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HomeMy WebLinkAbout97 0408 min MINUTES CITY COUNCIL MEETING City of Plainview April 8, 1997 The City Council of the City of Plainview, Texas, met in a regularly scheduled meeting on Tuesday, April 8, 1997, in the Council Chambers of the Plainview City Hall at 901 Broadway. The agenda for this meeting was posted in City Hall at 5:00 p.m. on the 31st day of March, 1997. Mayor Lloyd C. Woods called the meeting to order at 7:26 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 R. McGehee, Precinct 6; and Irene Favila, Precinct 7. Staff members presen~ were: James P. Jeffers, City Manager; Wally Hatch, City Attorney; Cindy Gasaway, Main Street Coordinator; John Castro, Director of Community Development; Will Mull, Chief of Police; Gary Glass, Fire Chief; Ches Carthel, City Engineer; Norman Huggins, Director of Finance; Dale Simpson, Director of Civil Service; and M. Shane Harrell, Deputy City Secretary. Guests present were: Betty Adams; Robert Reed; Charles Kay; Margaret Kay; Midge Foster; Glen Chiddix; JoAnn Chiddix; Margaret Hill; Ira Lee Hill; Jerry Adams; Laron Peters; Alice Peters; Lizette Peters; Levi Peters; Rita Robertson; Dean Perry; Karen Noel; Mikel Noel; Marion Hughes; Ruth Faye Pinkerton; Arline R. Rugger; Randy Noel; Justin Ogden; Jeff Green; Henriette Eldred; Alvin Eldred; Martha Hamper; Margaret True; Riley True; Fennely Huffine; Wanda Huffine; David Dean; Billie Dean; R. C. Stevens; Fae Stevens; Randy Lawson; Madge Woods; Billie Whiteside; Tiffin Wortham; Dean Williamson; Claude Lusk; David R. Smith; Dovie Gilleland; John C. Anderson; Gene V. Owen; Jim Ferrell; Madelyn Mills; Franky Mills; Jim Mock; Emmett Tipton; J. David Williams; F. D. Johnson; Max Gabriel; David Wilder; A1 Pardo; Kay Harris; Maurice Hastey; Nell Mayfield; Chad Cain; Scott Bechtold; Dr. Wallace Davis; and Rev. Shane Brue. Members of the news media present were: Danny Andrews and Richard Orr of the Plainview Daily Herald and Phillip Hamilton of the Lubbock Avalanche Journal. At said meeting the proceedings following were had, to wit: 1. The Invocation was given by Councilman Dickerson. 04-08-1997 Minutes Page 1 of 11 The Pledge was led by Mr. Scott Bechtold. 2. Mr. M. Shane Harrell, Deputy City Secretary, read and presented the Proclamation of April as Fair Housing Month to Mr. A1 Pardo, Executive Director of the Plainview Housing Authority. Also read and presented to Ms. Kay Harris of the Hale County Crisis Center was the Mayor's Proclamation pertaining to sexual assault awareness month. 3. The Consent Calendar. a. Approval of Minutes. b. Acceptance of Departmental Reports. c. Approval of expenditures. d. Excuse of absences. e. Second and final reading of Ordinance No. 97-3115--School Zone Speed. An Ordinance of the City of Plainview, Texas, amending Section 24-160 (A) (C) of the Code of Ordinances to remove school zone designation during the hours of 11:30 a.m. and 1:00 p.m. on 12th Street between Fresno Street and Independence Street; Galveston Street between West llth Street and West 13th Street; Houston Street between West llth Street and West 13th Street; Canyon Street between 5th Street and 10th Street; Yonkers Street between 19th Street and 24th Street; 29th Street between Yonkers Street and Amarillo Street; Providing for a penalty; Cumulativeness clause; Conflicts clause; Severability clause; and Effective Date. f. Second and final reading of Ordinance No. 97--3116--Fire Department - Traffic Control. An Ordinance of the City of Plainview amending Ordinance No. 96-3090 to appropriate funds in the 1996-1997 budget for an Opticom Traffic Control System. g. Consider approval of the Clark Subdivision preliminary plat. h. Consider approval of the Kruse Subdivision preliminary combination plat. MOTION Motion by Councilwoman Favila to adopt the Consent Calendar. Seconded by Councilman Hutcherson. The Mayor called for a vote on the motion. Those if favor: Precinct 1, Precinct 2, Precinct 3, Precinct 4, Precinct 5, Precinct 6, Precinct 7, and the Mayor. Those in opposition: No votes were cast. The Motion passed unanimously. REGULAR AGENDA ITEMS 04-08-1997 Minutes Page 2 of 11 4. Second and final reading of Ordinance No. 97-3iii--Closing of Vernon and 8th Streets. An Ordinance amending the zoning map of the City of Plainview, Texas, to allow the closing of Vernon Street between 7th Street and 8th Street; and 8th Street between Raleigh Street and Travis Street; Cumulativeness clause; Conflict clause; Severability clause; and Effective Date. MOTION Motion