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HomeMy WebLinkAbout92 0128 min152 MINUTES City Council Meeting January 28, 1992 The Plainview City Council met in a Regular Meeting on Tuesday, January 28, 1992, in the Council Chambers of the Plainview City Hall at 7:30 p.m., with MaYor E.V. Ridlehuber presiding. Councilmembers present were: Alton Jackson - Precinct 1; Mary Virginia Kirch_hoff - Precinct~ 2; Don Dickson - Precinct 3; Medlin Carpenter - Precinct 4; Barbara Dorm~an - Precinct 5; Dwain DOdson - Precinct 6; and Ross Owen - Precinct 7. Staff Present: James P. Jeffers City Manager; Bill Hogge Director of Public Works; Terry Powers Director of Human Resources; Roy Osborne - Director of Public Safety; Barbara Sullivan Municipal Court Judge; Norman Huggins Director of Finance; Diane Groh Director for Community Services; Wally Hatch - City Attorney; and Karen McBeth, City Secretary. Media Present: Richard Orr - Plainview Daily Herald; Ridley-Gibson Plainview Cable TV; Randy Ballinger - KKYN; and Scott Fitzgerald - Lubbock Avalanche Journal. Guests: Bob Bass, Attorney; Mr..and Mrs. David Garcia; Darlene Sanders; Mary Pedroza; Emelia P. Garza; Rafel Lopez; Tiffin Wortham; Gilbert and Linda Perez; Mr. and Mrs. George Gatica; Jim Ferrell; Bill Cagle; Norman Wright; Jim Mock; James Measles; David Williams; David Wilder; Irene Favila;Treva James; J. B. Wheeler; Adam Chavez; E. E. McDonough; Irma Rosas; Rey Rosas; Scott Home; Ron Wright; Amy Hall; Chuck GalHmore; Rodolfo Mares, Jr.; and Nancy Garcia. OPEN MEETING An Open Meeting was held on the following subjects: 1. Invocation - Mary Virgina Kirchhoff Oath of Office - Norman Wright was sworn to office on the Airport Board; Treva James was sworn to office on the Library Board; and Lenard Harper was sworn to office on the Electrical Board. 3. Redistricting - The Mayor called on Bob Bass, Attorney, to summarize the three plans submitted to the Redistricting Task Force for consideration. The Redistricting Task Force unanimously recommended the City approve Plan III to be submitted to the Department. of Justice for pre-clearance, Mr. Bass stated the standards of the Voting Rights Act predicated that Plan III would most likely be approved by the Department of Justice. Plan III numerically predicted minority candidates in Precincts 1, 3 and 7; anglo candidates in Precincts 4, 5 and 6; and Precinct 2 could numerically go either way. Mr. Bass stated that Plan III keeps the precinct neighborhoods generally the same. The Mayor asked for comments and/or questions. Mr. Rudy Mares, Attorney for Texas Rural Legal Aid, spoke and urged the City Council to adopt Plan III. He stated he felt Plan III was the plan most likely to receive preclearance by the Justice Department. 1 of 6 It was also the plan most easily administered. Mr. Mares believed Plan III was more balanced numerically for both anglo and minority voters. He stated any plan under ?0% minority is being questioned by the Justice Department. Councilmember Dwaln Dodson asked Mr. Mares if he was aware that Plan III seemed to divide the black neighborhood among several precincts, rather than one as it now exists. Mr. Mares said only a few houses were moved into other precincts and he did not believe this would produce any significant impact on the voting in that area of the city. Councilmember Don Dickson asked Mr. Mares if he would initiate a Challenge suit if the Council approved any plan other than Plan III. Mr. Mares said no, however he would express his views to the Justice Department, just as he had to the City Council. Mayor Ridlehuber thanked those that spoke as well as those that had worked on redistricting. Councilmember Barbara Dorman made a motion that Plan III be approved as submitted, and Ordinance No. 92-2901 for Single Member Redistricting be adopted as written; Councilmember Mary Virginia Kirchhoff seconded the motion; Councilmembers Jackson, Kirchhoff, Dorman, Dodson and Owen voted for the motion; Councilmembers Don Dickson and Medlin Carpenter voted against the motion. The motion carried. 