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HomeMy WebLinkAbout00 0111 min46 MINUTES- CITY COUNCIL MEETING City of Plainview January 1 t, 2000 The Plainview City Council held a meeting at 7:30 p.m., Tuesday, January 11, 2000 in the Council Chambers of the Plainview City Hall at 901 Broadway. The Council met in Pre-Session at 7:00 p.m. Mayor Lloyd C. Woods presided. Councilmembers present were Sam Parker-Precinct 1, Mary Jane Shanes-Precinct 2, Mike Hutcherson-Precinct 4, Ross Owen-Precinct 5, Bobby McGehee-Precinct 6, and Irene Favila-Precinct 7. Councilmember Rey Rosas-Precinct 3 was absent. Staff members present were: James P. Jeffers-City Manager, Wally Hatch-City Attorney, Norman Huggins-Director of Finance, Gary Glass-Fire Chief, Will Mull-Police Chief, Dale Simpson-Civil Service Director, John Castro-Community Services Director, Sean Lanier-City Engineer, and Karen McBeth-City Secretary. News media present: Wayland Baptist University television crew and Richard Orr with the Plainview Daily Herald. Guests present were: Tracy Dawson, Kress, Texas; Jerry Johnson, 208 NE Alpine; Judy Kunz, 2012 Dallas; Joseph A. Ruiz, 2404 W. 14th St.; J.C Armstrong Jr., 1405 Floydada St., Bill Hardage, 7206 Olton Road; Leonel Garcia, 1812 W. 18th St.; and David Wilder, 300 Lometa. OPEN MEETING Invocation - The Honorable Lloyd C. Woods Pledge of Allegiance - The Honorable Lloyd C. Woods Recognitions - City Manager Jim Jeffers presented a 15 year employment pin to Dale Simpson, Civil Service Director. Chief of Police Will Mull presented a 15 year employment pin to Jesse Barrera, Detective in the Criminal Investigation Division of the Plainview Police Department. Consent Calendar - Councilmember Irene Favila moved to approve the Consent Calendar and Councilmember Mike Hutcherson seconded the motion. Councilmembers Parker, Shanes, Hutcherson, Owen, McGehee, Favila and Mayor Woods voted "yes" on the motion. a) b) c) d) Minutes of December 23, and 28, 1999 were approved. Departmental Reports were received. Expenditures were approved. Excused Absences - Councilmember Rey Rosas was excused from this meeting. e) Minutes 00 0.111 Authorize grant application for improvements to Travis Trussell Park to the Don and Sybil Harrington Foundation Celebrate 2000 Community Beautification Project. Page 1 of 3 The application was approved. Consider award of bids for 3 cubic yard sideload refuse containers; and cab'and chassis for sideload refuse truck. Bids were received from Waste Systems in the amount of $282.00 per container; Caprock Welding bid $289.50 per container. The bid was awarded to Waste Systems in the amount of $282.00 per container. Bids were received for a cab and chassis for sideload refuse truck from: Shamrock Chevrolet (C7500) in the amount of $45,264.00; Amarillo Truck Center for a Freightliner (FL-80 with a single channel frame) in the amount of $45,710.45; Amarillo Truck Center for a Freightliner (FL-80) in the amount of $46,250.72; Roberts Truck Center for an International (4700 4x2) in the amount of $48,857.12; and from West Texas Peterbilt (330) in the amount of $57,088.00. The bid was awarded to Amarillo Truck Center for a Freightliner (FL-80 with a single channel frame) in the amount of $45,710.45. REGULAR AGENDA ITEMS Consider participation in the Wayland Baptist University Project 2000, through providing engineering and demolition services for street construction. Mr. Jeffers told the Council the City has the opportunity to assist in the Project 2000 at Wayland Baptist University through providing engineering and demolition services for street construction and removal of concrete. He said the engineering services would be done in-house and no cost to the City. The removal of the asphalt and concrete on Smyth, Utica and 7th Street is consistent with the City's present policy to remove sidewalks. The estimated in-house cost is $14,500. The engineering services will be done when it is convenient to the City, probably sometime next year, and would pertain to the improvements of Smyth Street. The estimated