by Councilman Owen to approve Ordinance No. 97-3111. Seconded by Councilman Hutcherson. Mr. Jim Jeffers, City Manager, clarified two areas of concern for benefit of the Council and citizenry. Councilman Owen, though having a common interest pertaining to the Wayland Baptist University petition for street closure, does not have a conflict of interest despite his father, Gene V. Owen, being on the Board of Trustees for said university. Neither Gene Owen nor his son have a direct financial tie to Wayland. Councilman Owen may still lawfully participate in any deliberation had on the matter and may cast his vote. Secondly, Mr. Jeffers stated that the City has only a very limited potential for liability with the issue of street closure. No one has threatened to sue the City of Plainview due to property devaluation presumed to result from the street closings. As long as reasonable access to the certain property is maintained, courts hold cities to only minimal areas of liability. Mayor Woods set forth the rules of discussion to be followed during the course of the street closing discussion. He welcomed all individuals to speak on the ~ssue. He asked that each member of the audience limit remarks to three (3) minutes. Comments must be addressed to the chair. No discussion between audience members would be allowed. After the public has been given an opportunity to voice concerns, the Council will then take up deliberations. No further remarks, other than clarifications to questions posed by the Council, will be accepted from the public at that time. Mayor Woods then recognized Dr. Wallace Davis of 1307 West 6th Street, President of Wayland Baptist University. Dr. Davis summarized the hope of Wayland for the Council. After 1947 when Wayland began to grow so rapidly, a series of master plans was adopted by the university. The Texas Tech Architectural Group assisted the university in embracing a new vision of expansion. Dr. Davis stressed that he, as the president of the university, is charged with the safety of attendant students. The pedestrian traffic resulting from students crossing 8th Street is a concern. As more buildings are erected, the likelihood of accidents becomes more prone. Dr. Davis also conveyed to the Council that the 04-08-1997 Minutes Page 3 of 11 appearance of a university does much to attract new student recruits. The visual impact of a unified campus greatly fosters matriculation. Dr. Davis reiterated that he and Wayland value Trinity United Methodist Church, as well as its location. He does not believe this issue should be made into a "win/lose" situation. Rather, it is a "win" situation for the City of Plainview. The Mayor then recognized Mr. John C. Anderson of 1308 Itasca, representing the Plainview/Hale County Industrial Foundation. On behalf of the foundation, he urged the Council to ratify its previous action on first reading of the proposed Ordinance by approving the petition for street closure. A growing and prosperous Wayland is good for a vast majority of Plainview residents, tax payers, and businesses. More central to the issue than the potential to add value to certain other properties in Plainview is the need to help Wayland continue training the leaders of tomorrow. The show of support would confirm the Council's belief in the university's importance, as well as the importance of its staff and students. The Mayor then recognized Mr. David Wilder of 300 Lometa. Mr. Wilder expressed his support for the university and drew attention to the great partnership fostered between Wayland and the people of this community. Wayland touches the lives of many economically, professionally, academically, and otherwise. The dramatic increases in the university enrollment only calls to the fore the need for expansion. The Mayor then recognized Ms. Nell Mayfield of 214 Northwest Alpine, representing the Plainview Chamber of Commerce. Ms. Mayfield told of the unanimous support of the Chamber of Commerce Board for the petition at issue, as evidenced by their vote earlier in the day, and urged the Council to take like action. She herself has witnessed the positive endeavors and pursuit of the university in recent weeks. The Mayor then recognized Mr. Chad Cain of Wayland Baptist University, Box 770, President of the Student Body at Wayland. He expressed the excitement of the students regarding the prospect for expansion and the addition of new facilities aimed at their betterment. He, too, realizes the importance of presenting a visually unified campus and sees the need to defragment