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HomeMy WebLinkAbout93 0824 min0078 MINUTES CITY COUNCIL MEETING City of Plainview August 24, 1993 The Plainview City Council met at 7:30 p.m., Tuesday, August 24, 1993, in the Council Chambers of the Plainview City Hall at 901 Broadway. Mayor E. V. Ridlehuber presided. The Council met in Pre-Session at 7:00 p.m. Councilmembers present were: Alton Jackson, Sr. - Precinct 1; Mary Virginia Kirchhoff - Precinct 2; Don Dickson - Precinct 3; 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; Bill Hogge - Director of Public Works; Muff London- Director of Community Development; Roy L. Osborne - Director of Public Safety; Bruce Watson -Fire Chief; Barbara Sullivan- Municipal Court Judge; and Karen McBeth - City Secretary. Media present were: Richard Orr - Plainview Daily Herald; Ridley Gibson - Plainview Cable TV. OPEN MEETING 1. Invocation - Barbara Dorman gave the invocation in which she stated that Medlin Carpenter, Councilmember from Precinct 4, had passed away and the city and the council WOuld greatly miss his leadership. 2. Recognitions/Oath of Office - Norman O. Wright was sworn in as a member of the board of directors of the Canadian River Municipal Water Authority. 3. Zoning - Zone Case 610 - Ordinance No. 93-2967 - An Ordinance amending the zoning map of the City of Plainview, Texas to rezone property located generally in the 900 block of Yonkers 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. Director of Community Development Muff London reviewed the case and proposed ordinance. She showed a video of the property involved and stated the zone case had been approved by the Planning and Zoning Commission. a. Public Hearing - Barbara Dorman moved the Public Hearing be opened; Don Dickson seconded the motion; the motion carried unanimously. Mayor Ridlehuber asked those who wished to speak for the proposed ordinance to come forward. Tom Aday, 1404 Zephyr, spoke in favor of the ordinance. He stated he was the person who was planning to build the apartments on the lots and he felt he would be an asset to the community. Councilmembers asked questions regarding the construction, type, number of units, and parking. Mr. Aday assured the council concerning the quality, adequate parking and aesthetic value of the proposed construction. Mr. David Williams, President of the Industrial Foundation spoke in favor of the proposed apartments because he knew how badly Plainview needed multi-family housing and after viewing the plans of the proposed construction he felt they would benefit the entire city. The Mayor asked anyone speaking against the ordinance to come forward. Mr. Bill Key, 904 Amarillo, spoke against the proposed zone change and ordinance because he felt it would bring traffic congestion and noise to the neighborhood. 0079 Barbara Dorman moved the Public Hearing close; Dwain Dodson seconded the motion; the motion passed unanimously. b. Consider action- Barbara Dorman made a motion that Ordinance No. 93-2967 be approved as presented; Irene Favila seconded the motion; the motion carried unanimously. 4. Zoning- Zone Case 611 - Ordinance No. 93-2968 - An Ordinance amending the zoning map of the City of Plainview, Texas to rezone property located generally at 2601 W. 10th Street 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. Muff London, Director for Community Development, presented the proposed change. She stated there is a mistake on the zoning map concerning this area, that there are already apartments on this block and the remaining area should be all be zoned multi-family. a. Public Hearing- Don Dickson moved to open the Public Hearing; Barbara Dorman seconded the motion; the motion passed unanimously. Mayor Ridlehuber asked those wishing to speak for the proposed ordinance to come forward; no one spoke. Mayor Ridlehuber asked those wishing to speak against the proposed ordinance to come forward; no one spoke. Dwain Dodson moved the Public Hearing be closed; Don Dickson seconded the motion; the motion carried unanimously. b. Consider action - Barbara Dorman moved that Ordinance No. 93-2968 be approved as presented; Dwain Dodson seconded the motion; the motion passed unanimously. 