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HomeMy WebLinkAbout97 0325 min MINUTES CITY COUNCIL MEETING City of Plainview March 25, 1997 The Plainview City Council met at 7:30 p.m., Tuesday, March 25, 1997 in the Council Chambers of the Plainview City Hall at 901 Broadway. Mayor Lloyd C. Woods presided. 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. Action may be taken on each agenda item. Staff members present were: Jim Jeffers-City Manager, John Castro-Director of Community Services, Wally Hatch-City Attorney, Dale Simpson-Civil Service Director, Ches Carthel-Director of Public Works, Cindy Gasaway-Main Street Coordinator, Gary Glass-Fire Chief, William Mull- Police Chief, Pat Hernandez-Municipal Judge, and Karen McBeth-City Secretary. News media present: Richard Orr-Plainview Daily Herald, Phil Hamilton-Lubbock Avalanche Journal and Wayland Baptist University television crew. OPEN MEETING 1. InvOCation - The Honorable Irene Favila Pledge of Allegiance - Boy Scouts 2. Recognitions - Mayor Woods presented Certificates of Appreciation to Dusty Balderas, Justin Ogden and Derrick Brewer. Chief' of Police William Mull introduced members of the Plainview Police Department who recently received promotions: Michael Carroll was promoted to Captain, Willie McGee was promoted to Lieutenant, and Forrest Chapman and Manuel Balderas received promotions to Sergeant. 3. Consent Calendar - Councilmember Ross Owen moved to approve the Consent Calendar as presented. Councilmember Mike Hutcherson seconded the motion. The motion carried by affirmative votes from all seven Councilmembers and the Mayor. a) Minutes of the March 6, 1997 Work Session and the March 11, 1997 City Council meeting were approved. Departmental Reports monthly reports were approved. Expenditures were approved. Excused Absences - None were required. b) c) d) lof6 e) Ordinance No. 97-3113. Building Code - Windows. An ordinance amending the City of Plainview Code of Ordinances, Chapter 6, amending Section 6-6 and 6-17; Cumulativeness clause; Conflict clause; Severability clause; And effective date. Second reading. Passed and approved. f) 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 1 lth Street and West 13th Street; Houston Street between West 1 lth Street and West 13th Street; Canyon Street between Fifth Street and Tenth 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. First reading. Passed and approved for first reading. g) 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. First Reading. Passed and approved for first reading. h) Bids. Consider award of bid for asphalt and gravel for the 1997 seal coat season. Bids for asphalt were received from Kerr Construction Company of Lubbock in the amount of $72,000.00; and Fina Oil & Chemical Company of Dallas, Texas in the amount of $61,200.00. The bid was awarded to Fina Oil & Chemical for $61,200. Bids for gravel were received from Vega Sand & Gravel of Vega, Texas for $71,400 ($21 @ ton); Trans-Pecos Materials of Midland, Texas for $81,770 ($24.05 @ ton); and Thrashers, Inc. of Plainview, Tx for $59,500 ($17.50 @ ton). The bid was awarded to Thrashers, Inc. for $59,500 ($17.50 per ton). REGULAR AGENDA ITEM,~ 4. Ordinance No. 97-3112. An Ordinance of the city of Plainview, amending Chapter 25, Article II, Section 25-41, entitled "Water Rates, Billing" of the Code of the City of Plainview, Texas, and establishing an effective date. Second reading. Councilmember Ross Owen moved to approved Ordinance No. 97-3112. Councilmember Mike Hutcherson seconded the motion. The City Manager said this ordinance was very stra/ghtford and raised the basic water rate by. 14 cents per thousand gallons. This increase is to provide revenue for water treatment plant repairs and for the cost of bringing more water from the Canadian River MUnicipal Water Authority into the city. There was no discussion. Councilmembers from Precincts 1, 2, 3, 4, 5, 6, 7 and the Mayor voted to approve the ordinance. 5. Ordinance No. 97-3111. Closing of Vernon and 8th Street: 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 and Travi's Street; Cumulativeness clause; Conflict clause; Severability clause; And effective date. First reading. Councilmember Rey Rosas made a motion to approved Ordinance No. 97-3111. The motion was seconded by Councilmember Hutcherson. Dr. Wallace Davis, President of Wayland Baptist University showed slides of the area on the Wayland Campus where the streets described in the ordinance are and how they will appear if they are allowed to be closed. Dr. Davis said this will improve the Wayland's ability to recruit students by improving the look and feel of the campus. He said that after the last improvements made to the campus, freshman enrollment increased by 26%. By closing both of the streets, students will be safer and the university will be able to plant more grass