areas which have grown beyond Wayland's original boundaries. Wayland and the City have grown together through the years. The Council's support of this petition will evidence its continued commitment. The Mayor then recognized Mr. Laron Peters of 1101 Holliday, a representative of Trinity United Methodist Church. Though definitive figures are unavailable, Mr. Peters responded by saying that the members of Trinity are tax payers, pursuers of charitable 04-08-1997 Minutes Page 4 of 11 outreaches, and men and women of commerce. They, too, are important to this community. He voiced his concerns regarding the restricted access, and resultant inconvenience, to the church properties. He drew the analogy of the 24th Street shopping center which dwindled and decayed as traffic and growth patterns shifted. Street closure has a potentially damaging effect in the long term. He cited the heavy usage of 8th Street daily by citizens of the City. He was also concerned about the precedent which would be set if this closure is granted. Mr. Peters countered the remarks of Dr. Davis. He believes that the reputation of a university, the respect of the business community for its degree programs, and the cost of education are all factors which bear more weight in the minds of new student recruits. He asserted that easier means of addressing the safety issue are to be had. Perhaps stop signs and crosswalks could be implemented rather than closing the street altogether. Leaving the street open will not inhibit Wayland's plans for growth or expansion. The Mayor then recognized Mr. Randy Lawson of 508 West 10th Street. Mr. Lawson directed attention to the ripple effect which would result as the average 2,000 cars which daily use 8th Street search for alternate routes. Traffic will become increasingly congested on other streets. He sees the closing of 8th Street as inconveniencing 2,000 citizens of this community and nothing else. The safety concern is not as tantamount because speed on 8th Street is reduced due to the dip in the roadway. The City put the street there for a purpose, namely to be used, and it should allow the citizenry to continue utilizing the street. The Mayor then recognized Ms. Dovie Gilleland of 2903 West llth Street. She cited her usage of 8th Street every morning and evening. It is a good street, in her opinion, and better than most of the other side streets available. Closing of the street will only aggravate traffic congestion on other thoroughfares. She has never encountered a problem with people attempting to cross the roadway. The Mayor then recognized Mr. Frank Johnson of 806 Utica. Mr. Johnson owns the last remaining house not acquired by Wayland in this area. He expressed his concern with regard to property devaluation. Location was central in his decision to make for his family a home there. He sees the potential for increased traffic on Utica, which might result from the street closings, as a hazard for small children. The Mayor then recognized Mr. Randy Noel of 2009 West 18th Street. Mr. Noel said this should not be an issue of doing what is good or bad. It is wrong, he asserts, to help one person or organization at the detriment of another person, organization, or group of 2,000. Street closing maybe good, but it's negative effects are 04-08-1997 Minutes Page 5 of 11 wrong in the grand scheme. The Mayor then recognized Mr. R. C. Stevens of 203 Thomas Boulevard. He owns property adjoining Wayland and the streets at issue. He told of his usage of Vernon Street. He appreciates Wayland and what it has done for the community. He noted that newspaper reports indicated there was no opposition to the street closings. He said that he personally spoke in opposition, either by phone or in person, to at least three members of the Council. He alluded to the others in the City who opposed this petition. He does not approve of the added inconvenience to 2,000 travellers, nor does he see logic in limiting emergency access ways to this area. Allowing Wayland to close this street will only give it more incentive to close more streets in the future, with the power and influence to do just that. Mr. Stevens expressed concern for student safety but noted that the students are adults who can look after themselves. Perhaps, he suggested, the street could be closed during special events only. The Mayor then recognized Mr. Alvin Eldred of 1301 West llth Street, a representative of Trinity United Methodist Church. Mr. Eldred relayed the findings of his research on the issue. He found it curious that Wayland, on