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HomeMy WebLinkAbout97 0826 min MINUTES CITY COUNCIL MEETING City of Plainview August 26, 1997 The City Council of the City of Plainview met in a regular meeting in the Council Chambers of City Hall, 901 Broadway, Plainview, Texas at 7:30 p.m. with Lloyd C. Woods presiding. The Council met in Pre-session at 7:00 p.m. Councilmembers present were: Larry Dickerson-Precinct 1, Mary Virginia Kirchhoff-Precinct 2, Rey Rosas-Precinct 3, Mike Hutcherson-Precinct 4, Ross Owen- Precinct 5, Bobby McGehee-Precinct 6 and Irene Favila-Precinct 7. The notice of this meeting was posted in City Hall at 5:00 p.m. on August 19, 1997. Staff members present were: Jim Jeffers-City Manager, John Castro-Director of cOmmunity Services, Norman Huggins-Director of Finance, William Mull-Police chief, Wally Hatch-City Attorney and Karen McBeth-City Secretary. News media present: Richard Orr-Plainview Daily Herald and Wayland Baptist University television crew. OPEN MEETING Invocation - The Honorable Larry Dickerson Pledge of Allegiance - Dustin Brownlee 2. Recognitions - Mayor Woods presented Bobby James with a plaque of the United States Armed Services markers and American Flag in Kidsville Park for his service to the veterans in the military area. Councilmember Irene Favila recognized all of the agencies who participated in the S.A.F.E. program this summer. Mayor Woods read a Proclamation for the Good Sam's Club who are to clean up Broadway Street on August 29. 3. Consent Calendar - Councilmember McGehee moved to approve the Consent Calendar as presented. The motion was seconded by Councilmember Ross Owen and was unanimously passed by the seven Councilmembers and the Mayor. a) b) c) d) Minutes for August 12, 1997 were approved. Departmental Reports were accepted. Expenditures were approved. Excused Absences - None requested. 1 of 6 e) Consider creation of a Diversity Oversight Committee and appoint individuals to serve on such. The Diversity Oversight committee will work with the Human Relations Commission in overseeing the implementation of the Diversity Task Force Recommendations. The Oversight Committee will provide quarterly written reports to the Mayor and City council and will complete a sunset review, no later than January 1999. The Initial Oversight Committee members appointed: Lupe Arroyo, Michael Black, Kenneth Coates, Barbara Dorman, Deliece Harrison, Tom Stoner and Margie Thompson. Consider approval of the final plat of Ridgecrest Addition, Unit No. 4. The plat was approved. Park Comprehensive Plan. R97-110 - A Resolution of the City of Plainview, Texas, adopting a comprehensive plan for the city parks system. The Resolution was approved. It was noted the plan would be reviewed annually and may be amended. Loading and Unloading Zones. Ordinance No. 97-3130. An ordinance amending Article XIV, Stopping, Standing and Parking - Division 3 Loading and Unloading, Section 24-387(a) of the Plainview City Code of Ordinances; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. Approved for first reading. Wastewater Budget Amendment. Ordinance No. 97-3131. An ordinance amending Ordinance No. 96-3090 to appropriate funds in the 1996-1997 budget for the continued operation and maintenance of the wastewater treatment plant. Approved for first reading. J) Street Maintenance Budget Amendment. Ordinance No. 97-3132. An ordinance amending Ordinance No. 96-3090 to appropriate funds in the 1996-1997 budget for the continued maintenance of the streets within the City of Plainview. Was approved for first reading. REGULAR AGENDA ITEM~ 4. Drug Free Zone - College Hill. R97-111. A Resolution of the City Council of the City of Plainview identifying and declaring a certain area around College Hill Learning Center to be a drug free zone. Councilmember Mike Hutcherson moved to approve Resolution R97-111 and his motion was seconded by Councilmember Rey Rosas. Mike Hutcherson presented the Resolution to Ron Miller and school children from College Hill Elementary School. Councilmembers Dickerson, Kirchhoff, Rosas, Hutcherson, Owen, McGehee, Favila and Mayor Woods voted for the motion to approve Resolution R97-111. No one voted against it. 2 of 6 5. Plainview/Hale County Industrial Foundation. Consider renewal of a contract with the Plainview/Hale County Industrial Foundation for economic development services. Councilmember McGehee made a motion to approve the contract. Councilmember Mike Hutcherson seconded the motion. Tiffin Wortham, President of