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HomeMy WebLinkAbout92 0909 min251 MINUTES CITY COUNCIL MEETING September 9, 1992 The City Council of the City of Plainview met in a regularly scheduled meeting on September 9, 1992, at 7:30 p.m. in the City Hall, 901 Broadway, Plainview, Texas, with Mayor E.V. Ridlehuber presiding. Councilmembers present were: Alton Jackson - Precinct 1, Mary Virginia Kirchhoff - Precinct 2, Don Dickson - Precinct 3; Medlin Carpenter - Precinct 4; Barbara Dorman - Precinct 5, Dwaln Dodson Precinct 6, and Irene Favila - Precinct 7. Staff present were: James P. Jeffers - City Manager, Diane Groh - Director for Community Services, NormAn Hugg~ns - Director of FLn~nce, Wally Hatch - City Attorney, Terry Powers Director of Human Resources, Barbara Sullivan - Municipal Court Judge, Roy L. Osborne - Director of Public Safety, and Karen McBeth - City Secretary. Media present: Richard Orr - Plainview Daily Herald, T.i~a Hightower - KVOP/KATX, Amy Guess - Lubbock Avalanche Journal, and Ridley Gibson - Plainview Cable TV. OPEN MEETING 1. Invocation - Mary Virginia Kirchhoff 2. Recognitions There were no recognitions. 3. Oath ~f Office - Glenn Bickel took the Oath of Office for the Board of Directors of the Canadian River Municipal Water Authority. 4. Plat - prellmi..my lti~st Addition Unit No. 3. Considemation of Resolution No. R92-127. A Resolution of the City Council of Plainview, Texas, approving the preliminary plat of Ridgecrest Addition, Unit No. 3, Plainview, Hale County, Texas. No one was present to speak regarding this agenda item. Barbara Dorman made a motion this agenda item be tabled; Don Dickson seconded the motion; the motion carried unanimously. 5. Plainview/Hale County Indugt~ial Foundation Review of past activities and consideration of contract for services. J. David Williams, President of the Plainview/Hale County Industrial Foundation reported the two major activities of the Foundation this past year were Bean~ime Foods, Inc. and acquisition of a Texas Department of Justice Criminal Substance Abuse Facility. Beantime Foods, Inc. expects to be in full production in January or February of 1993. Beantime Foods ks a agricultural related value added industry which benefits area farmers as well as supplying jobs. Beantlme hopes to employ 150 people. The Substance Abuse Facility will employ 170 people. He thanked the Council for their help in attempting to acquire low to moderate income housing through Farmers Home Administration. He stated the Foundation is dedicated to attracting new industry to Plainview, but also to Working with local industry for their growth and development. He thanked .~he Council for taking the lead in expanding the Enterprize Zone, which includes Beantime Foods, Inc. and EXCEL. The expanded Enterprize Zone will help both new and existing industries. EXCEL, Plalnview's largest employer, currently has underway a $10 million dollar expansion program 1 of 5 252 which will employ an additional 35 people. Over the past two years, there has been an additional 340 jobs for Plainview due to the City, County, and Industrial Foundation efforts. The $14 million dollar construction cost of the Substance Abuse Facility will help our local economy. He stated that while they have good things to report, they will continue to work diligently to acquire even more business and industrial prospects for Plainview and Hale County. The Industrial Foundation has a budget of $150,000 annual/y; $100,000 is received in dues from members, $25,000 from the County, and $25,000 from the City of Piainview. He hoped the City would continue to support the Foundation as it has in the past. He stated the Plainview/Hale County Industrial Foundation hopes to move its offices into the building the City recently purchased located at 304 West 6th St. Mayor Ridiehuber thanked Mr. William~ for his report. Medlin Carpenter made a motion the Council approve the proposed annual contract for the Plain-view/Hale County Industrial Foundation; Dwain Dodson seconded the motion; the motion carried unanimously. 6. Pl~Linview/Hale County Industeial Foundation - Consideration of lease of properties to the Foundation at 304 West 6th St., Plainview, Texas. City Manager Jim Jeffere reported the Industrial Foundation must find new quarters and wished to negotiate a lease agreement with the City for offices located at 304 West 6th, the future City Hall. The structure is currently occupied by a financial institution and the Council is interested in extending their lease agreement for another year. Even though the financial institution occupies the majority of the lower floor, there is ample room for the Industrial Foundation to office there also. He asked the City Council to authorize him to negotiate and enter into a lease agreement with the Industrial Foundation for a portion of the property at 304 W. 6th St., for a period of one year. Rent will be in-kind service to the City, therefore there will be no cash paid to the City. There may or may not be a prorata share of the utilities paid by the Foundation, depending on negotiations with the current occupant of the building. Mayor Ridlehuber asked if the Council had any discussion of the subject. Barbara Dorman stated the 'offer made good sense and she made a motion the Council authorize Mr. Jeffers to negotiate and enter into a lease agreement with the Plainview/Hale County Industrial Foundation for a period of one year; Medlin Carpenter seconded the motion; t_he motion carried unanimously. 