the face of it, already anticipates acquiring and building on the church property, as reflected on the maps detailing the proposal. It seems their intentions to eventually swallow the church are quite clear. This massive ownership of land, he feels, allows Wayland to feel entitled to the streets, as well. He believes there are other ways to solve the problems at hand besides closing the streets. Mr. Eldred expressed his extreme concern for the future of the church, especially in light of the uncertainty of actions to be taken by future boards and presidents of Wayland. When Utica Street was closed in 1958, Trinity, faced with the same dilemma, voiced no opposition, and it cost the church. Mr. Eldred stated that the church cannot afford to sit silent this time. The Mayor then recognized Mr. Robert Reed of HCR 2, Box 13, Kress. He said Trinity was a small Methodist church facing the "Baptist Manifest Destiny," encompassing Wayland's presumed divine right to take over. He feels confident that all realize the street closure will have an effect; the effect is just not easily quantified. Trinity United Methodist Church has just as much right to survive in this area as does Wayland. He and the other church members are concerned about future street closings, as Well, which are given rise by this precedent. The Mayor then recognized Rev. Shane Brue of 806 Utica, pastor of Trinity United Methodist Church. Rev. Brue indicated that at least 35 church members were present in the audience and that their presence should count for something. The church and university have maintained courtesy and goodwill throughout this disagreement. He indicated that the church property was already zoned as 04-08-1997 Minutes Page 6 of 11 "University," which reinforces his concerns about being absorbed by Wayland. Despite the church's request for written guarantees ensuring no more street closings, Wayland stands adamant in its refusal. He believes that there are other ways around this issue which would benefit all parties concerned. Mayor Woods suspended audience comments as no one else desired to speak. Councilman Owen spoke on the issue. He recapped three areas of concern to most people: restricted access and resulting property devaluation, shortened life of the church, and the negative precedent which would be set. Councilman Owen, through personal investigation, counts at least five (5) alternate routes to the church property. The inconvenience comes not from the street closing but rather from the forced change of habit. He wondered how many of the 2,000 cars travelling 8th Street were in some way affiliated with Wayland. He speculated that if such a minor inconvenience proved to be the death knell of the church, then the church was not strong to begin with. Councilman Owen believes that the resolve of the congregation is more resolute and will not be deterred by having to take a different path. A growing Wayland has a positive financial impact on the economy of the City. Better things will come to all, even Trinity. Plainview would be a mere dot on the map without Wayland, he stated. He asked those present to imagine the results if the Texas Tech campus was allowed to remain fragmented. Public access is not always beneficial to property value. The petition is positive overall. Councilman Hutcherson asked Mr. Ches Carthel, City Engineer, to clarify the arrangements made fOr emergency vehicles. Mr. Carthel said that widened sidewalks which could support the weight of emergency vehicles are included within Wayland's plans. Also, Wayland has agreed to pay for water run-off and drainage maintenance. Mayor Woods asked Dr. Davis if Wayland would purchase and erect detour signs around the closed areas. Dr. Davis said Wayland would be glad to do so. Councilman McGehee regretted that this has become such a point of controversy. He views it more as granting a request for the benefit of one party at the expense of another. The street closing potentially has too great of a negative impact on Trinity. Councilman Rosas asked Dr. Davis if the property devaluation was a valid point. Dr. Davis asserted that surrounding property values would only increase by enhancing Wayland. Councilman Rosas asked if Wayland would eventually seek to close more streets. Dr. Davis indicated no plans for such would be considered until 2008. He cannot say with definitude that Wayland will never again petition to close streets as he cannot commit future presidents and boards 04-08-1997 Minutes Page 7 of 11 of the institution. Councilman Rosas