value for engineering is $10,000. At some point Wayland will request the City to close a portion of 7t~ at Utica and 6th at Utica to enlarge the parking area. Mayor Woods said these in-kind services would promote an industry that puts a million dollar payroll into the local economy every year. Councilmember McGehee made a motion the City provide engineering and demolition services only for street construction for the Wayland Project 2000. Councilmember Favila seconded the motion. Councilmembers Parker, Shanes, Hutcherson, Owen, McGehee, Favila and Mayor Woods voted "yes" on the motion. None voted against. Annual report from the Hale County Central Appraisal District. The report was not given but will be done at a later date. Open Forum. Hear citizens requests and comments per Open Forum Policy. No on spoke on the Open Forum. 6a. Consider calling election for Charter Amendment to term limit provision. Mr. Jeffers explained Councilmember Favila requested this be posted for consideration by the City Council. The Charter Commission, as well as the voters in the City, understood the term limit Minutes O00l 11 Page 2 of 3 provision of the Charter limited Councilmembers to two full, back-to-back, four year terms. However, there appears to be ambiguity in the wording "not served more than two consecutive full terms" and more than two, is three. Therefore, Mrs. Favila is correct, and the legal department concurs, that she can run for, and if elected, serve a third term, since has not served more than two consecutive full terms. If the Council does not: call for this to be changed, it will remain the same. If the Council chooses they may call for this to be placed onthe May 6t~ election ballot and changed. Or the public can petition the Council to place it on the ballot. The Petition can call for term limits to be done away with; term limits to be changed to two consecutive full terms, or whatever the public wishes. The Justice Department will have to pre-clear any: changes. A petition must be certified by March 13; First reading .done by March 16, and second readingby March 21; and noticed published. Mayor Woods stated the Charter Commissioners and voters thought they were voting for two 4-year term limits. Joseph Ruiz, 2404 W. 14th St., said he voted in 1995 for a two term limit and it is wrong of the Council not to uphold that vote. J. C. Armstrong, 1405 Floydada, said he voted for term limits, and if we're not going to do what was voted for, What's the use of voting? Mayor Woods asked Wally Hatch, City Attorney, if a District Court would uphold the 3 term interpretation? Mr. Hatch said yes, it would. Mayor Woods asked if the Justice Department ever questioned the terminology? Mr. Hatch said, no, it did not object. Mayor Woods asked if the public thought it meant two terms? Wally said, yes, newspaper articles and interviews spoke in terms of two 4-year terms. Mayor Woods moved that the City Council call an election to amend the City Charter term limits wording to read two 4-year terms. Councilmember McGehee seconded the motion. Councilmember Hutcherson asked the City Manager if this would affect those with elections in 2002? City Manager Jeffers said yes. Councilmembers Shanes, Owen, McGehee and Mayor WOods voted "yes" on the motion. Councilmembers Parker, Hutcherson and Favila voted "no." The motion carried with 4 votes for and 3 against~ Councilmember Shanes asked if'this precludes a petition for a different amendment? Mr. Hatch said it could not be on the same ballot. Councilmember McGehee said he wanted the exact wording to be on the ballot. Councilmember Owen asked if this amendment falls to pass at the polls, does it stay the same? Mr. Hatch said yes, it stays three terms. Adjournment. Councilmember Hutcherson moved to adjourn the meeting. Mayor Woods seconded the motion. Mayor Woods and all six Councilmembers presented voted "yes" on the motion to adjourn. Mayor Woods adjourned the meeting at 8:07 p.m. Passed and approved on January 25, 2000. Karen McBeth, City Secretary Minutes 00 0111 Page 3 of 3