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HomeMy WebLinkAbout93 0622 min0054 MINUTES City Council Meeting Plalnview, Texas June 22, 1993 ~The City Council of the City of Plalnview met in a Regular Meeting on Tuesday, June 22, 1993, in the Council Chambers of the Plalnview City Hall at 7:30 p.m., with Mayor E. V. Ridiehuber presiding. The Council met in Pre-Session at 7:00 p.m. Councilmembers present were: Alton Jackson - Precinct 1, Mary Virginia Kirchhoff - Precinct 2, Don Dickson Precinct 3, Medlin Carpenter Precinct 4, Barbara Dorman - Precinct 5, Dwain Dodson - Precinct 6, and Irene Favila - Precinct 7. Staff present were: James P. Jeffers - City Manager, Muff London - Director of Community Development, Roy L. Osborne - Director of Public Safety, Wally Hatch - City Attorney, Norman Huggins - Director of Finance, Barbara Sullivan - Municipal Court Judge; 'Bruce Watson - Fire Chief, and Karen McBeth - City Secretary. Media present were: Richard Orr - Plalnview Dally Herald, Ridley Gibson - Plainview Cable TV, and Wes Naron of KVOP. OPEN MENTING 1. Invocation - Alton Jackson 2. Recognitions/Oath of Office - Director of Public Safety Roy L. Osborne presented certificates of appreciation to Becky Francis and Randy Ballinger for their efforts in administering CPR to a cardiac arrest victim prior to the arrival-of emergency medical services. A certificate of appreciation was to be presented to Gary Selby, but he was not present. Fire Chief Bruce Watson congratulated David Sells on his promotion to Equipment Operator, and Kevin Whisenant on his promotion to Lieutenant. Roy L. Osborne, Director of Public Safety, congratulated Bobby Chandler on his promotion to Police Lieutenant and he introduced four new patrol officers; Lupe DeLuna, Wayne Johnson, Steve Cook and Darren Walters.. 3. Zoning * Public Hearings and Action - Muff London, Director of Community Development reviewed the following cases, outlining their location, their specific requests, and stating they had been approved by the respective boards: a. Zone Case 607 * Ordinance No-. 93-2959: An Ordinance authorizing the issuance of a Specific Use Permit to locate a residence in an M-2, Heavy Manufacturing District generally known as 314 Ivy Street; cumulativeness clause; conflicts clause; severability clause; and effective date. Barbara Dorman made a motion to open Public Hearing on this case; Medlin Carpenter seconded the motion; the motion carried unanimously. Mayor Ridiehuber declared the Public Hearing open and requested anyone speaking for the Ordinance to come forward. Mr. Salvador Ruiz asked that the Council authorize the issuance of the Specific Use Permit in this case. No one spoke against it. Don Dickson moved the Public Hearing close; Medlin Carpenter seconded the motion; the motion carried I of 6 0055 unanimously. Dwain Dodson made a m~otion that Ordinance No. 93-2959 be approved as presented; Irene Favila seconded the motion; the motion carried with six votes for and one abstention; and the ordinance was passed and approved. b. Zone Case 608 * Ordinar~ce No. 93-2960: An Ordinance amending the Zoning Map of the City of Pialnview, Texas to rezone property located generally on the East side of North Quincy Street, North of 33rd Street from a C-3, Commercial General Business District, and an MF-2, Multi Family District- 2, to an MF-1, Multi-Family District- 1; cumulativeness clause; conflicts clause; severability c)ause; and effective date. Mary Virginia Kirchhoff declared a conflict of Interest regarding this Zone Case and will obstaln from discussion and voting. Don Dickson moved to open Public Hearing on this ordinance for Zone Case 608; Barbara Dorman seconded' the motion; the motion carried with six votes for and qne abstention. Mayor Ridiehuber dee-lared the Public Hearing open and asked ail spea?ing for the ordinance to come forward. Mr. Charles Schreeder of Atlanta GA spoke for this rezoning ordinance to enable his company to build multi-family dwelling, which will be funded through FmHA. Mr. Rollie Hyde, 1411 Holliday, Chairman Of the Housing Committee of the Plainview/Hale County Industrial Foundation spoke in favor of this rezoning to allowing additional housing for Plainview. He stated there was a serious shor~tage of rental property in Plainview and he asked the Council to approve this ordinance. No one spoke against the ordinance. Don Dickson moved to close the Public Hearing; Barbara Dorman seconded the motion; the motion carried with six votes for an one abstention. Barbara Dorman moved Ordinance No. 93-2960 be approved and adopted; Mediin Carpenter seconded the motion; the motion carried with six votes for and one abstention. c. Zone Case 609 * Ordinance No. 93-2961: An Ordinance amending the Zoning Map of the City of Plalnview, Texas to rezone property located generally on the South side of Dimmitt Road, West of Ennis from an R-l, Single-Family Residential District - 1, to an MF-1, MUlti-Family District - 1; cumulativeness clause; conflicts clause; severability clause; and effective date. Barbara Dorman moved to open a Public Hearing for Ordinance No. 93-2961 regarding Zone Case 609; Don Dickson seconded the motion; the motion carried with six votes for and one councilmember abstaining. Mayor Ridiehuber declared the Public Hearing open and asked anyone speaking for approval to come forward at this tlme. Mr. Charles Schreeder returned to speak in favor of this zone change so as to build multi-family dwellings for elderly persons. He explained that these units will have washer and dryer hook ups in them. There will also be a "community" house for residents of the project to use. The units will be landscaped and the project will be very eye pleasing as well as functional. This project will al~o be funded through FmHA. Mr. Rollie Hyde also spoke in favor of this ordinance. Mr. James Odom asked if these units will subject to taxation as other property in the city, and he was told they would be. No one spoke against the ordinance. Barbara Dorman moved the public hearing close; Medlin Carpenter seconded the motion; the motion carried with six votes for and one abstaining vote. Medlin Carpenter moved that Ordinance No. 93-2961 be approved and adopted; Don Dickson seconded the motion; the motion carried wi~h six votes for and one abstention. 