5. Plainview/Hale County Industrial Foundation - Contract for Services - Consider authorizing the Mayor to enter an agreement with the Plainview/Hale County Industrial Foundation for economic development services for the 1993-1994 fiscal year. J. David Williams, Chairman of Plainview/Hale County Industrial Foundation reported on the efforts of the organization for the past year. Mr. Williams stated the purpose of the InduStrial Foundation was to create new jobs for Plainview. This is done by bringing in new businesses to the city and by trying to bring diverse types of businesses to this area. This year they have targeted southern California for relocating businesses to Plainview. Of the 100 companies planning to relocate from California, the Industrial Foundation has contacted 60 of them. Their budget of $150,000 is made up of $25,000 from the city; $25,000 from Hale County, and the rest from business/industrial funding. Mr. Williams requested the contract be renewed for another year, and asked that the contribution be increased to $30,000 in an effort to off set the travel expenses. Barbara Dorman moved the Mayor be authorized to sign a contract with the Industrial Foundation for business recruiting services and to increase the amount paid to the Foundation to $30,000; Don Dickson seconded the motion; the motion carried unanimously. 6. 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." The Mayor stated that recent changes by the Federal Government have created mountains of paperwork pertaining to the regulation of the cable TV industry. Many areas of this regulation the City will have no control over, but one area where the City has a choice is in the regulation of "Basic Cable Service Rates." The City can either regulate these rates, or let the FCC regulate them. The Mayor stated he believed it would be most advantageous to the citizens of Plainview for the City to keep local control of regulation of the basic service rates. He asked the City Council to: Find that Plainview Cable TV is currently the sole provider of cable television services in the city and is not subject to effective competition as defined in the 1992 Cable Act, and the City Manager's office be directed to: File with FCC as soon as possible, a "Certification of Franchising Authority to Regulate Basic 2of5 0080 Rates"; Draft local rate regulations consistent with those of the FCC and giving interested parties an opportunity to participate in rate cases; Draft customer service regulations which meet or exceed those of the FCC; Submit to FCC, on behalf of cable television subscribers in the City of Plainview, Form FCC 329 in an effort to initiate FCC regulation of cable service programming rates, if warranted; and authorize the City Manage to sign all appropriate documents to effect the regulation of basic cable rates in the City of Plainview. Mayor Ridlehuber then asked Ridley Gibson to speak for Plainview Cable TV. Mr. Gibson stated that Tyler Cable TV, the company who owns Plainview Cable TV is under regulation by most .of the cities in which they have cable services. Mr. Gibson stated he feels the service should be regulated by the city, rather than FCC. Mr. Gibson explained that there are many changes taking place within the cable TV industry and not all of the changes are in place. He stated he would keep the Council informed of all the changes affecting Plainview, and that on September 1, 1993, a letter would be sent to every customer of Plainview Cable TV outlining the changes ~n price, programming and channel line up. The Mayor thanked Mr. Gibson for his comments. The Mayor asked the Council for their comments and the Council expressed their appreciation for Mr. Gibson's cooperation. The Mayor asked for any public comment; none was made. Barbara Dorman made a motion the Council authorize the City Manager to sign all appropriate documents to effect regulation of cable rates within the City of Plainview; Don Dickson seconded the motion; the motion passed unanimously. 7. Sanitation - Landfill Expansion- Consider authorizing the City Manager to negotiate and enter into a contract with Hamm Engineering for the expansion of the City of Plainview Landfill. Bill Hogge, Director of Public Works, addressed the Council stating that the first cell of the new landfill was filling very rapidly and if the Council took action now, the second cell of the landfill could be opened by April, 1994, and saving almost $200,000 by not having to put a leachate collection system in the liner as previously required by Subtitle D regulations. The Texas Natural Resource Conservation Committee has applied to EPA for designation to make Texas an approved State allowing landfills receiving 100,000 tons per day or less, to build under the present regulation extension. If the Council approves this expansion and authorizes the City Manager to negotiate and contract with Hamm Engineering, the expansion could possibly begin in November, 1993. Dwain Dodson made a motion that the city manager be authorized to negotiate and enter into a contract with Hamm Engineering for the purpose of expanding the City of Plainview Landfill; Alton Jackson seconded the motion; the motion passed unanimously. 