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HomeMy WebLinkAbout96 1008 min,,\ ~~. MINUTES CITY COUNCIL MEETING City of Plainview October 8,1996 The Plainview City Council held a meeting. at 7:30 p.m., Tuesday, October 8, 1996 in the Council Chambers of thePlainview City Hall at 901 Broadway. The Council met in Pre-Session at 7:00 p.m. The agenda and notice of this meeting was posted in City Hall on October 1, 1996, at 5:00 p.m. Mayor Woods presided at this meeting with Councilmembers Mary Virginia Kirchhoff-Precinct 2, Mike Hutcherson-Precinct 4, Ross Owen-Precinct 5, Bobby R. McGehee-Precinct 6 and Irene Favila- Precinct 7 in attendance. Staff members .present were: Jim Jeffers-City Manager, John Castro-Director of Community Services, Wally Hatch-.City Attorney, Ches Carthel-Director of Public Works, Cindy Gasaway-Main Street Coordinator, William' Mull-Interim Police Chief and Karen McBeth-City Secretary. News media present:. Richard Orr-Plainview Daily Herald, Steve Barrett-Lubbock Avalanche Journal and the Wayland Baptist University television crew. OPEN MEETING 1. Invocation`- The Honorable Mary Virginia Kirchhoff Pledge of Allegiance 2. Recognitions -Alton Jackson Sr., who served as Councilmember of Precinct 1 for ten years prior to .his recent resignation was recognized. by Mayor Woods. He was presented a plaque of appreciation and his picture, what has. hung in the foyer of City Hall for ten years. Members. of the public, as well as each Councilnember spoke. in praise and appreciation of Mr, Jackson, citing his many years of dedicated .service to the City of Plainview. Oath of Office -City .Manager Jim Jeffers took the Oath of Office of Michael Shane Harrell, who will assume the duties of Deputy City Secretary. 3. Consent Calendar =Councilmember Ross Owen made the. motion to approve the Consent Calendar as presented. Councilmember Irene Favila seconded the motion: The Mayor and all five Councilmembers present voted in favor of the motion. The Consent Calendar was approved. a) Minutes were approved. b) Departmental Reports were accepted. c) Expenditures were approved.' 1 of 5 y d) TMRS -Personnel -TMRS Rate of Deposits. Ordinance No. 96-3095. An .Ordinance to increase the rate of deposits to the Texas Municipal Retirement .System by the employees of .the City of Plainview, Texas. Second and Final Reading. The ordinance was approved. e) TMRS -Personnel -'Updated Service Credits. Ordinance No. 96-3096. An Ordinance authorizing .and allowing, under the act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are in the employment of the City of Plainview; Providing for increase prior and current service annuities for .retirees and beneficiaries of deceased retirees of the city; And. establishing an effective date for the ordinance. Second and Final Reading. The ordinance was approved. fl Waste Water Treatment Chemicals. Consider. a trial period for treatment chemicals at the waste water treatment plan by GT Environmental. Approval .was given to try the chemical treatment as recommended by Staff. g) Bids.. Consider award of bid for five police cars... One timely bid was received from Jack Morris. Ford in the amount of $19,445.00 for each police car, with a total bid of $97,225.00. An alternate purchase was available from. Hilltop Ford of $96,765.00 but did not include owner's manuals, parts books, and training manuals. The bid was awarded to Jack Morris Ford for $97,225.00. h) Police -Agreement. Consider renewal of agreement between SPRN Task Force and the Plainview Police Department.. The SPRN Task Force agreement was renewed. i) Health Department -Consider authorizing the Mayor to sign contracts with the Texas Department of Health for reimbursements for personnel. Mayor Woods was authorized to sign said contracts. j) Records. Management Plan -Ordinance No. 96-3.098. An Ordinance of the City of Plainview, Texas, establishing an active and continuing records management program to be administered by a records management officer. First Reading. The first reading was approved. REGULAR AGENDA ITEMS 4. Zone Case 633 (501-505 Canyon). Ordinance No. 96-3097. An Ordinance amending the zoning map of the City of Plainview, Texas to rezone property located from 501 to 505 Canyon from C-3 to R-1; Cumulativeness clause; Conflicts clause; Severability clause; -And effective date. Second 2 of 5 '` and Final Reading.. Councihnernber Bobby McGee made a motion,. which was seconded by Councilmember Mike Hutcherson, to approve Ordinance NO. 96-1097. Director of Community Services John Castro reviewed. the Zone Case and proposed ordinance, stating it was a residential area which was mistakenly changed to commercial zoning at the time the Comprehensive Plan was done, :and this request was to correct this. error. The Mayor and all five Councilmembers present voted in favor of the motion and the ordinance was approved. 5. Notice of Election -Ordinance No. 96-3099. An Ordinance calling and setting the date for the Special Municipal .Election; Setting date for run-off election; Designating Precinct and polling place; Designating the election of a Councilmember from Precinct 1, Appointing Election officials; Setting hourly rate for Election officials; And posting notice of election... First Reading. Councilmember Ross Owen moved to approve Ordinance No. 96-3099 for the. first reading. Councilmember Irene. Favila seconded the motion.. City Secretary Karen McBeth reviewed the ordinance, explaining that with the resignation of Alton. Jackson Sr.,' Precinct 1 did not have council representation and the new Charter does not ahow for someone to be appointed to this post. An election must be called to be held on the first Uniform Election Date available for such an .election, and that is January f 8, 1997. The proposed ordinance outlines the district to be represented, the date and time of election, and giving notice of the election. The Mayor and all five Councilmembers present voted in favor of the Ordinance for its first reading. 