HomeMy WebLinkAbout95 1212 min MINUTES
CITY COUNCIL MEETING
City of Plainview
December 12, 1995
The Plainview City Council held a meeting at 7:30 p.m., Tuesday, December 12, 1995 in the
Council Chambers of the Plainview City Hall at 901 Broadway. The Council meet 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, Cindy
Gasaway-Main Street Coordinator, Roy L. Osborne-Chief of Police, John Castro-Health
Department Director, Roland Asebedo-Asst. Fire Chief, Larry Gould-Chief Building Inspector,
and Karen McBeth-city secretary.
News media present: Richard Orr-Plainview Daily Herald, Steve Barrett-Lubbock Avalanche
Journal, and Wayland Baptist University television crew.
OPEN MEETING
Consideration and Action may be taken on every_ subject.
1. Invocation - Rey Rosas
2. Recognitions - City Manager Jim Jeffers presented Roy L. Osborne, Police Chief, with
his ten year employment pin. He thanked Chief Osborne for his dedication to duty and his
commitment to the City of Plainview.
Roland Asebedo, Asst. Fire Chief, presented Dale Harris with his promotional badge of
Lieutenant in the Fire Department.
3. Consent Calendar - Alton Jackson Sr. made a motion to approve the Consent Calendar
which Rey Rosas seconded. Councilmembers Jackson, Kirchhoff, Rosas, Hutcherson, Dorman,
Dodson and Favila each voted in favor of the motion.
a)
b)
c)
Minutes were approved.
Departmental Reports were accepted.
Expenditures were approved.
d)
City Council -- Consider rescheduling or canceling the December 26, 1995, City
Council meeting. The meeting of December 26, 1995, is cancelled and a regular
Council meeting will be held in conjunction with the Work Session of December
1 of 5
e)
21, 1995.
Board, Committee and Commissions -- Consider appointments to Fair Theater
Board, Building and Fire Code Board of Appeals and the Electrical Board.
The following people were appointed to the Board of Directors for the Fair
Theatre: Dr. Benjamin Akande, Frankie Carter, Darin Cook, Diane Dowdy, Dr.
Wallace Duvall, Juan Escamilla, Albert Garcia, Cindy Gasaway, Sherry Gibson,
Betty Gonzales, Mike Hutcherson, Rollie Hyde, Billie Jameson, Candace Keller,
Richard Larsen, Muff London, Joe Provence, Ethel Ramsower, Josie Rey, Rico
Rey, James Robison, Rick Shields, Tisa Whitfill, David Wilder, and Irene Favila.
Hale County Appraisal District -- Consider casting votes for the HCAD board
of directors. The City Council cast its 1,874 votes divided equally between
Councilmembers Mary Virginia Kirchhoff and Dwain Dodson for positions on this
board.
G)
Police Vehicle Bid - Consider award of bid on a police vehicle. Bids were
received from three dealers for one (1) 1996 marked, police vehicle per bid
specifications. Smith Ford of Slaton, TX submitted a No Bid; Arrendale Ford of
Arlington, TX submitted a bid of $19,090.00; and Jack Morris Ford of Plainview,
TX submitted a bid of $19,077.75. Jack Morris Ford of Plainview, TX was
awarded the bid subject to confirmation of being able to obtain the vehicle, and
confirmation must be received by December 31, 1995. If unable to verify by that
date, the bid will go to Arrendale Ford in Arlington, TX.
REGULAR AGENDA ITEMS
4. Charter -- Consider accepting United States Justice Department submittal, as prepared
by the City Attorney. Mayor Woods announced this item, and the Addendum Item 4 A will be
considered last.
Zoning - Carport Regulations. Ordinance No. 95-3065. Consider adopting on Second
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.
City Manager Jim Jeffers explained the proposed ordinance change will eliminate the "hardship"
requirement for acquiring a variance for the construction of a carport. This is another change
in the on going effort to make City Hall more user friendly and have the rules and regulations
take a realistic approach to the needs of the citizens. The Planning and Zoning Commission
approved this ordinance and staff members recommend its approval.
2 of 5
A. Public hearing - No one spoke.
B. Council action - Dwain Dodson made the motion that Ordinance No. 95-3065
be approved. The motion was duly seconded by Mike Hutcherson. It was approved by the
following vote: Alton Jackson, Mary Virginia Kirchhoff, Rey Rosas, Mike Hutcherson, Barbara
Dorman, Dwain Dodson and Irene Favila voted for the motion; no one voted against. The
motion carried by unanimous vote.
o
Sanitation - Recycle. Resolution R95-114. Consider adoption of a resolution of the City
of Plainview, Hale County, Texas to affirm to the South Plains Association of
Governments and the Texas Natural Resource Conservation Commission our support of
the programs identified in this proposal for the funding of a solid waste reduction grant.
Mr. Jeffers told the Council that Ches Carthel, Director of Public Works, has prepared four
grant applications for various recycling programs. The grants total $131,000 and will be used
for blue boxes, paper baler, large commercial recycling containers and household recycling
containers. Dwain Dodson moved that Resolution R95-114 be approved. The motion was
seconded by Irene Favila. A poll of the Councilmembers by precinct produced unanimous
approval of the resolution.
