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HomeMy WebLinkAbout95 1128 min10 MINUTES CITY COUNCIL MEETING City of Plainview November 28, 1995 The Plainview City Council held a meeting at 7:30 p.m., Tuesday, November 28, 1995 in the Council Chambers of the Plainview City Hall at 901 Broadway. The Council met in Pre-Session at 6:30 p.m. Mayor Lloyd C. Woods presided. Councilmembers present were: Alton Jackson Sr.-Precinct 1, Mary Virginia Kirchhoff-Precinct 2, Rey Rosas-Precinct 3, Mike Hutcherson- Precinct 4, Barbara Dorman-Precinct 5, Dwain Dodson-Precinct 6, and Irene Favila-Precinct 7. Staff members present were: James P. Jeffers-City Manager, Wally Hatch-City Attorney, Norman Huggins-Director of Finance, Larry Gould-Chief Building Inspector, Cindy Gasaway- Main Street Coordinator, John Castro-Health Department Director, Ches Carthel-Director of Public Works, Lonnie Burton-Police Department and Karen McBeth-city secretary. News media was represented by Steve Barrett of the Lubbock Avalanche Journal, Richard Orr of the Plainview Daily Herald and Wayland Baptist University video crew. OPEN MEETING 1. Invocation - Mary Virginia Kirchhoff 2. Recognitions/Oath of Office - Norman Wright was sworn into office as a member of the Airport Board. Kit Linton, M.D. presented the family of Mary Bublis, M.D. with a plaque in rememberance of her many years service to the Plainview/Hale County Health Department. Boy Scout Troop 250 was present to earn merit badges. The Scouts led everyone in pledging allegiance to the flag. 3. Consent Calendar - Barbara Dorman made the motion to approve the Consent Calendar. Mike Hutcherson seconded the motion. The motion carried unanimously with every Councilmember answering "yes" when asked by the city secretary. a) b) c) Minutes were approved. Departmental Reports were accepted. Expenditures were approved. REGULAR AGENDA ITEMS ConMderation and possible action on the following agenda items in Open Session. 4. Dr. Mary Bublis - Consider dedicating the Health Department facilities in memory of Dr. Mary Bublis. The refurbished Plainview/Hale County Health Department facilities will hold an open house on December 4, and everyone is invited to come and go throughout the day. Dwain Dodson moved that these facilities be dedicated to the memory of "Dr. Mary." Barbara Dorman seconded the motion. The city secretary called each councilmembers name for their vote, and each councilmember answered yes, so the motion carried unanimously. 11 5. Fair Theatre. A. Consider entering into a contract with the Fair Theatre Board of Directors for the management of the Fair Theatre. A five year contract has been proposed between the Fair Theatre Board of Directors and the City of Plainview to provide management of the theatre. A stipulation of the contract is that twenty percent of its use will be for the city. The board will consist of twenty five members. B. Consider purchasing the Fair Theatre. Purchase of the Fair Theatre can be made with hotel/motel tax funds, and although the City will have to borrow money from itself to purchase the theatre at this time, because there are not enough funds in the hotel/motel tax account, this is primarily a bookkeeping exercise and does not present a problem. The City will insure the building. All improvements, renovations, and plans made to the theater will be done with approval of the City. Councilmember Dwain Dodson moved that the City purchase the Fair Theatre and the City to be paid back with hotel/motel funds, as they are available. Barbara Dorman seconded the motion. Each councilmember voted yes when called upon by the city secretary, and the motion passed unanimously. 6. YMCA. A. Sixteenth Street Pool - Receive annual report. Richard Galle, Director of the YMCA, gave his annual report to the Council. He said it had been a successful summer for the Sixteenth Street Pool. This was the first year that the YMCA had kept all the receipts from the pool, which came to $25,624. The expenses for the year were $18,215. Repairs to the pool included sandblasting and repainting. Mr. Galle said he was encouraging the high school to a swim team again. B. Teen Center - Review of plans for operating the YMCA Teen Center. Mr. Galle told the Council that practice of having a Teen Center was resuming again with a little different approach than in the past. While the YMCA would be open for activities as a Teen Center on Friday and Saturday nights, any group of teens will have to have a group sponsor from their church. This plan was made to help alleviate the great amount of vandalism and damage done to the YMCA during last year's Teen Center activities. The Mayor and Council thanked Mr. Galle for his reports and for his contributions to the youth of the community. 