and vegetation, thereby improving the looks of the campus. The slides demonstrated where new buildings will be built. The long range plan, and closing off these streets, will unify the campus. Dr. Davis said there are two problems that will have to be addressed however; .drainage of water and emergency vehicle accessibility. Dr. Davis assured the Council that these will be adequately solved to the satisfaction of the City. Dr. Davis said Wayland has long tried to improve the relationship with the community and felt the university and the city had developed a good partnership. Several citizens spoke in favor of the street closing. John Anderson spoke on behalf of the Industrial Foundation, saying the Foundation supported the proposed street closing and campus changes wholeheartedly. David Wilder, 300 Lometa, gave an overview of Wayland's history in the community. He said the university was an important and positive member of Plainview's overall economy. He said the more young people who came to Plainview to attend Wayland, the more Plainview would grow and prosper. Gene Owen, Trustee of the Board of Wayland, spoke in favor of the street closing plan. He said it is part of a forty year plan which began in 1983. He encouraged the Council to approve the request to close the two streets. Mayor Woods asked if anyone wished to speak against the street closing. Shane Brue, Pastor of Trinity United Methodist Church, located at 806 Utica, said the proposed street closing would be bad for Trinity United Methodist Church. He said Trinity owns land directly effected by the street closing. It will restrict access to church buildings and surrounding property which is owned by the church. He said it would decrease their visibility for visitors and prospective members and might decrease the property value. He said that even When Wayland is on break, these streets are still quite busy. These streets move about 2,000 cars a day on 8th Street and over 1,000 cars a day on Vernon. The proposal will severly limit through traffic. He said closing streets sets a bad precedent and could easily cause traffic problems for adjoining through streets. He said this ordinance only benefits Wayland. Rev. Earl Blair, District Supervisor of the Methodist Church spoke against closing off these two 3of6 streets. He said that while it might benefit Wayland, it might very well close the Trinity United Methodist Church. He said the street to the church is its lifeline. He asked the City Council to consider keeping these streets open. Mayor Woods thanked those who spoke both in favor of, and against the street closing ordinance. He said that many times the Council is called upon to make hard decisions that do not always please everyone. Councilmember Ross Owen asked for clarification of the streets that would be closed off. John Castro, Director of Community Services, reviewed these for him. Councilmember Irene Favila asked who did the traffic study. Ches Carthel, Director of Public Works, said the City of Plainview did. Councilmember McGehee asked what Wayland buildings would be adversely affected if the streets were not closed. Dr. Davis said the new dormitory buildings and the proposed grass and walkway through the campus. Councilmember Hutcherson asked if other colleges have asked for this same type street cloSure. Dr. Davis said that many universities and colleges run into this same problem and have asked cities for unified campuses by closing streets. Councilmember Rosas asked if it necessary to close both streets. Dr. Davis said yes, very necessary. Councilmember Owen said the points made by those representing Trinity United Methodist Church need to be addressed, but that the property might increase in value. He also said that Wayland was a very valuable asset to Plainview and must be supported. Councilmember Rosas said he would like to have more answers concerning the adverse effect it might have on the church and moved to table this item until more information could be gathered. Councilmember Favila seconded the motion. Councilmembers Rosas, McGehee and Favila voted in favor of the motion to table. Councilmembers Dickerson, Kirchhoff, Hutcherson, Owen and Mayor Woods voted against the motion. The motion failed. On the motion to approve, Councilmembers from Precincts 1, 2, 4, 5, and the Mayor voted in favor of the motion. Councilmembers from Precincts 3, 6 and 7 voted against the motion. The ordinance carried for its first reading. 