7. Budget - Public Hearing on proposed 1992-1993 Budget. City Manager Jim Jeffers reviewed the proposed 1992-1993 Budget. He stated the City of Piainview had exhibited excellent fiscal responsibility over the past years, and this was reflected in the interest rate the City was awarded when it recently sold $5 million in certificates of obligation to pay for the new landfill, and water and sewer improvements. That interest rate was the lowest at the time, and he has heard no reports of any being lower. Mr. Jeffers reported the new landfill will possibly be open the last of September, but most certainly in October. Mayor Ridlehuber called for a motion for public hearing. Barbara Dorman made a motion declaring a public hearing; Alton Jackson seconded the motion; the motion carried unanimously. Mayor Ridlehuber asked all those speaking for the proposed budget to step forward; no one spoke. The Mayor then asked for those speaking against the budget to come forward; no one spoke. Barbara Dorman made a motion the public 2of5 253 hearing close; Don Dickson seconded .the motion; the motion passed unanimously. 8. Ordinance - Amendment - Ordinance No. 92-2934. An Ordinance of the City of Plainview, Texas, amending Chapter 2, Article VII of the Plainview Code of Ordinances to provide for alternate leasing procedures for property in an Enterprise Zone; Cumulativeness clause; Conflicts clause; And effective date. City Attorney Wally Hatch told the Council this ordinance allows the City to dispose of property in an Enterprize Zone differently than allowed by ordinances now in effect. At the present Time it is required that disposing of property must be done by 'hid and sold at fair market value. This was done prior to the Enterprize Zone. The proposed ordinance incorporates what is allowed by State law. Medlin Carpenter made a motion the ordinance be adopted; Don Dickson seconded the motion; the motion passed unanimously. 9. Prope~ 600 East Sth St. Consideration of lease agreement with MHMR. City Attorney Wally Hatch stated the ordinance just passed allows the City to lease to MHMR, the property located at 600 E. 6th, on a monthly basis for a period of one year for $500 per month. This does not apply toward the purchase price. The use of the facility is .limited to the Regional Youth Associates Program, and no other. Should they decide to purc]qase the building, it will be at a m~nimum price of $5,000. At that Time the Council can decide if they want to let the building out for bids, with a minim,~m price of $5,000. Mr. Dick Hatfield of MHMR stated his organization agreed to all the provisions of the agreement and will sign the lease agreement as presented. Don Dickson made a motion the City Manager be authorized to execute said agreement; Mediin Carpenter seconded the motion; it passed unaBimously. Mr. Carpenter was excused from the Council meeting to attend another engagement. 10. Health Department - Consideration of approval of Texas Department of Health Contracts for 1992-1993. Mary Lou Truesdale of the Plainview/Hale County Health Department reviewed the 1992-93 contract with the Texas Department of Health. She stated she would be retiring next s~,mmer but would continue until that time. Don Dickson made a motion the Mayor execute the contract as presented; Barbara Dorman seconded the motion; the motion passed unat~imously among the six councilmembere present. 11. Zoning Ordinance - Amending-hr Ol-dinance No. 92-2933 - An Orch~ce amending the zoning ordinance No. 89-2798; providing for an amendment to Section 31: 5.4, special off street parking regulations, to delete existing subsection 4; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. Director for Community Services Diane Groh explained this ordinance was being presented to delete the portion of ordinance No. 89-2798 which was inadvertently included, dealing with off street parking, the parking of recreational vehicles and heavy equipment in the front yard area of agricultural and single f~m~ly district. The Planning and Zoning Commission voted 3 to 2 for deleting this specific section of the ordinance. This will also delete the restriction of the amount of area in front of a house which can be driveway. The Mayor asked for a motion calling for public hearing. Barbara Dorrnan made such a motion; Don Dickson seconded the motion; the motion carried unanimously among the six counci]members present. 