asked Rev. Brue for his reaction. Rev. Brue stated that such action will devalue church property. The year 2008 is not that far in the future, Rev. Brue stated. The incentive to close more streets will be enforced by ratification of the petition tonight. Councilman Rosas after investigating further since the last meeting believes that the City will be the winners if Wayland thrives. The Police Chief and Fire Chief see no problem with emergency situation arrangements. Wayland and Trinity can both choose to work together and make a difference. Councilwoman Favila asked Mr. Carthel if traffic studies had been made. The City Engineer speculated that most traffic would shift to 10th Street and/or 6th Street, and likewise to Yonkers Street and/or Quincy Street, depending on the direction of traffic. At this time Mayor Woods called for a vote by poll on the motion. The votes cast were as follows: Precinct 1 Yes Precinct 5 Yes Precinct 2 Yes Precinct 6 No Precinct 3 Yes Precinct 7 Yes Precinct 4 Yes Mayor Yes The motion carried by a vote of seven to one. Mayor Woods called for a recess at 8:43 p.m. The meeting was again called to order at 8:55 p.m. with the same Officers of the City present. 5. Or4inance 97-3114--$.A.F.E. Program, an Ordinance of the City of Plainview amending Ordinance No. 96-3090 to appropriate funds in the 1996-1997 budget for the S.A.F.E. summer youth recreation program. MOTION Motion by Councilwoman Favila to approve Ordinance No. 97-3114 on this its second reading. Seconded by Councilman Dickerson. Councilman Owen expressed his reservations with regard to this program, as well as with the appropriation of tax dollars to fund it. He maintains philosophical differences with the program and with its structural organization. Yet, he feels a unified front on behalf of the Council would send a stronger message. Mayor Woods called for a vote on the motion. 04-08-1997 Minutes Page 8 of 11 Those in favor: Precinct 1, Precinct 2, Precinct 3, Precinct 4, Precinct 5, Precinct 6, Precinct 7, and the Mayor. Those in opposition: No votes were cast. The motion passed unanimously. 6. Resolution R97-103, a resolution of the City of Plainview authorizing participation in the Plainview's Clean Cities 2000 program. MOTION Motion by Councilman McGehee to approve Resolution R97-103 as presented. Seconded by Councilman Owen. Mr. Carthel explained that participation in this program, established by the Governor of Texas, is voluntary. It merely recognizes municipalities which excel in their recycling efforts. The City would have to establish a recycling goal of 50% as compared to the baseline figures of 1992. The City stands to gain a fair amount of positive publicity by participating. The State will provide signs which may be posted at entrances to the City limits. Participation would further assist the City in attempts to obtain various other grants. Councilman McGehee asked if any funding was involved with the program. Mr. Carthel said that no financial support or obligation would be incurred. Mayor Woods called for the vote on the motion. Those in favor: Precinct 1, Precinct 2, Precinct 3, Precinct 4, Precinct 5, Precinct 6, Precinct 7, and the Mayor. Those in opposition: No votes were cast. The motion passed unanimously. 7. Consider approval of the preliminary plat on Westview Estates. MOTION Motion by Councilman Rosas to consider approval of said plat. Seconded by Councilman Hutcherson. Mr. Carthel indicated that this preliminary plat is located North of US 70 and West of Westridge Road. The Planning and Zoning Commission approved this plat Thursday, April 3, 1997. A portion of 16th Street would have to be renamed to an alley. Alley cutbacks would have to be provided, in accordance with the Subdivision Ordinance. And, the provisions and easements accorded the Canadian River Municipal Water Authority would have to be recorded on the plat itself. 04-08-1997 Minutes Page 9 of 11 Mr. Maurice Hastey of 3200 North Columbia seeks to establish this plat for mobile home estates. These homes will draw people to Plainview and will prove beneficial to the economy. Councilman McGehee asked what types of structures would be constructed thereon. Mr. Hastey indicated only mobile homes would be. The restrictions on that, he said, are rather specific, with one (1) home per one-half (1,/2) acre lot with option for erection of a garage or workshop. Councilman Owen asked if this was still at the preliminary stage. Mr. Carthel indicated that it is, in fact, at that point in the process. Mayor Woods called for the vote on the motion. Those in favor: Precinct 1, Precinct 2, Precinct 3, Precinct 4, Precinct 5, Precinct 6, Precinct 7, and the Mayor. Those in opposition: No votes were cast. The motion passed unanimously. 