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HomeMy WebLinkAbout97 0513 min MINUTES CITY COUNCIL MEETING City of Plainview May 13, 1997 The Plainview City Council held a meeting at 7:30 P.M., Tuesday, May 13, 1997, in the Council Chambers of the Plainview City Hall at 901 Broadway, Plainview, Texas. The Council met in Pre-Session at 7:00 P.M. Action may be taken on each agenda item. Mayor Lloyd Woods presided at the meeting. Present were Council members Larry Dickerson - Precinct 1, Mary Virginia Kirchhoff- Pr~:inct 2, Rey Rosas - Precinct 3, Mike Hutcherson - Precinct 4, Ross Owen - Precinct 5, Bobby R. McGehee - Precinct 6, Irene Favila - Precinct 7. Staff members present were: Jim Jeff`ers - City Manager, Gary Glass - Chief of Fire Department, John Castro - Director of Community Services, Cindy Gasaway - Main Street Coordinator, John Berry - Assistant Director of Public Works, Dale Simpson - Civil Service, Norman Huggins - Director of Finance, V~rtll Mull - Chief of Police, Wally Hatch - City Attorney, Tina Davis - Deputy City Secretary, and Karen McBeth - City Secretary. News media present were: Phillip Hamilton - LubbOck Avalanche Journal and Richard Orr - Plainview Daily Herald. OPEN MEETING: Invocation - The Honorable Rey Rosas Pledge of Allegiance - Boy Scouts Recognitions - Proclamation declaring May 12 -16, 1997, as Law Enforcement Week, in recognition of the Law Enforcement personal employed by the City of Plainview. Consent Calendar - Councilmember McGehee moved to approve the Consent Calendar as presented. Councilmember Owen seconded the motion. The motion carried unanimously among the Councilmembers from Precincts 1, 2, 3, 4, 5, 6, 7 and the Mayor. a) b) c) d) e) f) Minutes were approved. Departmental Reports were approved. Expenditures were approved. No Excused Absences were requested. Budget Amendment Fleet Services Ordinance No. 97-3117. An Ordinance of the City of Plainview amending Ordinance 96-3090 to appropriate funds in the 1996-1997 budget for the purchase of lubricating equipment. Second reading. The Ordinance was approved. Consider approval of final plat o£Westview Estates. The plat was approved. g) Consider award of bids for Solid Waste department. *30 cu yd - Side Load Packer Body Award - Davis Truck & Equipment, Dallas, Texas - $36,880 No Other Bids *33 cu yd - Side Load Packer Body Award - Davis Truck & Equipment, Dallas, Texas - $38, 845 No Other Bids *35 cu yd - Front Load Packer Body Award - Bridgeport Truck Mfg, Bridgeport, Texas - $45,799 Other Bids: Davis Truck & Equipment, Dallas, Texas - $47,998 Industrial Disposal Supply, Plano, Texas - $57,060 REGULAR AGENDA ITEMS 4. Precinct Five Open Meeting. Councilmember Owen held an Open Meeting for Precinct Number Five. No constituents present wished to speak and the Precinct Open Meeting was closed. 5. Consider Ordinance 97-3118 - Plumbing Code Exempted Activity First Reading. Councilmember Owen motioned that Ordinance 97-3118 be tabled. Councilmember McGehee seconded. The motion carried unanimously among Precincts 1, 2, 3, 4, 5, 6, 7 and the Mayor. 6. Consider Ordinance 97-3119 - Zone Case 638 - First Reading. Councilmember Owen motioned that Ordinance 97-3119 - Zone Case 638 be approved. Councilmember McGehee seconded. The motion carried unanimously among Precincts 1, 2, 3, 4, 5, 6, 7 and the Mayor. 7. ' Consider award of bid for construction of landfill cell 1-C. Councilmember Owen motioned that the bid for construction of landfill cell 1-C be awarded. Councilmember Hutcherson seconded. Jim Jeffers, City Manager, spoke on behalf of Ches Carthel, Director of Public Works, regarding the award of the bid for construction to the lowest responsible bidder, Big D Liners of Midland, Texas, with a bid of $402,618.84. The motion carried unanimously among Precincts 1, 2, 3, 4, 5, 6, 7 and the Mayor. Other bids received were: Falcon Environmental, Odessa, Texas - $424,553.33; CCC Group, San Antonio, Texas - $517,200.00; Foster Wheeler, Houston, Texas - $534,359.22. 