ill repair. The City can't determine if it needs to build housing until a survey is
done.
Councilmember McGehee said the best thing to do would be to offer some incentive to individuals
to build economic housing. Something like tax abatement and a user friendly code department. He
said this is the role the City should have in promoting building. Tax abatement incentives would
lower the cost of housing.
Councilmember Parker said the discussion is about whether or not the City should do a survey. He
said he would like to issue a challenge to housing providers to work together and conduct their own
survey.
Mayor Woods said many people who work in Plainview, but live outside of Plainview, do so by
personal choice, not because there are no houses available.
Councilmember Favila moved that the City conduct a survey, to inventory the needs for housing.
Councilmember Rosas seconded the motion.
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Councilmember Shanes asked for a clarification. She asked if this inventory is to be done by the
resources of the City? Councilmember Favila answered yes.
Councilmember Rosas asked if any type of survey has been done by the City in the past? City
Manager Jeffers said the City, the Industrial Foundation and others have conducted surveys.
Mayor Woods said there is a motion and a second that the City conduct a housing survey to inventory
housing needs of the City, at City expense. CoUncilmembers Parker, Rosas and Favila voted for the
motion. Councilmembers Shanes, Hutcherson, Owen, McGehee and Mayor Woods voted against
the motion. The motion failed.
Mayor Woods moved the City continue its role of providing safe and economical housing through
its Board of Minimum Housing, Housing Rehabilitation Grants, First Time Homebuyers as well as
the Housing Authority. Councilmember Favila moved to amend the motion to add that the City
consider defining the City's role in providing affordable housing and expand its role in providing such
housing. Councilmember Rosas seconded the motion to amend. Councilmember Shanes asked to
what extent the term "expand" means? Councilmember Favila said it meant including the possibility
of building, or having other entities build single family and multi-family units for low income
individuals. Councilmembers Rosas and Favila voted in favor of the motion to amend. Mayor Woods
and Councilmembers Parker, Shanes, Hutcherson, Owen and McGehee voted against the motion to
amend. The motion to amend failed. Councilmember McGehee said he moved to amend the original
motion that City staff study the factors that would be required to implement a tax abatement program
to promote building housing and increase the value of present housing. Councilmember Hutcherson
seconded the motion. Mayor Woods and Councilmembers Shanes, Hutcherson, Owen and McGehee
voted in favor of the amendment; Councilmembers Parker, Rosas and Favila voted against the
amendment. The amendment passed. Mayor Woods and Councilmembers Parker, Shanes, Rosas,
Hutcherson, Owen, McGehee and Favila voted in favor of the original motion, as amended.
Mayor Woods declared a ten minute recess at 8:40 p.m. At 8:55 p.m. the Council reconvened.
Speed Zone. Ordinance No. 98-3178. An Ordinance of the City of Plainview, Texas,
amending Section 23-158 of the Code of Ordinances to establish a maximum rate of speed
for vehicles traveling northbound and southbound on a portion of Westridge Road; Providing
for a penalty; Cumulativenes clause; Conflicts clause; Severability clause; And effective date.
First reading.
Councilmember Owen moved to approve Ordinance No. 98-3178 and Councilmember Hutcherson
seconded the motion. Chief of Police William Mull reviewed the ordinance stating there was a traffic
problem on Westridge Road due to the conflicting speed limits of the City and County which are in
effect on different portions of the road. The County's speed limit was 50 mph, and there was no sign.
The City's speed limit is 30 mph, and one posted sign. County Commissioner McDonough proposed
that the County post its portion of the road at 40 mph, and the City post its portion of the road at 40
mph also. The Police Department studied this proposal and inspected the road and determined this
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is a reasonable. The Mayor and Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen,
McGehee and Favila voted in favor of the motion. None voted against.
7a.
Resolution No. 98-112. A Resolution of the City Council of the City of Plainview supporting
application to the Texas Department of Transportation Aviation Division for grant monies for
an AirpOrt Improvement Project of the Plainview/Hale County Airport.
Councilmember McGehee moved to adopt Resolution No. 98-112. Councilmember Owen seconded
the motion. Mayor Woods stated Councilmember Hutcherson has declared a Conflict of Interest
regarding this subject and will not be participating in the discussion or voting on this issue.