the Plainview/Hale County Industrial Foundation gave an update on what the Foundation has done this past year. He told the Council Excel had a $19 million dollar expansion, made possible with a request for Enterprise Project status. This will be finished this September. Excel employs 2,200 workers. He said Continental Pallet will renew a three year lease option. They began with 9 employees and now have 37. Wilkins Manufacturing has had a great year and have plans to move operations from Kansas to Plainview. The Foundation is currently applying for consideration to the Texas Youth Commission for a juvenile detention center to be located in Plainview. It could employ up to 600 persons with a $20 million annual payroll. Mr. Wortham said the Foundation needs incentives to attract new business and asked Mayor Woods and Hale County Judge Hollars to chair a committee to seek new incentives. Mr. Wortham told the Council many requests are received via e-mail. He thanked the Mayor and Council for their dedication to the Foundation and the their interest in the future of Plainview. The Foundation is requesting a contract with the City for $25,000 for the coming year. Councilmembers Dickerson, Kirchhoff, Rosas, Hutcherson, Owen, McGehee, Favila and Mayor Woods voted for the motion. No one voted against it. 6. Pay Plan. Ordinance No. 97-3133. An ordinance of the City of Plainview, Texas, adopting a pay plan for non-public-safety personnel of the City of Plainview for the 1996-1997 fiscal year. First reading. Councilmember Rey Rosas moved to approve Ordinance No. 97-3133. His motion was seconded by Councilmember Ross Owen. Finance Director Norman Huggins reviewed the proposed pay plan. He said in January of 1997 a step pay plan increase for police officers was approved and in May of 1997, a step pay plan with increases was approved for fire/EMS personnel. The proposed ordinance establishes a step pay plan for other city workers. The proposal gives most pay increases in beginning work levels and to those with three years or less with the City. In the clerical area there are approximately 31 people in Step 1, who will get a pay increase on September 1; then a cost of living raise on their anniversary date. This is applicable to maintenance workers and operators also. There are no proposed step plan increases for department heads. The cost for the first year will be a $110,000 increase. Councilmembers Dickerson, Kirchhoff, Rosas, Hutcherson, Owen, McGehee, Favila and Mayor Woods voted to approve the ordinance for its first reading. 7. Consider calling public hearings on the proposed Budget and Tax Rate for the City of Plainview 1997-1998 fiscal year. Councilmember Ross Owen made a motion to hold public hearings regarding the proposed budget and tax rate for the upcoming year. Councilmember Rosas seconded the motion. City Manager Jim Jeffers reviewed the proposals submitted by the Bond Infrastructure Committee which stressed the need for street improvements to be done as soon as practical. They proposed spending about $1 million from general fund reserves now and a tax increase of 4.7 cents, all of which is to be placed in a street improvement fund. They did not recommend a bond issue proposal. They stressed long range planning for major street rebuilding and long range financial planning to accomplish it. Mr. Jeffers displayed the type notices which will be published to inform the public about the public hearings and the proposed tax increase. He told the Council state law 3 of 6 says if you go 8 per cent over the current tax rate, you become subject to roll back. Mayor woods stated the committee stressed that many things need to be done to improve the infrastructure in Plainview, not only streets, but water lines. He stated this would put a plan in place to do what has to be done, plan for what needs doing systematically, as well as a way to pay for it. He urged the Council to vote for the increased tax rate. Councilmembers Dickerson, Kirchhoff, Rosas, Hutcherson, Owen, McGee Favila and Mayor Woods voted to call for public hearings on the proposed budget and increased tax rate. No one voted against the motion. 