8. Consider request from YMCA to increase admission rates for the 16th Street Swimming Pool. This request was withdrawn. 9. Consider appeal by Johnny and Rosa Salinas of decision of Planning and Zoning Commission for a plat waiver, 3200 Block of North Canyon. Councilmember Kirchhoff abstained from participation in the deliberation and voting of this matter due to a conflict of interest. Councilmember McGehee motioned to grant a plat waiver to Johnny and Rosa Salinas. Councilmember Favila seconded. John Castro, Director of Community Services presented to the Council the facts, to-wit: the Salinas' moved a residence into an area zoned M-1. The area is not zoned for residences and the Planning and Zoning Commission denied the Salinas' request for a plat waiver based upon the need for road and utility easements. Rosa Salinas, 102 Oak, Plainview, Texas, addressed the Council by reading a prepared statement requesting that the decision of the Planning and Zoning Commission be overturned so that they may reside on the property. Clinton Walls, Vice President of High Plains Concrete - 3303 Grandview, Plainview, expressed opposition to a plat waiver because access to the Salinas' prope~.y is heavily trafficked by trucks. The motion failed among Precincts 1, 3, 4, 5, 6, with Precinct 2 abstaining and Precinct 7 voting in favor of a plat waiver. 10. Consider accepting ownership of Austin Heights Community Center from Plainview Independent School District; declaring such surplus property; and transferring ownership to Austin Heights Community Center Board of Directors. Councilmember Favila motioned that the matter of the ownership of Austin Heights Community Center be tabled. Councilmember Owen seconded. The motion carried unanimously among Precincts 1, 2, 3, 4, 5, 6, 7 and the Mayor. 11. Consider electing Mayor Pro Tempore. Councilmember Kirchhoff motioned that Councilmember Mike Hutcherson be elected Mayor Pro Tempore. Councilmember Owen seconded. The motion carried unanimously among Precincts 1, 2, 3, 4, 5, 6, 7 and the Mayor. Mike Hutcherson took his Oath of Office as Mayor Pro Tempore. 12. Con, sider award of bids on Group Health Insurance. Councilmember Owen abstained from participation in deliberation and voting in this matter on the grounds of a conflict of interest. Norman Huggins, Director of Finance, presented to the Council proposals for Group Health Insurance. TML Risk Pool and four agencies representing Blue Cross/Blue Shield made the lowest monetary bids. In considering the lowest responsible bid, TML Risk Pool does not provide St. Mary's Hospital in their PPO network and the TML Risk Pool proposal would provide for a premium increase for the retired and former employees that have opted to stay on City insurance and pay the premium. Therefore, Mr. Huggins suggested that the Council take notice of the four bids submitted from agencies representing Blue Cross/Blue Shield. Each of the cartier representatives in the audience were allowed to make a 3-5 minute presentation, to-wit: Floyd Pricer- TML, Lubbock; Jeff Fowler- Blue Cross/Blue Shield, Lubbock; Will Ashmore - Ashmore Agency, Lubbock; Jim Posey - Posey Agency, Plainview; Mark Warren - Morgan Eves Agency, Plainview; Frank Diaz - Chamber of Commerce, Plainview. Discussion followed the presentations regarding the correct legal interpretation of "lowest responsible bidder". The Ashmore Agency, Lubbock, proposed the lowest monetary bid, the difference between the lowest monetary bids being approximately $600, with the second lowest monetary bid being the Posey Agency, Plainview. Councilmember McGehee requested that City Attorney Wally Hatch make a brief statement to the Council regarding the statutory provision for "lowest responsible bidder". Mr. Hatch informed the Council that when making a decision to accept a bid in a competitive bidding situation, the lowest responsible bidder does not necessarily mean lowest monetary bidder. However, Mr. Hatch