4. HOtel/Motel Tax - Plsi,~view Municipal Country Club. Mayor Ridlehuber asked for public comment on the proposed use of Hotel/Motel Tax funds for remodeling the Plainview Country Club so as to better accommodate convention and tourism in Plalnview. Mayor E. V. Ridlehuber read the state law as pertains to the uses of Hotel/Motel Tax; he then recognized Jim Ferrell, President Chamber of Commerce. Mr. Ferreli stated that the request for $400,000 from the Hotel/Motel Tax Reserve Fund would be used to enlarge the ballroom, add three public meeting rooms; and enlarged the kitchen and bathroom facilities. These larger facilities would accommodate conventions/meetings up to 450 persons. This would encourage groups in need of this type facility to come to Plainview, thereby bringing more business to the City. He asked the Council to render a favorable decision on this request, and also asked that the Chamber of Commerce still keep their percentage of the Hotel/Motel Tax at the same level as last year, so they may continue to promote Plainview. Jim Mock, President Plalnview Municipal Country Club, and Terry Teague, Country Club Member showed the proposed additions and renovations to the Country Club. Mr. Teague expressed his concern that Plalnview has no place for events of the magnitude as could be held at the proposed facility, therefore these events were being held in other cities. He stated a joint effort between Plalnview Country Club and the City could better promote Plalnview as a place for conventions, trade shows, reunions, etc. Mr. David Wilder reviewed the monies needed for the proposed renovations. He stated the total amount needed for additions, enlargements and refurbishing would amount to $1.5 million. He stated the members of the Country Club would pay for everything above the $400,000 Hotel/Motel Tax. Mayor Ridlehuber asked the Council if they had any questions of the representatives from the Chamber of Commerce or the Country Club. Councilmember Barbara Dorman asked Jim Ferrell ff there was any one in position to aggressively solicit those organizations who would use the proposed facilities. Mr. Ferrell said the Chamber of Commerce systematically asked organizations in town to use facilities which are available in Plalnview. He stated that no one really solicits these. David Williams , Chairman of the Plainview/Hale County Industrial Foundation, spoke in favor of the proposal. He stated many times visitors are favorably impressed with the City and move here. Mr. J. B. Wheeler, 216 N.W. Alpine, spoke stating 2of6 154 that the Rotary Convention met in Plalnview and they plan to do so again. He believes that other organizations would meet here also. Mr. Lionel Garcia, 1812 Lexington, asked where the additional $210,000 would come from if there was only $230,000 in the Hotel/Motel Tax Reserve Fund now. Mayor Ridlehuber explained that the $210,000 would be paid out over a period of years from the Hotel/Motel Tax revenues. Mr. Earl McDonough, 902 S. Date, asked that in regards to the renovated facilities, if there were .disagreement between the City and the Country Club, who would be the ultimate authority? City Manager James Jeffers stated that the facility was in faCt owned by the City of Plainview, leased to the Country Club, therefore the City would be the final authority. Mr. Gilbert Perez, of 2402 Hoyle, spoke against the proposed project because he felt there were many other things that needed to be taken care of in the City rather than remodeling a building which the majority of the people will not-be able to use. Mr. Rey Rosas, 1212 Lexington, spoke against the project because he felt the only reason the proposed convention use rooms were being placed at the Country Club, Was because alcoholic beverages could be served there. He felt the' general citizenry would be better served to build a civic center that did not serve alcoholic beverages. Councilmember-Barbara Dorman stated that the cost of building such a facility from ground up would be well over one million dollars. Mr. James Measles, 4309 W&~ 2nd, spoke in favor of the proposal. He looked at it as an investment as opposed to an expenditure. He felt it would return many times the amount ~of dollars invested from the Hotel/Motel Tax fund. Mayor Ridlehuber asked for any further comments; hearing none he asked for a motion. Councilmember Don Dickson made a motion that the City Council approve the $400,00 request;set up a fund in the amount of $230,000; authorize James Jeffers, City Manager to negotiate a new agreement with the Plalnview Country Club regarding the use of the $400,000; the proposed repairs and renovations comply with competitive bidding requirements;and allow for a seven year pay back from the Hotel/Motel Tax Reserve Fund. Ross Owen seconded the motion. Before a vote was taken, Councilmember Dwain Dodson 'stated he believed that while this was a worthwhile