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Home My WebLink About00 0125 min51 MINUTES CITY COUNCIL MEETING City of Plainview January 25, 2000 The Plainview City Council held a meeting at 7:30 p.m., Tuesday, January 25, 2000, in the Council Chambers of Plainview City Hall, 901 Broadway. Mayor Lloyd C. Woods presided. The Council met in Pre-Session at 7:00 p.m. Councilmembers present were Sam Parker,Precinct 1; Mary Jane Shanes,Precinct 2; Rey Rosas,Precinct 3; Mike Hutcherson,Precinct 4; Ross Owen,Precinct 5; Bobby McGehee,Precinct 6; and Irene Favila, Precinct 7. Staff members present were: James P. Jeffers,City Manager; Wally Hatch, City Attorney; Norman Huggins,Director of Finance; John Berry, Director of Public Works; John Castro, Director of Community Services; William Mull, Police Chief; Gary Glass, Fire Chief;and Karen McBeth, City Secretary. Guests present were Laurie Johnson, 1003 Zephyr; Pat Hill, 1211 Canyon; Joseph Ruiz, 2404 West 14th St.; Jerry Johnson, 208 N.E Alpine; Rollie Hyde, 1317 Borger; Grady Elder, 1311 Broadway; Brandon Brownlee, 1112 Holliday Dr.; Mrs. Wm. H. Davis, 1109 Yonkers; Donna Stanfield, 1111 Portland; Linda Jaynes, 110 Santa Rosa Circle; and John O. Peck, 204 S. Holliday. OPEN MEETING Invocation - The Honorable Ross Owen Pledge of Allegiance - The Honorable Lloyd C. Woods 2. Recognitions - There were none. 3. Consent Calendar a) b) c) d) e) Minutes of January 6, and January 11, 2000, were approved. Departmental Reports were accepted. Expenditures were approved.. Excused Absence was extended to Mike Hutcherson for January 20, 2000. Consider appointments to the Library Board and the Board of Adjustment. Ella M. Jones and Barbara Green were reappointed to the Library Board. Ray Jameson was reappointed to the Board of Adjustment. Resolution No. R00-100. A Resolution of the City of Plainview, Texas, approving an application for funding through the Telecommunications Infrastructure Fund for Texas Public Libraries. Resolution was approved. g) Consider the Grandview Replat of the East 50' of Lot 19, and the West 35' of Lot 20 of the Revised Grandview Addition. Replat was approved. Minutes 00 0125 Page 1 of 4 REGULAR AGENDA ITEM Ordinance No. 00-3236. Zone Case 683. An Ordinance amending the zoning map of the City of Plainview, Texas for rezoning of proposed Grandview Replat lots A & B from a Single Family Residential (F-l) zoning district to a Single Family Attached Residential (SF-A) zoning district, the same being 3609 Grandview Drive, Hale County, Plainview, Texas; Cumulativeness clause; Conflicts clause; Severability clause; And effective date. First reading. Code Administrator Greg Zielinski reviewed Ordinance No. 00-3236 and explained that at the present time this area is zoned for single family residences and the owner of this property wants to build a duplex or townhouse. The Planning and Zoning Commission approved the request, as does City Staff. It is compatible with the surrounding neighborhood, and Planning and Zoning received no negative responses from those who live in the area. Mayor Woods moved that Ordinance No. 00-3236 be approved for the first reading. Councilmember Rosas seconded the motion. Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen, McGehee, Favila and Mayor Woods voted "yes" on the motion. None voted against. 5. Annual Report from the Hale County Central Appraisal District. Mrs. Linda Jaynes, Chief Appraiser with the Hale County Central Appraisal District gave a report on this past year's activities. 6. Report on the Plainview Housing Survey January 2000 as prepared by Steve Rogers Co. Presented by Plainview/Hale County Industrial Foundation. Mr. Rollie Hyde, Chairman of the Housing Committee of the Plainview/Hale County Industrial Foundation gave an overview of the Housing Survey prepared by Steve Rogers Co. of Amarillo. Ordinance No. 00-3237 An Ordinance of the City of Plainview authorizing the condemnation of private property to be used for the purpose of a public road; Severability clause; Cumulativeness clause; Conflicts clause; And effective date. First reading. City Attorney Wally Hatch said the appraisals for the improvement project of S.W. 4th