4. Charter. City Attorney Wally Hatch reported the progress on preparing the newly
adopted Charter for submission to the Department of Justice. He stated he had numerous
conversations with an attorney in the Justice Department about exactly what portions of the
Charter to submit, and what comments should be made on those portions by the City Attorney.
All portions of the Charter dealing with voting rights must be cleared by the Justice Department.
He had not originally planned to submit the entire Charter for their perusal but Alton Jackson,
Rey Rosas and Irene Favila had each questioned the City Manager section of the Charter which
dealt with his authority to hire and/or dismiss all employees. They questioned the possibility
of this diluting minority voting rights. After a telephone discussion with the Justice Department,
he was advised to submit the entire Charter along with a comment on each section as to how it
changed from the previous Charter, and whether or not it affected voting rights. He said this
was a voluminous task and setting a particular time line for finishing it was difficult to estimate.
He stated he was structuring each of his comments in support of the Charter.
4 A Discussion and Action regarding Charter being submitted to Justice Department on
December 22, 1995, by overnight mail. Dwain Dodson made a motion that the City Attorney
submit the Charter to the Justice Department, by overnight mail, if not by December 22, at least
by January 1, 1996. Mary Virginia Kirchhoff seconded the motion.
Mr. Hatch stated he had submitted a small portion, only for comment, on the form he is using
for the submission and he was told the form is good. He said this would make his work more
timely.
Mayor Woods asked for public comment. Bobby James, 401 Lometa, said he was confused
about why parts of the Charter are being discussed at Council level. He was a member of the
3 of 5
17
Charter Commission and he was never aware that part of it was in question. He stated that
when the voters adopted the new Charter, the old Charter was no longer in effect. He stated the
Council should abide by the choice made by the voters, get the Charter submitted as quickly as
possible so it can be cleared and in effect. There was no other public comment.
Mary Virginia Kirchhoff asked if the Charter was not ready for submission by January 1, then
when? She stated it needed to be submitted as soon as complete and she has full confidence in
Mr. Hatch to do this.
Dwain Dodson said the Council's job was not to pick the Charter apart. He said Mr. Hatch
should be allowed to do his job as quickly as he can without any interference. He said the
voters had voted for it and it is the Council's duty to uphold it.
Rey Rosas stated that he, and others, have rights and if they believe parts of the new Charter
deny those rights then he, and others, have an obligation to see that those rights are protected.
He said Mr. Hatch is doing a good job, but he needs adequate time to thoroughly prepared the
submission documents. He said the City Manager portion of the Charter, under state law is in
full force and effect and has all the powers given to him unless and until the Justice Department
instructs otherwise. He stated they did not disagree with this, but if it had not been submitted
the question would have come up later and it was better to address it now. It will be the Justice
Department's call and whatever they say is the final answer.
Mike Hutcherson commented that if the submission is sent to the Justice Department and it is
incomplete, it will only come back and this will delay the process.
Mary Virginia Kirchhoff stated that if citizens or Councilmembers have objections to portions
of the Charter, they should contact the Justice Department as individuals but not as members of
the City Council.
Barbara Dorman commented that when the City went from at-large voting to single member
districts it took a lot of time to assemble the documentation that was submitted to the Justice
Department. This is a similar process and a strict time table cannot be applied.
Irene Favila stated she did not like the accusations that they are deliberately delaying the
submission to the Justice Department. This is not happening. The City Attorney is merely
doing his job as quickly, and as thoroughly, as he can. No one is delaying it.
Mary Virgina Kirchhoff stated the entire matter would have been resolved had the election been
held in May of 1995 rather than in November, as the Charter Commission requested.
Alton Jackson Sr. said he asked the City Attorney if the portion of the Charter dealing with the
City Manager would dilute the minority council members voting rights. Mr. Hatch told him he
did not believe this was the case, but he asked the Justice Department and they told him to
submit it with comment and to submit the entire document. He asked Mr. Hatch if he could
4 of 5
lg
have the document ready to submit by December 22.
Mr. Hatch could not say so, because he has never done one before and the Justice Department
will not give him a complete answer as to exactly how they want it submitted.
Irene Favila asked Mr. Hatch if it was an accurate statement to say that the attorney at the
Justice Department said each and every section of the Charter is to be commented on, not just
the three sections previously discussed?
Mr. Hatch answered yes, and stated he hopes they can be short.
Mayor Woods stated that he supports the Charter and expressed dissatisfaction with those
questions and problems that have held up the submission to the Justice Department. He asked
the City Attorney to proceed with all due haste and prepare the document to be sent to the
Department of Justice for approval.
7. Adjournment - Mayor Woods adjourned the meeting at 8:45 p.m.
Passed and approved on December 21, 1995.
ATTEST:
Lloyd Woods, Mayor
Ka~:en McBeth, City Secretary
5 of 5