6. S.A.F.E. - Summer Recreation. Consider entering an agreement with the YMCA for operation of the 1997 S.A.F.E. program. Councilmember Irene Favila moved to enter into an agreement with the YMCA for the purpose of operating the S.A.F.E. program for the summer of 1997. Councilmember McGehee seconded the motion. Richard Galle, Executive Director of the YMCA, gave a brief presentation related to the Y's willingness to be the operating agency of the S.A.F.E. program this summer, providing there are enough funds, workers and physical sites with food service to effectively and safely operate the program. Mayor Woods asked if the YMCA had adequate liability insurance to cover this type of program. Mr. Galle said it would require additional coverage, but it will be provided. Mayor Woods asked if there would be background checks run on the workers and supervisors. Mr. Galle said this would definitely happen. Mr. Galle said that with the promise of the $5,000 from Hale County and if the City gave $20,000, and the other entities (schools, M.E.T.) gave food service and assistance, and they could charge $2.00 per child per day, the YMCA would be glad to operate 4of6 the program. However, he said if all of these things did not fall into place, the Y would not operate it because he did not believe it to be a safe program. Councilmembers from Precincts 1, 2, 3, 6, 7 and the Mayor voted in favor of the motion. Councilmembers from Precincts 4 and 5 voted against it. The motion to enter into an agreement passed. 7. Ordinance No. 97-3114. S.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. First reading. Councilmember Favila moved to approve Ordinance No. 97-3114. The motion was seconded by Councilmember Rosas. Councilmember McGehee said he would like to see the final committment from all parties to be involved in the S.A.F.E. program before the money was appropriated. Mr. Jeffers said that even with the money appropriated, it would not be expended until the contracts were signed. Councilmember Favila assured the Mayor and Council that all the entities involved have committed to the project. Councilmembers from Precincts 1, 2, 3, 6 7, and the Mayor voted in favor of the project. Councilmembers from Precincts 4 and 5 voted against it. The ordinance was approved for the first reading. 8. Review and public comment on the City of Plainview Curfew Ordinance for minors. Consider to continue, modify or repeal. Chief of Police William Mull told the Mayor and Council that he had visited with school officials, court officials and numerous citizens regarding the current youth cUrfew and they had all endorsed continuing it as it is now. The curfew is 11:00 p.m. Sunday through Thursday, and 12:00 midnight Friday and Saturday. Councilmember Ross Owen moved to leave the curfew as it is. Councilmember Favila seconded the motion. All seven Councilmembers present and the Mayor voted in favor of the motion. The motion carried. 9. Resolution No. R97-102. A Resolution of the City of Plainview, Texas, authorizing the submission of a Texas Community Development Program application to the Texas Department of Housing and Community Affairs for the Community Development Fund; And authorizing the Mayor to act as the City's executive officer; And authorized representative in all matters pertaining to the City's participation in the Community Development program. Councilmember Ross Owen moved to approve the resolution. Councilmember Hutcherson seconded the motion. Director of Community Services John Castro explained that the grant is for $250,000. The City will have to give $64,600 from the general fund and in-kind services of $50,400 in engineering and administrative services. The Mayor and all sex;en Councilmembers voted in favor of the resolution. It passed unanimously. 10. Open Forum. Hear citizens requests and comments per Open Forum Policy. No one spoke during this portion of the meeting. 11. Closed Session. Deliberate the appointment, employment, evaluation, reassignment or 5of6 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. GOV. CODE ANN. §551.074, 551.075 (Vernon 1996)]. A closed session for this purpose was not held. 12. Boards, Committees and Commissions. Consider appointments to: Board of Adjustment, Building/Fire Code Board of Appeals, Senior Citizens Commission. No appointments were made. ADDENDUM TO AGENDA This addendum is to the City Council Agenda for the meeting of March 25, 1997. 12a. Closed Session. Deliberate the purchase, exchange, lease, or value of real property or negotiated contract for prospective gift regarding 109 West 9th St., Plainview, Texas. This meeting is authorized by [TEX. GOV. CODE ANN. § 551.072, 551.073 (Vernon 1996)]. The Mayor and Council met in closed session at 9:00 p.m. The Council reconvened in open session at 9:22 p.m. 12b. 109 West 9th St. Consider action on the purchase, exchange, lease, or value of real property or negotiated contract for prospective gift. No action was taken. 13. Adjournment. Councilmember Rey Rosas moved the meeting adjourn. Councilmember Mike Hutcherson seconded the motion. The motion carried unanimously and Mayor Woods declared the meeting adjourned at 9:24 p.m. Passed and approved on April 8, 1997. Ka)en McBeth, City Secretary 6 of 6