project, and knowing his Precinct was full of Country Club members, and being a member himself, he knew the facilities would be used. Mr. Dodson read from a letter written by Country Club President Jim Mock stating the present facilities were adequate for their membership. Mr. Dodson stated that while he knew the Hotel/Motel Tax revenue could be used only for projects which promoted convention and tourism, he was concerned that with only $230,000 in the-fund now, the remainder of the amount would come from future Hotel/Motel Tax funds over a period of years and that should those funds diminish the committment might at some future date be added to the city budget and this would not be right. He stated he is emphatically opposed to spending money from the city budget on the Plainview Country Club property. Mr. Dodson also stated he was very disappointed in the Chamber of Commerce for their apProving such a project, yet failing to commit any funds to it. Councilmember Alton Jackson stated he was willing to give the $230,000 presently in the-Hotel~Motel Tax Reserve Fund to this project, but no other money. Mayor Ridlehuber reminded the Council there was a motion made and seconded and asked for a vote. Councilmembers Mary Kirchhoff, Don Dickson, Medlin Carpenter, Barbara Dorman and Ross Owen voted for the motion; Councilmembers~ Dwaln Dodson and Alton Jackson voted against. The motion carried. 3 of 6 155 At this time Mayor Ridlehuber called ten minute recess. reconvened at 9: 40 p.m. The meeting 5. Plainview Higher Education Facilities Corporation. Ordinance No. 92-2898. An Ordinance by the City Council of the City of Plainview, Texas, requesting, ordering, approving and authorizing the creation of the "Plainview Higher Education Facilities COrporation" to act for, and on bebal¢ of the City pursuant to and in accordance with the provisions of Section 53.35(b) of the Texas Education Code, as amended; approving the articles of incorporation for its creation and initial bylaws governing its affairs; appointing the initial board of directors therefor; and making certain findings, recitals, and provisions in regard to said corporation and matters incident and related to its establishment, operations and affairs. Mr. Jeffers explained to the Council that Wayland Baptist University was entering into a contract with Honeywell Corl~oration to do extensive electrical, heating and cooling repairs to many of it~ facilities and this was an efficient tax exempt way to finance the capital investment and it in no way committed the City to any liability whatsoever. Councilmember Medlin Carpenter made a motion the ordinance be adopted; Councilmember Alton Jackson seconded the motion. The motion carried unanimously. 6. Pa~ks Duck Pond. Mr. Jeff ers reported that a fence could be built and other pertinent changes made to the duck pond at 11th and Ennis Streets so as to facilitate fishing at that location and declare it a city park. Dwaln Dodson made a motion to spend no more than $5,000 on the proposed fence and changes. Councilmember Barbara Dorm~n seconded the motion. Councilmembers Jackson, Kirchhoff, Dickson, Carpenter, Dorman and Dodson voted for the motion; CounciJmember Ross Owen voted against it. The motion carried. 7. Fi~e - Key Rate. City Manager Jim Jeffers reported that he and three others representing the City will be going to Austin to challenge the increase in the city's key rate determination. 8. Police - Personnel F~nge Benefits. Ordinance No. 92-2899. An Ordinance of the City Council of Plainview, Texas, establishing certain fringe benefits for the City of Plainview Police Department. Mr. Roy Osborne reported that following a volunteer dialogue with the police personnel of the city there are proposed additional vacation days and sick leave. This is to equalize the amount of vacation days and sick leave received by the Firefighters and the Police Department. This will result in approximately $1,097.44 additional overtime per year being paid to police officers. Mr. Osborne explained that the Firefighters are under Civil Service and the Police officers are not, and this is one way of giving similar, benefits, but yet not so costly as Civil Service. Councilmember Mediin Carpenter stated that Civil Service for the Firefighters has resulted in an excess cost of $100,000 per year to the City. Mr. Osborne reported this increased vacation and sick leave would promote a more positive attitude and working relationship. Councilmember Barbara Dorman made a motion that Ordinance No. 92-2899 be adopted as written; Medlin Carpenter seconded the motion; the motion carried unanimously. 