7a. Consideration of application for closure of a portion of a dedicated alley being the West 5 feet of the existing 25 foot wide dedicated alley on the east side of and adjacent to Lot 46, Ridgecrest Addition, Unit No. 3, Plainview, Hale County, Texas. Councilmember McGehee moved to approve the application for closure, and his motion was seconded by Councilmember Owen. City Attorney Wally Hatch explained the procedural request to close 5 ft. of the dedicated alley is independent of the platting process. This area was originally zoned commerical and a 25 foot alley was required. It has since been rezoned to residential and only 20 feet is required for an alley. This smaller alley will make the area more flexible for development. Those who could object to the request, due to their proximity to the property in questions, have not done so. Councilmembers Dickerson, Kirchhoff, Rosas, Hutcherson, Owen, McGehee, Favila and Mayor Woods voted in favor of the motion to approve the application for closure. No one voted against it. 8. Open Forum. Hear citizens requests and comments per Open Forum Policy. Bruce Rider, 1100 Thunderbird, reading the following statements to the Mayor and Council: "Mr. Mayor and city council members, it is with a sense of dismay that I call with Councilman Rosas, for an investigation into the Plainview Housing Authority." Councilmember Larry Dickerson called for a Point of Order stating Mr. Rider's comments should be made to the Housing Authority. Mayor Woods overruled the Point of Order noting Mr. Rosas had addressed the Council at the last Open Forum on this topic. Councilmember Dickerson made a motion that a Point of Order be addressed, and the motion was seconded by Councilmember Rey Rosas. Councilmembers Dickerson, Rosas and Favila voted in favor of the motion. Councilmembers Kirchhoff, Hutcherson, Owen, McGehee and Mayor Woods voted against the motion. Mr. Rider continued: "After reading the initial article on the subject, I started studying minutes of meetings, and asking questions. I want to make it perfectly clear that I got no information that the public can't find themselves if they have the time and interest. I spoke to no current board members for fear of not getting the truth. Sometimes I got answers with no names, sometimes I got names with no clear answers. What I did come away with was a sense of total mismanagement at best, and criminal acts at worst. In talking to various councilmembers I discovered that although you have a Liaison to the housing board, they have not apprised you of what seems to be common knowledge. Since an act of a previous city council created the housing authoriW, I know that you would like to be aware of what has transpired. I am going to skip the points of law that were violated in the planning stages of the homes on 28th St. and go directly to the meat of the matter. First, the housing authority was notified in the early stages of construction that the FHA would not offer low-interest loans for homes 4 of 6 built in the flood plain. They were built anyway. Second, funds to build these homes were misappropriated from another federal program to pay for these homes. Mr. Head, who oversees the federal grant program, charitable chose to view this as a misunderstanding. Had he chosen to view it differently, Plainview could have had it's access to federal funds cut off. Also, the housing authority chose to pay many bills with cashier's checks instead of their regular checking accounts. With a prosecutor's eyes, it raises the question of whether k was a misunderstanding. Third, there are no cost breakdowns on the homes built, just a final total. Fourth, there were no competative bids on design or materials. This comes especially important when I found this ad from a professional contractor to place a home on a standing lot starting in the high 20's which would be extremely accessible for our lower income housing hopefuls. Fifth, because of incompetence on the part of the MET- contracted foreman with his trainees, portions had to be torn out and redone. This resulted in an increase of costs. Sixth, when I requested Plainview housing authority's audit for 1996 under the freedom of information act, I was told it was not ready yet. The accountants were getting information from the authority that they needed to complete the audit. It is almost time for the 1997 audit, we are a few months shy of 1998, and we're still waiting for the 1996 audit. IfI understand the law correctly, only the mayor has any regulatory control over the housing authority. Mr. Mayor, by the next council meeting I will have a list of charges and irregularities on your desk. I ask you, for the people these homes were supposed to help, to check with the city attorney to see how much oversight/control the law allows you. The Plainview Housing Authority board has some good people, however, as