Marlin Miller, Airport Co-Manager, told the Mayor and Council the Federal Government used to
issue and administer grants to airports, but it has since turned this over to The Texas Department of
Transportation Aviation Division now handles this. We need an overlay on the main runway and they
have tentatively scheduled this in the year 2000. The cross wind runway needs seal coating and it
may have to be reconstructed. There is not money in the airport fund for the 10% to be funded by the
City and County. The State will fund the 90% of the $850,000. However, if the crosswind runway
has to be reconstructed, it may run the cost up to $1.2 million. This Resolution will enable the Airport
Board to hire an engineer to assess the runways.
Councilmember Rosas asked what benefit the airport is to the City? Mayor Woods said the airport
is used extensively by the major employers of the City such as WalMart, Excel and Azteca. Mr.
Jeffers said the airport operation and maintenance is self supporting through airport funds, hanger
leases, rents, as well as fuel sales. The City and County have historically contributed to major capital
projects. This may be as much as $25,000 for the City. Councilmember Owen said $25,000 is a
small price to pay for the airport's contribution to industrial development of Plainview. Industrial
prospects look at the overall city, the police, the fire department, the streets, the transportation
system and the airport is a vital part of that system. If the airport were to deteriorate the economic
development of Plainview would suffer dramatically. Councilmember McGehee asked, just as a
point of clarification, this Resolution is just to apply for the grant and not to establish how much the
City will spend? Mr. Jeffers stated this Resolution shows support to allow the airport to hire an
engineer to determine needs. Ninety percent of the cost of repairs will come from the Aviation
Division of TxDOT, and ten percent will come from airport funds, and the City and County. Mayor
Woods said the funds are already there for the 10% needed for engineering services.
Mayor Woods and Councilmembers Parker, Shanes, Owen and McGehee voted in favor of the
motion to approve; Councilmembers Rosas and Favila voted against. Councilmember Hutcherson
abstained from voting. The Resolution was approved.
o
Open Forum. Hear citizens requests and comments per Open Forum Policy. Mr. Willis
Compton, 918 West 25th, said he owned two small lots and asked that these be rezoned so
he will be able to build a home there. Mayor Woods said this would be looked into and Mr.
Compton will be advised of the findings.
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Closed Session. This meeting is authorized by [TEX. GOV. CODE ANN §551.074, 551.075
(Vernon 1997)]. Deliberate the appointment, employment, evaluation, reassignment of duties,
removal, discipline or dismissal of a public officer or employee, board, commission, or
committee member, or to hear complaints or charges (Planning & Zoning Commission). A
Closed Session was not held for this topic.
9a.
Closed Session. This meeting is authorized by [TEX. GOV. CODE ANN. §551.071, Sec.
2(e) (Vernon Ann.)]. Discussion of pending litigation. EPA notice of proposed assessment
of Class II Civil Penalty.
9b.
Closed Session. This meeting is authorized by [TEX. GOV. CODE ANN. §551.072 (Vernon
Ann.)]. Deliberate the purchase, exchange, lease or value of real property regarding building
at 4t~ & Juniper, Plainview, Texas.
Councilmembers McGehee moved the Council convene in Closed Session to deliberate 9a, and 9b.
Councilmember Ross Owen seconded the motion, the motion carried unanimously. The Council lef~
the Council Chambers at 9:15 p.m. The Council reconvened in Open Session at 10:05 p.m.
lOa.
Councilmember Hutcherson moved that the Council authorize the City Manager to proceed
in dealing with the EPA within the parameters discussed by the Council in Closed Session.
Councilmember Rosas seconded the motion. The Mayor and Councilmembers Parker, Shanes,
Rosas, Hutcherson, Owen, McGehee and Favila voted in favor of the motion. None voted
against.
10b.
Councilmember McGehee moved that the Mayor be authorized to negotiate for the
lease/option to purchase the building at 4th and Juniper. Mayor Woods seconded the motion.
The Mayor and Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen, McGehee and
Favila voted in favor of the motion. None voted against.
10.
Boards, Committees and Commissions. Consider appointment to the Planning & Zoning
Commission.
The city secretary told the Council the application submitted by Tim Branch, 2403 Kermit, for a
position on the Planning and Zoning Commission met all the requirements of a board member and
he is eligible for appointment. Mayor Woods moved to appoint Mr. Branch to the Planning and
Zoning Commission; Councilmember Hutcherson seconded the motion. Mayor Woods and all seven
Councilmembers present voted in favor of the motion, none voted against.
11. Adjournment. Councilmember Hutcherson made a motion the meeting be adjourned;
Councilmember Shanes seconded the motion. The Mayor and all seven Councilmembers present
voted yes on the motion. Mayor Woods declared the meeting adjourned at 10:10 p.m.
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Passed and approved this 14th day of July, 1998.
Karen McBeth, City Secretary
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