6. Plat - 803 West 5th. Consider request by McGavock Motors Inc. for an exemption from the platting process for the lot on 803 West 5th. Councilmember Bobby McGehee moved to approve the request.. The motion was seconded by Councilmember Ross Owen..` Duector of Public Works Ches Carthel reviewed the request, stating that the property is already owned by McGavock Motors, the property will not be needed for easement nor right of way. The Planning and Zoning Commission has approved the request and recommends their request be granted. The Mayor and all five present Councihnembers voted in favor of granting the request. 7. Plat -West 6th and Denver. Consider request by Paul and Tammy Waller for an exemption from the alley paving requirements in commercial areas for Lot 1, of the Waller Addition on the southwest corner of West 6th and Denver Streets. Councilmember. Ross Owen made a motion to approve the request, and it was duly seconded by Councilmember Mike Hutcherson. Director of Public Works Ches Carthel explained that Paul and Tammy Waller have met all of the platting requirements, and they are asking for an exception to not paving the alley with concrete. The alley dead ends, does not serve as a through way, and is used for drainage for the area. The Planning and Zoning Commission. has approved their request, and Staff also recommends their request be granted. The motion carried unanimously among all five Councilmembers and the Mayor. -The request was granted. 8. Smoking -Ordinance No. 96-3400. An Ordinance of the City of Plainview, Texas, amending the Clean Air Ordinance with regard to public health by adding thereto a new article pertaining to smoking in public places; Providing a penalty; Severability clause; .Cumulativeness clause; Conflicts clause; And effective date. First Reading. Councilmember Bobby McGehee made 3 of 5 ~/ '. the motion to approve the ordinance and Councilmember Irene Favila seconded the motion. John Castro, Director of Community Services, introduced the ordinance on behalf of the Plainview/Hale County .Board of Health. 'The Board has studied this problem- for a long period of time and determined there to be a need for this ordinance. He explained that while some: restaurants offer separate areas for non-smokers, or those that desire a smoke free environment for eating, there are some places that offer no alternative at all. The Health Board has determined this to be a primary health concern and requests .that smoke free environments be available in all eating :establishments and certain public areas, like waiting rooms and lobbies of buildings that axe frequented by the general public. The ordinance also outlines a strict regimen for displaying and selling tobacco. products, particularly to minors. Mayor Woods asked for public comment. Gary Garrison, 214 Navasota, spoke against the ordinance. He says it is an issue of control, under the guise of a health concern. He said no entity should have the right to dictate to a business owner, that is .the province of the business owner and his customers. He said there is already a law governing. the .sale of tobacco products to minors, and there has never been an axrest in Hale County for violating this law. He said it is either well enforced, or not enforced at all. There was no other public comment. When asked for a vote, Mayor Woods, Councilmembers Mary Virginia Kirchhoff, Mike Hutcherson, Ross Owen and Bobby McGehee voted against. approving. the ordinance. Councihnember Irene Favila voted in favor of the ordinance. The motion to approve did not carry. The ordinance will not be presented for a second reading. 9. Open Forum.. Hear citizens requests and comments per Open Forum Policy.. No one spoke during this portion of the meeting. 10. Closed Session.. Deliberate the appointment, employment, evaluation, reassignment or duties, removal, discipline or dismissal of apublic officer or employee, or to hear complaints or charges. (Bond Infrastructure Advisory Commission, Diversity Task Force, Board of Adjustment, Senior Citizen Advisory Commission,. and Council Liaison to Housing Authority. and Parks Advisory Commission and City Manager. Evaluation). This meeting is authorized by [TEX. GOV. CODE ANN. § 551.074, 551,075 (Vernon 1996)]. CouncilmemberRoss Owen. made the motion to go into .Closed Session; the motion was seconded by Irene Favila. The motion carried on a vote of six in favor and none against. The Council went into Closed Session at 8:15 p.m. 11. Boards, Committees, Commissions and City Manager.. Considerappointments and/or removals to Bond Infrastructure Advisory Commission, Diversity. Task Force, Board of Adjustment, Senior Citizen Advisory Commission and Council Liaison to Housing Authority and Parks Advisory Commission. The Mayor and. Council reconvened in Open Session at 9:35. p.m. Mayor Lloyd Woods moved to appoint Margie Thompson and Michael Black to the Diversity Task Force. Councilmember Bobby McGehee seconded the motion. The .Mayor and all five Councilmembers present voted in favor of the motion. 4 of 5 ~~-.~ ~ ,,\ ~~ J/ 12. Personnel. Consider action per the discussion in Closed Meeting regarding appointment,' employment, evaluation, reassignment. or duties of a public officer or employee. Councilmember Bobby. McGehee moved the City Manager, Jim Jeffers, be granted a 3% raise, per discussions in Closed Sessions. The motion was seconded by Councilmember Ross Owen, and the motion carried by unanimous vote. 13. Adjournment. Councilmember .Mike Hutcherson made the motion to adjourn. Councilmember Ross Owen seconded the motion, which carried unanimously. .Mayor Woods declazed the meeting adjourned at 9:40 p:m. Passed and approved on October 22, 1996. ~- - K en McBeth, City Secretary 5 of 5