8. Consider amending the City Council Open Forum Policy. MOTION Motion by Councilman McGehee to approve the policy as submitted by the Mayor. Seconded by Councilman Dickerson Mayor Woods summarized his proposal. The revision would eliminate the sign-up requirement of the current Open Forum Policy. He personally feels this discourages citizen participation. Councilwoman Kirchhoff said that she certainly did not want to exclude any member of the public from participating. She commended the Mayor for his generosity and courtesy in this regard. She believes, however, that most comments raised by citizens could not be answered during a meeting anyway. Problems should be referred to the specific Department Head in whose jurisdiction it falls. It is in the department that records are immediately at hand. She questioned the appropriateness of the time and frequency requirements. So many avenues are already available to the citizens who wish to voice complaints or concerns. Councilman Rosas expressed concerns about the potential for abuse of the time and frequency provisions. MOTION TO AMEND THE MOTION CURRENTLY ON THE FLOOR Motion by Councilman Rosas to amend the Mayor's proposal, changing the thirty (30) minute allotment to fifteen (15) minutes per council meeting. 04-08-1997 Minutes Page 10 of 11 Seconded by Councilwoman Favila. The Mayor called for a vote on the motion to amend. ~hose in favor: Precinct 1, Precinct 2, Precinct 3, Precinct 4, Precinct 5, and Precinct 7. Those in opposition: Precinct 6 and the Mayor. The motion passed by a vote of six to two. Councilman McGehee held reservations on the policy, seeing it as an opportunity to appear unprepared before the public. The Mayor then called for a vote on the proposed changes to the City Council Open Forum Policy, as the policy now stands amended. Those in favor: Precinct 1, Precinct 3, Precinct 4, Precinct 5, Precinct 6, Precinct 7, and the Mayor. Those in opposition: Precinct 2. The motion passed by a vote of seven to one. MOTION Motion by Councilman Hutcherson to move into closed session deliberations. Seconded by Councilman Rosas. Those in favor: Precinct 1, Precinct 2, Precinct 3, Precinct 4, Precinct 5, Precinct 6, Precinct 7, and the Mayor. Those in opposition: No votes were cast. The motion passed unanimously. The City Council moved into closed session deliberations at 9:18 p.m. to consider: The appointment, employment, evaluation, reassignment, duties, removal, discipline or dismissal of a public officer of employee, board, commission, or committee member, or to hear complaints or charges as pertain to the Board of Adjustment, Building/Fire Code Board oS Appeals, Senior Citizens Commission, and Acting City Managers, as authorized by Tex. Gov. Code Ann. § 551.074 and § 551.075. The purchase, exchange, lease, or value of real property or negotiated contract for prospective gift regarding 109 West 9th Street, Plainview, Texas, as authorized by Tex. Gov. Code Ann. § 551.072 and § 551.073. The City Council resumed open session deliberations at 9:43 p.m. 11. Boards, Committees and Commissions. No action was taken. 04-08-1997 Minutes Page 11 of 11 12. 109 West 9th Street, Plainview, Texas. This item was passed to a future agenda for further deliberations. 13. Appointment of Acting City Manager(s). MOTION Motion by Councilman Owen for the appointment of Norman Huggins as the First Acting City Manager, to act in the place and stead of the City Manager and to carry on the duties appertaining thereto in his absence, with Wally Hatch serving as the Second Acting City Manager, and with John Castro as the Third Acting City Manager. Seconded by Councilman Rosas. The Mayor called for the vote on the motion. Those in favor: Precinct 1, Precinct 2, Precinct 3, Precinct 4, Precinct 5, Precinct 6, Precinct 7, and the Mayor. Those in opposition: No votes were cast. The motion passed unanimously. MOTION Motion by Councilman Dickerson to adjourn. Seconded by Councilman Hutcherson. The Mayor called for the vote on the motion. Those in favor: Precinct 1, Precinct 2, Precinct 3, Precinct 4, Precinct 5, Precinct 6, Precinct 7, and the Mayor. Those in opposition: No votes were cast. The motion passed unanimously. Mayor Woods adjourned the meeting at 9:44 p.m. PASSED AND APPROVED on the ~ day of April, 1997. ? City Secretary 04-08-1997 Minutes Page 12 of 11