9. Consent Calendar. 4 of 6 a) Minutes b) Department Reports c) Budget Expenditures d) Boards and Committee Appointments (Human Relations commission, Library Board, Airport Board, Housing Authority, Plumbing Board, Electrical Ex-miners, Planning and Zoning, Board of Adjustment, Minimum Housing Standards, BuildingfFire Code Board of Appeals and the Plainview Higher Educational .Facilities Corporation). e) Utilities - State and Federal Prison Rates. Ordinance No. 92-2897. An Ordinance of the city of Plalnview,Texas, amending Chapter 24, "Utilities" of the Code of Ordinances of the City of Plainview, Texas, to add a provision for State and Federal Prison Rates; Severability clause; Cumulativeness clause; Conflict clause,; and Effective Date. f) Ambulance Rates Ordinance No. 92-2896. An Ordinance of the City of Plalnview, Texas, amending Chapter 4, "Ambulances" of the code of Ordinances of the City of Plalnview, Texas, establishing rates for ambulance service to a proposed State or Federal prison; Providing a severability clause; Providing a cumulativeness clause; Providing a conflict clause; and providing for an effective date. g) Budget Amen~t. Ordinance No. 92-2900. An Ordinance of the city of Plalnview, Texas, amending, the Parks Department budget of the General Fund of the 1992-1992 Budget. h) Taxi~bs - Ordinance No. 92-2895. An Ordinance of the City of Plainview, Texas, amending Chapter 7, "Business and Occupations", of the city Code of the City of Plainview, with regard to Taxicabs. i) Slued Zone - Ordinance No. 92-2893. An Ordinance of the City of Plalnview, Texas, fixing the maximum rate of speed for motor vehicles; allowing for speed zones; providing for penalty; and declaring an emergency. j) Speed Zone - Ordinance No.'-92-2894. An Ordinance of the City of Plainview, Texas, fixing the maximum rate of speed for motor vehicles; allowing for speed zones; providing for penalty; and declaring an emergency. k) Parks - Lease Agreement City of-Plainview - Optimist Snmmer Baseball P~ogeam. Authorization for Mayor to execute a Lease Agreement for the City of Plainview Optimi.~t Summer Baseball Program and a 1992 concession agreement for the Optimist Summer Baseball Program. 1) Sam'tation - Landfill - Resolution No. R92-101. A Resolution of the City of Plalnview, Texas, declaring an intention to issue certificates of obligation; providing for proceeds to be used for costs related to engineering, permitting and construction fees, purchase of land, landfill and liner construction costs; and providing for re-imbursement to City from certificate proceeds for certain expenditures made prior to availability of certificate of obligation proceeds. 5 of 6 157 Councilmember Barbara Dorman made a motion the Consent Calendar be approved as presented; Dwain Dodson seconded the motion; the motion carried unanimously. 10. ~-~xeeutive Session - Discussion of appointments to the various Boards, Commission and Committees of the City of Plainview to include: Human Relations Commi.~sion; Library Board; Airport Board; Housing Authority; Plumbing Board; Electrical Board; Planning and Zoning; Board of Adjustment; Minimum Housing Standards; Building Code/Fire Code Board of Appeals; Plainview Higher Education AUthority Corporation. This meeting is authorized by (TEX~ REV. CIV. STAT. ANN. art 6252-17, Sec. 2(g) (Vernon Supp. 1990).) Discussion of evaluation of a public officer or employee (Director for Community Services). This meeting is authorized by (TEX. REV. CIV. STAT. ANN. art 6252-17 Sec. 2(g) (Vernon Supp. 1990).) Discussion of purchase, exchange, lease, or value of real property or negotiated contract for prospective gift. (Sunbelt Savings building located at 304 West 6th Street, Plainview, Texas). This meeting is authorized by (TEX. REV. CIV. STAT. ANN. art 6252-17, Sec 2(f) (Vernon Supp. 1990).) The Council reconvened from Executive Session at 10:40 p.m.; Councilmember Barbara Dorman made a motion that item 11 on the agenda be tabled until a later meeting; Ross Owen seconded the motion; the motion carried unanimously. 12. Adjou~,m~ent - Councilmember Barbara Dorman made a motion the meeting adjourn; Ross Owen seconded the motion; the motion carried unanimously. Mayor Ridlehuber declared the meeting adjourned at 10:50 p.m. E. V. Ridlehuber, Mayor ATTEST: Kar~n McBeth, City Secretary 6 of 6