7. Subdivision Platting. Ordinance No. 95-3063. An Ordinance amending the Subdivision Ordinance No. 89-2087; Providing for an addition to Section 4, Procedure allowing for administrative approval of amended or minor plats as defined by the Local Government Code; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. Second and Final Reading. Action will be taken. Director of Public Works, Ches Carthel, gave a quick overview of the ordinance for its second reading. He said primarily it was to make minor plats and simple changes to existing plats less time consuming and less expensive. It is part of the ongoing effort to make all requirements more user friendly. Essentially, it delegates these minor changes to the staff and does not require Council action. Mr. Carthel said it passed Planning and Zoning by unanimous consent, 12 and it passed by unanimous consent of the Council for its first reading. Dwain Dodson made the motion to approve Ordinance No. 95-3063. Rey Rosas seconded the motion. A roll call vote of the Council gave unanimous consent to its approval. 8. City Charter - Consider submission to Justice Department. The new City Charter recently passed by the voters in Plainview, is in effect except for those sections dealing with voting rights. This portion of the Charter will be submitted to the Justice Department for clearance. The submission is quite lengthy and requires a great deal of detailed paperwork on the part of the City Attorney and staff. Councilmember Alton Jackson Sr. made a motion to proceed with the submission of the Charter to the Justice Department. Irene Favila seconded the motion. Each Councilmember voted yes when asked by the city secretary, and the motion carried unanimously. 9. Sanitary Landfill - Consider options of disposing of real property located on the sanitary landfill. This item was tabled. 10. Zoning - Carport Regulations. Ordinance No. 95-3065. First Reading. An Ordinance amending the zoning ordinance of the City of Plainview, Texas, Section 37.2, Powers & Duties of Board of Adjustment, to authorize construction of a carport, porch, or similar open structure in the minimum front yard required in a single family residence, to a limited extent, given certain specific conditions and general considerations; cumulativeness clause; conflicts clause; severability clause; and effective date. Ches Carthel, Director of Public Works, reviewed the proposed ordinance, explaining there has been a lot of confusion in the past as to why some carports are given a variance and others are not. Part of the confusion has been that the Board of Adjustment, whose permission is required when a structure does not fit within the given area and setback lines, has members come and go through the years and the decisions of that board are not always consistent. This proposed ordinance is to help make the process a little easier for homeowners. The building code says a variance can be given when a "hardship" is identified. The code stipulates how much of the front yard can be covered, how the carport is to be built, as well as how it should look. The neighbors will still have the opportunity to object and remark about a carport being built. He explained that this ordinance is meant to change the building code so as to be more user friendly for Plainview citizens also. Dwain Dodson moved that Ordinance No. 95-3065 be apprOved for its first reading and Rey Rosas seconded the motion. A roll call of the Council gave unanimous approval of the fnrst reading. 11. Attorney Services - Consider authorizing the City Manager to enter into a contract with Crockett Camp for legal and lobbying services as such pertains to TNRCC and EPA. Mr. Jeffers, City Manager, explained to the Council that Mr. Crockett Camp was quite knowledgeable in the areas which might help Plainview lessen the financial burden in rebuilding its wastewater treatment plant so as to make it comply with TNRCC and EPA requirements. He said the agreement with Mr. Camp was for fifteen hours legal work per month, for a period of three months. After that time, the Council could decide if they wished to continue with his services. Barbara Dorman moved to enter into a contract with Crockett Camp for legal services of fifteen hours per month, for a period of three months. Each Councilmember voted in favor of thie motion was called upon by the city secretary. 12. Closed Meeting. Deliberate the purchase, exchange, lease, or value of real property, specifically Bank of America building at 304 West 6th Street. [This meeting is authorized by the Texas Government Code, Chapter 551 sub.sec. 551.072]. The Council went into a closed meeting at 8:20 p.m. 13. Real Property. Consider and/or vote per discussion in Closed Meeting regarding the purchase, exchange, lease or value of real property, to wit: 304 West 6th Street. The Council reconvened in Open Session at 8:43 p.m. Dwain Dodson made a motion that the building presently owned by the City, located at 304 West 6th Street, be donated to the Texas Department of Criminal Justiced to be used as a regional office, per the terms outlined in the Closed Session, and if at any time the TDCJ cease to utilize the building, its ownership revert back to the City of Plainview. Rey Rosas seconded the motion. The city secretary asked each Councilmember individually for their vote, and each voted in favor of the motion. The motion passed unanimously. 14. Adjournment. Mayor Woods adjourned the meeting at 8:50 p.m. Passed and approved on December 12, 1995. ATTEST: Lloyd C. ~oods, Mayor Kamen McBeth, City Secretary