8. Budget Hearings - Consider calling for Public Hearings on the 1993-1994 Budget adoption for September 14, 1993, and September 28, 1993. Mayor Ridlehuber asked for a motion regarding the proposed dates for Public Hearings on the Budget. Barbara Dorman moved the Public Hearings for the 1993-1994 Budget adoption be on September 14, and September 28, 1993, at 7:30 p.m. respectively; Dwain Dodson seconded the motion; the motion carried unanimously. 9. Consent Calendar a) Minutes b) Departmental Reports c) Expenditures d) Councilmember Medlin Carpenter - Resolution No. R93-114- A Resolution of the City 3of5 0081 e) of Plainview, Texas, honoring Councilmember Medlin Carpenter for his contributions to the community. Resolution No. R93-114 was approved. Bids - Sanitation Containers - Consider the re-award of bids for sanitation containers. Southwestern Equipment Co. of 3412 Ave. C, Lubbock, Texas, was awarded the bid in the amount of $239.47 each, unassembled. Boards, Commissions and Committee Appointments. Fire and Building Code Board of Appeals. No appointments were made. Barbara Dorman made a motion the Consent Calendar be approved as presented; Don Dickson seconded the motion; the motion carried unanimously. 11. Executive Session - Discussion of pending or contemplated litigation (Santa Fe Railroad-16th St. crossing, D.E. Rice Construction Co., Inc. and EMCO, Inc.) This meeting is authorized by [TEX. REV. CIV. STAT. and Art 6252-17, Sec. 2(e), (Vernon Supp. 1993).] Discussion of re-assignment of a public officer or employee (Assistant Fire Chief/Fire Marshall). This meeting is authorized by [TEX. REV. CIV. STAT. and Art. 6252-17, Sec. 2(g), (Vernon Supp. 1993).] Discussion of a public officer or employee (City Manager). This meeting is authorized by [TEX. 'REV. CiV. STAT. and Art. 6252-17, Sec. 2(g), (Vernon Supp. 1993).] Dwain Dodson made a motion the City Council move into Executive Session; Barbara Dorman seconded the motion; the motion carried unanimously. The Council retired to Executive Session. The Council reconvened in Open Session at 9:17 p.m. 12. Streets - 16th Street Railroad crossing. Consider authorizing action per the parameters discussed in Executive Session. No action was taken. 13. Sanitation/Landfill Construction - D.E. Rice Construction Co., Inc.- Consider authorizing action per the parameters discussed in Executive Session. No action was taken. 14. Emco, Inc. - Consider authorizing action per the parameters discussed in Executive Session. Barbara Dorman made a motion the City Attorney be authorized to proceed within the parameters outlined in Executive Session; Don Dickson seconded the motion; the motion carried unanimously among the five councilmembers present, as Alton Jackson was called away on a family emergency. 15. Fire - Personnel- Appointment of Assistant Fire Chief/Fire Marshall by Bruce A. Watson, Fire Chief. Bruce Watson, Fire Chief, spoke to the Council saying he appreciated the opportunity to appoint Roland Asebedo, Fire Marshall, to the position of Assistant Fire Chief. He praiSed Asebedo's qualifications and stated he would be of valued assistance in the day to day management of the fire department. Chief Watson asked 4of5 OO82 Roland to come forward; Roland Asebedo thanked Chief Watson and the Council for the appointment. 16. Fire Department. Civil Service - Ordinance No. 93-2965. An Ordinance of the City of Plainview, Texas, providing for the amending of Ordinance No. 91-2885 to eliminate the position of Fire Marshall; Providing for an increase in the number of personnel in the fire fighter classification; Severability clause; Cumulativeness clause; Conflicts clause; Publication clause; And effective date. Barbara Dorman made a motion that Ordinance No. 93-2965 be adopted and approved as presented; Don Dickson seconded the motion; the motion carried with Dorman, Dickson and Kirchhoff voting for the motion; Dodson and Favila voted against it. Alton Jackson was absent. Dwain Dodson stated his reason for voting against it was that he was reluctant to create another upper management position within the city government. 17. Adjournment. Dwain Dodson made a motion the meeting adjourn; Barbara Dorman seconded the motion; the motion carried unanimously among the five councilmembers present. Passed and approved on September 14, 1993 E. V. Ridlehuber, Mayor A'I-rEST: Ka~ren McBeth, City Secretary 5of5