2 of 6 0056 Plainview Really Involved in' DrUg Education, Inc. (PRIDE) - Consider a request to form a commission under Section 465. 001-465. 003 of the Health and Safety Code and to provide $10,000 in funding for the period September 1, 1993 through August 31, 1994. Mrs. Lynda Lyle, President of PRIDE, spoke summarizing the objectives of the organization. She stated this is a non-profit organization for the education of the public against drugs and their misuse as well as promoting drug free life styles. It is manned by volunteers but they would li~e to hire a coordinator to oversee the management of this organization. They have a commitment from the Mayer Foundation in the amount of $40,000 and have asked other organizations to help raise the needed matching funds. Mrs. Lyle asked the Council to form a Committee of the City to govern the organization and to give $10,000 toward the management of it. Mrs. Lyle answered questions from the. Council regarding the working of her organization and she explained that PRIDE would work as an "umbrella" organization to coordinate the activities of any of the existing drug/alcohol j violence/education organizations within the city to help utilized all avai'lable volunteers and eliminate much of the existing duplication of services. She stated that parenting classes will also be made available to the community. Mayor Ridlehuber asked for public comment. Barbara Parker Of 609 West I0th, stated she was in favor of this organization and hoped the city could donate the money to it. Councilmember Don Dickson made a motion to form a committee as requested by Mrs. Lyle and to fund $10,000 in funds for the period of September 1, 1993 through August 31, 1994; Barbara Dorman seconded the motion; Barbara Dorman, Don Dickson and Medlin Carpenter voted for the motion; Alton Jackson, Mary Virginia Kirchhoff, Dwain Dodson and Irene Favila voted against it~. The motion failed. Mayor Ridlehuber stated that while he and the Council believed this to be a worth while organization and certainly an excellent concept, the City has no place in its budget at the present time for this request and if Mrs. Lyle would like to present her request next year prior to. the budgeting process they might be able to help her. Mrs. Lyle thanked the Council for their time, as well as the advice. EMS - Review a proposal for Methodist Hospital Pl-inview to operate emergency medical services for the City of Plalnview and receive public comment on said proposal. (A second public comment opportunity will occur July 13, 1993. ) Director of Public Safety Roy L. Osborne gave an Overview of the options available to the City regarding its EMS. Chief Osborne began by stating that this issue is not one of quality of care. He stated the Plalnview EMS is second to none and that Plainview has some of the finest EMS personnel to be found anywhere. The reason for considering allowing Methodist Hospital Plainview to operate emergency medial services is one of finances. The growth of the EMS and the continuing excellence of care given by EMS carry a high price tag for the city. Not only of dollars but also in turnover of personnel, hiring, training and the ability to carry out the duties in fire suppression and prevention. Chief Osborne stated the Council has three basic options, essentially. 1) The city can continue to operate the EMS with current staffing levels and staff will try some new and innovative approaches to fine tune and contain costs; 2) The city can continue operating EMS and increase its personnel. Charges for EMS may be increased and perhaps an ambulance membership program might be implemented to help offset operating costs; 3) The city can consider a proposal from Methodist Hospital Plainview to assume operation of EMS within the city. However, this will likely result in a :reduction of Fire Depa~-tment staff and the 3 of 6 0057 loss of EMS certification pay by the remaining fire fighters that have advanced certifications above the basic EMT. Chief O~borne presented financial statistics in reference to each of these alternatives. The Council asked questions about each aspect of the presentation as did citizens attending the meeting. James Odom stated he would like to see the city keep the EMS, he stated he felt it was an excellent service and he would hate to see any change in it. Albert Perez of the Firefighters Association posed several questions as to the whether or not any actual savings would be realized ff Methodist did take over the service. David Hughes stated he was proud of the EMS and would like for the Council to keep it as it is. He stated he felt there were aspects of the service that could be changed to make it more profitable for the city. No decision was made as this was the first of the public comment opportunities for the citizenry and council. Economic Development - Consider making application for funding for the acquisition and/or rehabilitation of real estate under Texas Capital Fund Real Estate Development Program for an economic development project. J. David Williams, Chairman of the Plainview/Hale County Industrial Foundation explained that the Texas Capital Fund Estate Development Program would enable the city to acquire commercial properties which could then be leased to businesses which would be based in Plainview. This would be good for Plainview's economic growth. Barbara Dorman moved that the City submit an application to the Texas Capital Fund Estate Development Program; Dwain Dodson seconded the motion; the motion carried unanimously. Cable TV - Consider authorizing the City Manager to make application to the Federal Communications Commission for "certification of franchising authority to regulate basic cable service rates and initial finding of lack of effective competition." Medlin Carpenter moved this item be tabled until such time as FCC will accept applications for certification; Barbara Dorman seconded the motion; the motion carried unanimously. Plat - Final l~estridge Pa~k, Unit No, 5. Consideration of a resolution of the City of Plainview, Texas, approving the final plat of West-ridge park, unit No. 5, Plainview, Hale County, Texas. City Attorney Wally Hatch explained that the developer of this property has several prospective home builders that were wanting to start' homes, but they could not do so until the final plat of this unit was approved. Mr. Hatch explained that it was perfectly legal and acceptable to the City if Mr. DeAsis submitted a Letter of Credit from his bank in lieu of money in escrow for the paving, curb and gutter, and water and sewer utilities for lots 144 through 153 on the South and East side of Westridge Park Unit. No. 5. Mr. DeAsis is requesting that the Council allow him to do this so as to expedite the home building. Barbara Dorman made a motion that the final plat of Westridge Park Unit. No. 5 be approved subject to Mr. ~DeAsis providing assurances satisfactory to the City Manager; Dwain Dodson seconded the motion; the motion carried unanimously. 9. Consent Calenda~ - Barbara Dorman made a motion the Consent Calendar be approved as presented with the exception of item i, which will be denied; Don 4of6 0058 Dickson seconded the motion; the motion carried unarimously. a) Minutes b) Departmental Reports c) Expenditures d) Civil Service Com-d~sion - Gary Garrison was reappointed to the Civil Service Commission. e) f) g) Budget Amendment- Library Fund - An Ordinance of the City of PlainView, Texas, amending the 1992-1993 Budget of the City of PlainvieW, as it specifically applies to the Library of the General Fund for electrical maintenance. Ordinance No. 93-2962 was approved and adopted. Lan~ Roadway - The Mayor was authorized to execute an amendment to an agreement for improvements of the landfill road dated October 30, 1991, with High Plains Pavers, Inc., establishing a three (3) year warranty. Bids - Pickup - Cab and chassis for Parks Department. ($15,400 budgeted). The. bid was awarded to Jack Morris Ford of Plainview, Texas in the amount of $15,407.70. The oniy other bid received was from Gardner Chevrolet in the amount of $16,499.00, which was rejected. h) Platti-g and/or U~l~iy ExtensionWaive~ (Fisher- 2600 N. ({atincy St. ) - The request of Ervrin Fisher, 2600 N. Quincy Street, Plainview, Texas to waive platting and/or utility extension regulation so that his property may be serviced with water was approved. i) j) Parks - Texas Recreational Trails Program - Consider making a grant application for the construction of a recreational trail. Council denied. Speed Zone - Oed~nsnce No. 93-9258 - An Ordinance of the City of Plalnview, Texas, amending Section 23-168 of the Code of Ordinances with regard to the ma~mum rate of speed for vehicles traveling on Fifth Street (U. S. 70); amending Section 23-170 (C) to remove school zone designation on Quincy Street; Providing for a penalty; Cumulativeness Clause; Conflicts Clause; Severability Clause; And Effective Date. The ordinance was approved. Barbara Dorman made a motion the Council go into Executive Session; Dwaln Dodson seconded the motion; the motion carried unanimously. The Council exited to the Mayor's office for the Executive Session and Counnilmember MaW Virginia Kirchhof excused herself and had to leave the meeting. The meeting continued without her. 10. Executive Session - Discussion of pending or contemplated litigation (Santa Fe Railroad - 16th Street crossing and D.E. Rie~ Co~mu~ Co., I~e. ) This 5 of 6- OO59 meetingis authorized by [TEX. REV. CIV. STAT. ANN. art. 6252-17, Sec. 2(e) (Vernon Supp. 1993). ] The City Council reconvened at 10:20 p.m., without Mary Virginia Kirchhoff. 11. Streets - 16th St~met Raih-oad [l~,o~'sing - Consider authorizing action per the parameters discussed in Executive Session. No action was taken on this matter. 1¸2. Landfffi - D. l~. Rice Igonsttmetion Co., Inc. - Consider authorizing action per parameter discussed in Executive Session. Barbara Dorman moved that the City Attorney proceed within the parameters established in the Executive Session; the motion was seconded by Medlin Carpenter; the motion passed unanimously among the six councilmembers present. 13. Adjoummmnt - Barbara Dorman moved the meeting adjourn; Medlin Carpenter seconded the motion; the motion was unanimously approved. Mayor Ridlehuber declared the meeting adjourned at 10:26 p.m. Passed and approved on July 13, 1993. ATTEST: Kal~en McBeth, City Secretary 6 of 6