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HomeMy WebLinkAbout93 0914 min0085 MINuTEs CITY COUNCIL MEETING September 14, 1993 The City Council of the City of Plainview, Texas, met in a Regular Meeting on Tuesday, September 14, 1993, at 7:30 p.m. in the Council Chambers of City Hall at 901 Broadway. The Council met in Pre-Session at 7:00 p.m. Mayor E. V. Ridlehuber presided. Councilmembers present were: Alton Jackson Sr. - Precinct 1, Mary Virginia Kirchhoff - Precinct 2, Don dickson - Precinct 3, Dwain Dodson - Precinct 6, and Irene Favila - Precinct 7. Absent was Barbara Dorman - Precinct 5. Precinct 4 remains vacant until November 2, 1993, election. Staff present were: James P. Jeffers - City Manager, Bil Hogge - Director of Public Works, Wally Hatch - City Attorney, Muff London - Director for Community Development, Terry Powers - Director of Human Resources, Norman Huggins - Director of Finance, Bruce Watson - Fire Chief, Captain Dan Miller, Captain Dennis Harkins, John Castro- Health Department Director, and Karen McBeth - City Secretary. Guests present were: J.B. Wheeler, Sandy Howard, Mike Hutcherson, Wanda Lindemann, Lester W. James Jr., W.M. Tyler, Lloyd Woods, John Castro, James Odom, Betty Huffine, Rick Huffine and Wanda Lindemann. Media present: Richard Orr- Plainview Daily Herald. OPEN MEETING 1. Invocation - Dwain Dodson 2. Recognitions/Oath of Office - J. B. Wheeler, 216 N.W. Alpine Dr. praised the Honor Guard of the Plai nview Police Department and the representatives of the Fire Department who took part in honoring Uedlin Carpenter on the day of his funeral. Mr. Wheeler stated they were perfectly groomed, executed as a precision group and he was extremely proud to know they represented his city. The Mayor thanked him for his comments. Captain Dennis Miller thanked Mr. Wheeler for his kinds words regarding the Honor Guard. Capt. Miller addressed the Council, explaining how they are rearranging police officer's shift hours so as to always have extra persons on duty during the lunch time and end of school time. Essentially, each shift stays on an additional number of hours so as to have twice the number of police officers on duty during each if these critical time periods. He stated the Detective Division was working overtime also so as to illustrate the intolerance of violent behavior. All of these efforts add a higher degree of visibility. Several parents have come to school to monitor the halls and this is good. To date, a total of $1,800 in overtime has been paid for extra patrols at high schools. The Mayor thanked Capt. Miller for his report. 3. Budget - Capital Improvements Program - Public Hearing. City Manager James Jeffers reviewed the proposed budget by going over the highlights of the Ge neral Fund, Sanitation Fund, Water & Sewer Fund of the $10,800,000 budget. He reported the rax rate of $0.47.14 will remain the same. He reviewed revenues of the city departments. He itemized specific expenditures for the entire city including the Capital 0O86 Improvement Fund. Mayor Ridlehuber stated this was the,first of two public hearings and asked for a motion; Don Bickson moved the meeting open for public hearing; Bwain Bodson seconded the motion; the motion passed unanimously among the five councilmembers present. The Mayor asked those speaking for the proposed budget to come forward at this time. Jack Oswald, 513 West 7th St., spoke thanking the Council for their help in funding with the Humane Society. He stated he appreciated this very much. The Mayor asked if anyone wished to speak against any of the proPOSed budget; no one came forward. Dwain Dodson moved the public hearing close; Alton Jackson Sr. seconded the motion; the motion carried unanimously. 4. Hale County Reciprocal Agreement- Consider authorizing the Mayor to execute a renewal of the Reciprocal Governmental Agreement between Hale County and the City of Plainview governing the housing of inmates; municipal judge arraignments; responsibility for inmates; emergency calls; additional assistance; and animal control. Jim Jeffers reviewed the agreement between Hale County and the City explaining that in exchange for the County housing city prisoners, the City agreed to answer fire calls and animal control calls within a radius of the City up to 1 1/2 miles of the City Limits. He recommended no changes in the agreement. Dwain Dodson made a motion the agreement be renewed as presented; Don Dickson seconded the motion; the motion carried unanimously among the councilmembers present.' 5. Zone Case 612-R2 to Cl, 302 S. Broadway. Ordinance No. 93-2971 - An ordinance amending the zoning map of the City of Plainview, Texas to rezone property located on 302 S. Broadway from an R-2, single family residential district, to a C-1, neighborhood retail and service district; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. Director for Community Development Muff London reviewed the proPOsed ordinance for the Council explaining that the person applying for the zone change wishes to open a beautiy shop in the area. The city received no objections to the proposal and it was approved by the Planning and Zoning Commission. Don Dickson moved there be a public hearing; Dwain Dodson seconded the motion; the motion carried unanimously and the Mayor declared the Public Hearing open. Betty Huffine, 1307 Travis, asked that the Council approve the zone change as stipulated in the ordinance. No one spoke against it. Irene Favila moved the public hearing close; Dwain Dodson seconded the motion; the motion carried unanimously and the Mayor declared the Public Hering closed. Dwain Dodson moved Ordinance No. 93-2971 be approved as presented; Mary Virginia Kirchhoff seconded the motion; the motion carried unanimously. 