cautioned the Council that local preference may not be a factor in accepting a competitive bid. The only means by which to override'the lowest monetary bidder would be to evaluate the service in terms of transportation costs not ;included in the bid, safety record of the bidder and any other subsequent benefit afforded by a bidder. The Council was also informed that if they did not accept the lowest monetary bid and if there are no obvious or quantifiable mitigating circumstances, the decision could be subject to challenge and judicial review. The Council found that the difference between the Ashmore Agency bid and the Posey Agency bid could be quantified in terms of convenience, service, travel and phone usage. Councilmember Rosas motioned that the bid from the Posey Agency, Plainview be accepted. Councilmember McGehee seconded. The motion passed unanimously among Precincts 1, 2, 3, 4, 6, 7 and the Mayor with Precinct 5 abstaining. 13. Ordinance 97-3120 Uniform Mechanical Code - First Reading. Councilmember Dickerson motioned that Ordinance 97-3120 be approved. Councilmember Hutcherson seconded. John Castro, Director of Community Services presented to the Council a proposed. Ordinance to adopt a Uniform Mechanical Code. Robert Edwards, 1503 West 24th Street, Plainview, addressed the Council by expressing his disapproval of a Mechanical Code based upon the restrictions it would place on the citizens of Plainview. David Julian, 2904 West 21st Street, Plainview, spoke in favor of the proposed ordinance based upon inspection acceptance by FHA. Councilmember Owen motioned for the question. Councilmember Rosas seconded. The question was posed by the Mayor and the motion failed among Precincts 1, 2, 3, 4, 6, 7 with Precinct 5 and the Mayor voting in favor of the ordinance. * Councilmember Rey Rosas requested that he be excused from the remainder of this session. An excused absence was granted by the Mayor. 14. Ordinance 97-3121 Fire/EMS Pay - First Reading. Councilmember McGehee motioned that Ordinance 97-3121 be approved. Councilmember Hutcherson seconded. Norman Huggins, Director of Finance, presented a proposal to create step-pay parity, or equality in pay, between the Fire/EMS Department and the Police Department. The motion carried unanimously among Precincts 1, 2, 4, 5, 6, 7 and the Mayor. 15. Zone Case 639 - Ridgcrest Addition - C-2 to R-2 - First Reading. John Castro, Director of Community Services stated that the Planning and Zoning Commission recommended the approval of Zone Case 639 by the Council. Steve Rogers, 1110 Ennis, Plainview, stated that the property would be sold for development and deed restrictions would be levied in order to assure homes comparable to the surrounding development. The motion carried unanimously among Precincts 1, 2, 4, 5, 6, 7 and the Mayor. 16. Open Forum. Hear citizens requests and comments per Open Forum Policy. Frank Diaz, representing Crime Stoppers, expressed the need for video equipment installation in Plainview Police Department Units. Mr. Diaz requested that the Council take under advisement the funding of said investment. Rafel Lopez, 1101 Winchell Street, Plainview, addressed the Council regarding the Housing Authorky. Mr. Lopez requested that the Council share with the Housing Authority its ideas for economical housing in Plainview. 17. Closed Meeting. 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. (Board of Adjustment, Building/Fire Code Board of Appeals, Senior Citizens Commission). This meeting is authorized by TEX. GOVT. CODE ANN. {}551.074, 551.075 (VERNON 1996). No Closed Session was held. 18. Consider appointments to: Board of Adjustment, Building/Fire Code Board of Appeals, Senior Citizens Commission. Councilmember McGehee motioned that Randy Noel be appointed to the Board of Minimum Housing. Councilmember Owen seconded. among Precincts 1, 2, 4, 5, 6, 7 and the Mayor. PASSED and APPROVED on May 27, 1997. The motion carried unanimously Cit3) Secretary