Homer the Greek poet asked so pertinently, "Who guards the guards." Plainview needs the housing authority. Our local businesses and industry who put their support and their trust behind the authority need to be repaid in like coin. Let's find out where our mistakes were made, get over this bump in the board, and build the housing authority back into an organization that truly does take care of our citizen's housing needs." Mr. Rider thanked the Mayor and Council for his time and sat down. Brandon Brownlee, 1112 Holliday Dr., addressed the Mayor and Council stating:"I have been a resident of Plainview for most of my 38 years. I am here, not as the spokesman of the Plainview Housing Authority, nor am I here as the vice-chairman of the Planning and Zoning Commission, but as John Q. Public to use the Open Forum to express my concerns. Before I read from a prepared statement I wish to point out the fact that like you, I am human. I make mistakes and admit to them and most importantly learn from them. That is why I feel I can make the following comments. My main concern is that all the City Councilmembers remember that they are elected officials and should represent the public as a whole. I am not here to point fingers or to pass judgment about many actions I feel are not conductive to harmony in our small community. I do not feel the councilmembers need to participate in or hold press conferences that are not in agreement of the entire council. I feel that when this happens, people are exposing a hidden agenda and are not acting in the best interest of the City of Plainview. In addition I feel when they do depart to act as an individual, they must remember that the citizens of our town do not see them as a citizen, but as a council member. They should act accordingly and behave as a responsible council member. I would also like to add to my Christmas list the following wish, if you do take a side or make comments make sure they are based on fact and not emotion. Remember, the public does not hear you say "I may have been mistaken." Many of you take the responsibility as you should By that I mean you make 5 of 6 informed decisions based on fact and on what is best for our community, not only for the short but for the long term. This elected office does not put you above the law and does not make you an instant expert. So, please do not micro-manage city hall. This is inclusive of all phases of our local government. You are just like all the other citizens with one exception; you are the spokesperson and most importantly remember you are elected. The story of the emperors new clothes is a perfect example of when somebody is told something long enough, they begin to believe it as the truth. As you remember, the emperor was told he was wearing clothes when he was not. I do not want this to happen in our community anymore. There is a time and place to point out the perceived short- comings of our community. With many people perception is reality, but when you are an elected official, you are not afforded that luxury, you are forced to look at all sides and then make your decision and/or comments publicly. Remember, in our society, you must not forget that on many occasions the disease comes dressed as the cure. Thank you for letting me use his Forum to express my views as an individual." Larry Dickerson, Councilmember Precinct 1, stated he wanted entered into the Minutes that four of the houses were approved for loans, had FHA loans numbers assigned to them, before it was determined they were located in a flood plain. 9. 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. (Board of Adjustment, Senior Citizens Commission, Parks Advisory Board). A dosed session was not held. 10. Boards, Committees and Commissions. Consider appointments to: Board of Adjustment, Senior Citizens Commission, and Parks Advisory Board. The application of Nancy Leyendecker for the Parks Advisory Board was reviewed for the Mayor and Council by the City Secretary. Councilmember Ross Owen moved that Ms. Leyendecker be appointed to the Parks Advisory Board. The motion was seconded by Councilmember Roms. Councilmembers Dickerson, Kirchhoff, Rosas, Hutcherson, Owen, McGehee, Favila and Mayor Woods voted in favor of the motion. Ms. Leyendecker was appointed. 11. Adjournment. Councilmember Hutcherson moved the meeting adjourn. His motion was seconded by Councilmember Owen. Mayor Woods adjourned the meeting at 8:25 p.m. Passed and approved on September 9, 1997. Ka~-en McBeth, City Secretary 6 of 6