6, Zone Case 613 - Specific Use Permit in a C-3 Zone - 3416 Olton Road. Ordinance No. 93-2970 - An Ordinance authorizing the issuance of a specific use permit to operate a private club in a C-3, commercial general business district; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. Director for Community Development Muff London reviewed the proposed ordinance explaining the specific use permit was requested to open a private club at 3418 Olton Road. She stated this has long been the site of a private club and the proposed operator of the club has agreed to keep it clean, keep the back area fenced and to keep it clean also. She stated the Planning and Zoning Commission had approved issuance of the Specific Use Permit. Don Dickson moved to call for public hearing; Dwain Dodson seconded the motion;the motion carried unanimously and the Mayor declared the Public Hearing open. David Reves, 3913 SideS, came forward to speak for the proposed Ordinance stating as operator of the private club, he will try to improve the potential traffic problem behind the club and he asked the Council to please approve the Ordinance. No one sPOke against it. Dwain Dodson moved to close the Public Hearing; Irene Favila seconded the motion; the motion carried unanimously. Mary Virginia Kirchhoff moved Ordinance No. 93-2970 2of5 0087 be approved as presented; Irene Favila seconded the motion. Mary V. Kirchhoff, Irene Favila and Alton Jackson voted for the ordinance; Don Dickson and Dwain Dodson voted against the it on principle; the Ordinance passed three to two. 7. Recreation - Consider appointing two Councilmembers to serve on a Summer Recreation Committee with representation from Hale County, Plainview Independent School District and YMCA. The committee will be charged with the task of attempting to develop an effective and efficient, summer recreation program. Mayor Ridlehuber nominated Mary Virginia Kirchhoff and Irene Favila as the two representatives of the City for the proposed commission; Dwain Dodson moved they be appointed; Don Dickson seconded the motion; the motion carried unanimously among the five councilmembers present. 8. Hale County Crisis Center- Consider request from Hale County Crisis Center Board of Directors to sell property at 115 S.E. 5th Street. Sandy Howard asked the Council's direction on the property located at 115 S.E. 5th St. She stated the Crisis Center had not funds to refurbish the house as originally planned. She reported there was an individual who wanted to buy the home, and with the Council's approval, the house would be sold and the proceeds would be used to ADA retrofit the present house used as a Safe House here in Plainview. Dwain Dodson moved the Council approve the sale of this house; Irene Favila seconded the motion; the motion passed unanimously. 8a. Consider declaring 302 West 6th St. and 600 E. 6th Surplus Property. Councilmember Alton Jackson stated he does not believe the city needs to own this property. Dwain Dodson stated he believed the City could use the money from the sale of these properties for other things, such as the long list of capital improvement projects. Mary Virginia Kirchhoff stated she would like more time to study and discuss this. She said she felt like the purchase of the building at 302 West 6th was a good investment. She also felt that since Precinct 4 was without representation at this time, this item could wait until a later date when more information was available. Don Dickson stated he did not believe disposing of this property was an emergency and could wait until a later date after thoroughly studying it. Dickson moved this item be tabled to a future work session; Mary V. Kirchhoff seconded the motion; Dickson and Kirchhoff voted for the motion; Dodson, Favila and Jackson voted against the motion; the motion failed. Dodson stated the City does not need the building now, it needs the money. Dwain moved the properties be declared surplus; Alton seconded the motion; Dodson, Jackson and Favila voted for the motion; Kirchhoff and Dickson voted against the motion. Mayor Ridlehuber invoked his privilege of refusing to sign minutes, ordinances, or any documents involving this motion; in effect vetoeing the motion. City Attorney Wally Hatch informed the Council that it would take four votes to override thle Mayor's veto. Dodson moved the Council override the Mayor's decision; Alton Jackson seconded the mOtion;Jackson, Dodson and Favila voted for the motion; Dickson and Kirchhoff voted against the motion; the motion failed for lack of 2/3 majority. 