3 of 5 254 The Mayor asked that anyone wishing to speak for the proposed ordinance to come forward; no one did. Mayor Ridlehuber asked those speaking against the ordinance to come forward. Mr. Brandon Brownlee, a member of the Planning and Zoning Commission spoke, saying that while he did vote for deleting this section during the Planning and Zoning Commission meeting, he had since decided it should be studied much further before making any changes. He proposed it go back to the Planning and Zoning Commission and get a better determination of what the ordinance should and should not address. There was no further public input. Dwain Dodson made a motion to close the public hearing; Barbara Dormau seconded the motion; the motion passed unanimously among the six councilmembers present. Councilmember Dwain Dodson made a motion that any action on the proposed ordinance be tabled; Alton Jackson seconded the motion. Barbara Dorman stated a community wide committee should be formed to determine what citizens want their city, neighborhoods and yards to look like. This committee should consist of representatives from all the neighborhoods and have Staff tak~ from September of 1992 to January of 1993 to make recommendations on formulation of the committee. Don Dickson said he felt the Council all agreed fundamentally that they wanted the same thing, he simply felt the portion of the ordinance that was included in error, should be removed and then a committee should be formed to study what the citizens do, and do not want. Mr. Dickson stated this committee should include one or more people from the Council and Planning and Zoning Commission. He stated the things in the ordinance now are not sensible. Dwain Dodson said he wished to amend his motion to include that a committee be formed; that staff have until the first of the year to determine the structure and scope of such a committee; and such committee to report on how the entire community should look, so as to avoid the problems other cities have encountered. The Mayor stated he had a motion to table action on the ordinance until a committee could be appointed to formulate the changes which the community wanted, the motion had been seconded and he asked for a vote; Alton Jackson, Mary Virginia Kircbhoff, Dwain Dodson and Irene Favila voted for the motion; Don Dickson and Barbara Dorman voted against the motion; Medlin Carpenter was not present. The motion carried. The Mayor said the Council. and Staff would undertake the formation of a committee to address this issue. 12. Walter Griffin Street Citizen input. The Mayor asked if anyone was present who wished to speak regarding the naming of Waiter Griffin St. No one came forward. ALL MATTERS UNDER ITEM 13 CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED ON A MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS OTHER THAN THE ASKING OF QUESTIONS FOR SIMPLE CLARIFICATION. ON OBJECTION BY ANY PARTY TO THE INCLUSION OF ANY ITEM ON THE CONSENT CALENDAR, THAT ITEM SHALL BE REMOVED FROM THE CONSENT CALENDAR. SUCH OBJECTION MAY BE RECORDED ANY TIME PRIOR TO THE TAKING OF A VOTE ON THE MOTION TO APPROVE THE CONSENT CALENDAR. ALL SUCH ITEMS SILAI.I, BE CONSIDERED INDIVIDUALLY IN THE ORDER IN WHICH THEY ARE OBJECTED TO, IMMEDIATELY FOLLOWING THE CONSIDERATION OF THE CON SENT CALENDAR. 13. Consent Calen4~'. 4of5 a) Minutes b) Department Reports c) Budget Expenditures d) Boards, Committee and Co,~m~_~!rm APl~_'ntments - COnsideration of appointment to Human Relations Commission. No appointments were made. e) Pa~ks - Jaycee Park - Consideration of extension of Optimiats' lease. The lease was extended. Alton Jackson made a motion the Consent Calendar be adopted as presented; Barbara Dorman seconded the motion; the motion carried unanimously. 14. Executive Session - Prope~ aequla~tion - Discussion of purcba.~e, exchange, lease or value of real property, or negotiated contract for prospective gift (Property around 304 West 6th Street). This meeting is authorized by (TEX. REV. CIV. STAT. ANN. art. 6252-17 Section 2(f) Vernon Supp. 1991). Barbara Dorman made a motion the Council move to Executive Session; Don Dickson seconded the motion; the motion carried unanimously among those present. The Council reconvened at 8:40 p.m. 15. Adjournment. Barbara Dorman made a motion the meeting adjourn; Dwaln Dodson seconded the motion; the motion carried unanimously among the six councilmembers present. The meeting adjourned at 8:43 p.m. PASSED AND APPROVED on September 22, 1992. E. V. Ridlehuber, Mayor ATTEST: 255 5 of 5