Street have been finished, and the majority of the right-of-way for the street expansion is coming off City property. There are a couple of property owners, Mr. and Mrs. Eugene Nabors and Bill Weaks, who do not wish to take what has been offered for their property. In order to negotiate with these owners the City must take certain legal steps. Once the ordinance is adopted and suits have been filed, negotiations can be made to settle disputes. Councilmember Rey Rosas moved Ordinance No. 00-3237 be adopted. Councilmember Ross Owen seconded the motion. Mayor Woods and Councilmembers Parker, Shanes, Rosas, Hutcherson, Owen, McGehee and Favila voted "yes" on the motion to approve. None voted against. 8. Consider calling election for Charter Amendment to Term Limit provision. Minutes O0 0125 Page 2 of 4 Mr. Jeffers explained that this was discussed at the last Council Meeting, but Councilmember Rosas was not present at that meeting and asked that it be placed on the agenda again. Councilmember Rosas suggested a charter amendment be proposed that would give voters the choice of(l) two term limit, (2) leave as a three term limit, or (3) do away with term limits. City Attorney Wally Hatch stated he spoke with attorneys in the Secretary of State's office and they said we could not have multiple choice voting on charter amendments, nor conflicting issues. The proposed amendment (on motion by the Mayor and voted for by a majority of the Council) would offer the choice of two consecutive terms, or leave it as it is, which is three consecutive terms. If the Council were to rescind the motion approved at the last meeting, then the petition option would be available. Mr. Joseph Ruiz, 2404 West 14th, stated he thought two terms was what everyone voted for to begin with. Mrs. Lucile Davis, 1109 Yonkers, said she voted to limit it to two consecutive terms. She said if the Charter does not say that, it should be changed to clearly state two four-year terms. John O. Peck, 204 S. Holiday, stated he worked on the Charter Commission. Mr. Peck said the limit was intended to be two four-year terms. Councilmember Rosas said the Council should take their time with this issue. He said the Charter was only approved by 30 votes and we should let the public determine what they want. Councilmember Rosas made a motion that the motion made by Mayor Woods calling an election limiting the terms to two four-year terms be rescinded. Councilmember Favila seconded the motion. Mayor Woods said the elected Charter Commission intended for there to be a two four-year term limit and he had moved to have that amendment put on the ballot and it passed four votes to three. Councilmember McGehee said he believed the City is best served by more people serving the community and term limits made this possible. Councilmember Favila said she felt the public should have the option to vote for no term limits. The vote was recorded as follows: Yes Sam Parker Rey Rosas Mike Hutcherson Irene Favila No Mary Jane Shanes Lloyd C. Woods Ross Owen Bobby McGehee The vote was a four to four tie, and the motion failed due to the lack of a majority. Councilmember Irene Favila moved that the Council call for an election to remove term limits. Councilmember Rosas seconded the motion. The vote was recorded as follows: Yes Sam Parker Rey Rosas Irene Favila Minutes 00 0125 Page 3 of 4 No Mary Jane Shanes Mike Hutcherson Lloyd C. Woods Ross Owen Bobby McGehee The motion failed three votes to five. 9. Open Forum. Hear citizen's requests and comments per Open Forum Policy. No one spoke on the Open Forum. 10. Closed Session. Consultation with attorney pursuant to {}551.071 of the Texas Open Meetings Act regarding pending or contemplated litigation specifically; right of way acquisition and condemnation proceedings for FM 3466 road. [TEX. GOVT. CODE ANN. Code Section 551.071]. A Closed Session was not held 11 Adjournment. Councilmember Owen moved to adjourn the meeting. Councilmember Hutcherson seconded the motion. The motion carried unanimously. Mayor Woods declared the meeting adjourned at 8:17 p.m. Passed and approved on February 8, 2000. Karen McBeth, City Secretary Minutes 00 0125 Page 4 of 4