9. Consent Calendar- Alton Jackson moved the Consent Calendar be approved as presented; Irene Favila seconded the motion; the motion carried unanimously. a) Minutes b) Departmental Reports c) Expenditures 3of5 0088 d) Plat - Final - Kiser Addition. Resolution No. R93-106. A Resolution of the City of Plainview, Texas, approving the final Plat of Kiser Addition, Plainview, Hale County, Texas. Approved as presented. e) Environmental Audit Report: Resolution No. R93-115. Consider acceptance of the Municipal Water Pollution, Prevention, Environmental Audit Report. Resolution No. R93-115 - A Resolution by the City Council of the City of Plainview, Texas ordering the review of the Municipal Water Pollution Prevention Environmental Audit Report and informing Environmental protection Agency of actions taken. Approved as Presented. f) Board, Committee and Commission Appointments - Fire and Building Code Board of Appeals. No appointments were made. g) Bids Award of bid for miscellaneous materials for Landfill Maintenance Barn. h) Award of bid for Liability Insurance for public officials and law enforcement. TPS was awarded the contract. Boards, Committee and Commission Attendance-Ordinance No. 93-2972. An Ordinance of the City of Plainview, Texas establishing a uniform attendance policy for members of all Boards, Committees and Commissions appointed by the City Council; Severability clause; Cumulativeness clause; Conflicts clause; And effective date. Ordinance was passed. Election - Precinct 4 - Ordinance No. 93-2969. An Ordinance calling and setting the date for the Special Municipal Election; Setting date for run-off election; Designating precinct and polling place; Designating the election of a Councilmember from Precinct 4; Appointing election officials; Setting hoUrly rate for election officials; And posting notice of election. Ordinance was passed. Supplemental Agreement No. 2; Lease No. DTFA07-84-L-01031 Hale COunty Airport Traffic Control Tower (ATCT) Plainview, Texas - Consider authorizing Mayor to sign a supplemental agreement extending the lease until 1998. Mayor was so authorized. 10. 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).] Evaluation 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).] Mary Virginia Kirchhoff moved the Council retire to Executive Session; Don Dickson seconded the motion; the motion carried unanimously. The Council retired to Executive Session at 8:45 p.m. 4of5 OO89 VOID d) Plat - Final · Kiser Addition. Resolution No. R93-106. A Resolution of the City of Plainview, Texas, approving the final Plat of Kiser Addition, Plainview, Hale County, Texas. Approved as presented. e) Environmental Audit Report: Resolution No. R93-115 - Consider acceptance of the Municipal Water Pollution, Prevention, Environmental Audit Report. Resolution No. R93-115 - A Resolution by the City Council of the City of Plainview, Texas ordering the review of the Municipal Water Pollution Prevention Environmental Audit Report and informing Environmental protection Agency of actions taken. Approved as presented. Board, Committee and Commission Appointments - Fire and Building Code Board of Appeals. No appointments were made. g) Bids Award of bid for miscellaneous materials for Landfill Maintenance Barn. Award of bid for Liability Insurance for public officials and law awarded the contract. enforcement. TPS was h) Boards, Committee and Commission Attendance- Ordinance No. 93-2972. An Ordinance of the City of Plainview, Texas establishing a uniform attendance policy for members of all Boards, Committees and Commissions appointed by the City Council; Severability clause; Cumulativeness clause; Conflicts clause; And effective date. Ordinance was passed. Election - Precinct 4 - Ordinance No. 93-2969. An Ordinance calling and setting the date for the Special Municipal Election; Setting date for run-off election; Designating precinct and polling place; Designating the election of a Councilmember from Precinct 4; Appointing election officials; Setting hourly rate for election officials; And posting notice of election. Ordinance was passed. Supplemental Agreement No. 2; Lease No. DTFA07-84-L-01031 Hale County Airport Traffic Control Tower (ATCT) Plainview, Texas- Consider authorizing Mayor to sign a supplemental agreement extending the lease until 1998. Mayor was so authorized. 10. 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 ['rEX. REV. CIV. STAT. and Art 6252-17, Sec. 2(e), (Vernon Supp. 1993).] Evaluation 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).] Mary Virginia Kirchhoff moved the Council retire to Executive Session; Don Dickson seconded the motion; the motion carried unanimously. The Council retired to Executive Session at 8:45 p.m. 4of5 OO9O The Council returned to Open Session at 9:50. 11. Streets - 16th Street Railroad Crossing - Consider authorizing action per the parameters discussed in Executive Session. No action was taken. 12. Sanitation/Landfill Construction - D.E. Rice Construction Co., Inc. - Consider authorizing action per the parameters discussed in Executive Session. No action was taken. 13. EMCO, Inc. - Consider authorizing action per the parameters discussed in Executive Session. No action taken. 14. City Manager - No action taken. 15. Adjournment. Mary Virginia Kirchhoff moved the meeting adjourn; Dwain Dodson seconded the motion; the motion carried unanimously among the five councilmembers present. Mayor Ridlehuber declared the meeting adjourned at 9:55 p.m. PASSED AND APPROVED on September 28, 1993 E. V. Ridlehuber, Mayor ATTEST: Kamen McBeth, City Secretary 5 of 5 ~ ~