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HomeMy WebLinkAbout88 0421 minO0 062 CITY COUNCIL WORK SESSION APRIL 21, 1988 K-BOB'S RESTAURANT 11:30 A.M. MINUTES The Plainview City Council met in Work Session on Thursday, April 21, 1988, at 11:30 A.M., at K-Bob's Restaurant with Mayor E.V. Ridlehuber presiding. The following Councilmembers were present: Don Dickson, Terry Clements, Barbara Dorman and Bobby James. Tom Aday entered the Meeting at 11:50 A.M. Absent were: Councilmembers Junior Brown and Alton Jackson. Staff present were: James P. Jeffers, City Manager; Bill Hogge, Director of Public Works; Mike McDonough, Director of Municipal Services; and Roy Osborne, Chief of Police. News Media present were: Dawn Rice, KVOP. Richard Orr, Plainview Daily Herald and INSURANCE - MAJOR MEDICAL. The City Manager advised the Council that the City had not yet received all the necessary information from the current carrier in order to prepare specifications to solicit bids. It was announced that the City specifications would call for a proposal identical to the insurance policy the City currently had; a proposal which would modify the existing proposal in accordance with recommendations of Pacific Mutual, the current administrator for Life of Virginia; and an open ended proposal whereby insurance companies could propose any type of coverage including a cafeteria plan. It was noted that the existing policy expires on June 1, 1988. DRUG PREVENTION PROGRAMS. Chief of Police Roy Osborne explained that the recent IMPACT Program was school oriented. Even though the police department had three representatives participating in the IMPACT Program the police department is not directly involved until the "end" of the process and the department is more of a last resort. Osborne advised the council that if the IMPACT Program is successful in getting off the ground, then at some point in time IMPACT participants should be approaching the City wanting to know what the City is doing in the area of preventing and controlling substance abuse as well as what additional assistance the City can provide. Osborne advised that the Plainview Police Department does not have any one individual assigned to work narcotics and the City spends about $1,200.00 per year of City tax dollars in purchasing information and/or alcohol and other narcotics. Osborne acknowledged that there is no question that narcotics are within the community, what is not known is how great the problem is. The bottom line on identifying the extent of the problem is money, large sums, which must be used to get into narcotic circles; buy narcotics; and to provide considerable manpower. Osborne advised he was very confident that a large amount of narcotics passed thru the community, but is 1 of 6 O0 063 unaware as to how much actually stops here or how much is distributed from Plainview. Osborne noted that a recently formed South Plains Regional Task Force, fOrmed thru a one time Federal Grant, will have little impact on Plainview and is really designed to help larger communities such as Lubbock. In answering an inquiry from Mayor Ridlehuber, Osborne advised the City can request assistance from the Department of Public Safety Drug Enforcement Division or from the Federal Government, but these agencies tend to deal in high traffic areas only, because of financial constraints, and in dealing with these individuals a community must be willing to commit a considerable amount of money and to lose considerable control of the local drug enforcement program. SALES TAX - ONE-HALF PERCENT OPTIONAL. City Manager Jim Jeffers informed the Council that the City had originally projected that the "windfall" in the current fiscal year from the one-half percent optional sales tax would amount to $280,000.00. Revised projections show an estimated windfall of $372,454.00, which is $92,454.00 higher than projected. The projected windfall is placed in a designated reserve of the general fund. Effective October 1, 1988, any amounts of the sales tax received above the projections' as calculated by the State, must be placed in a Local Excess Sales Tax Fund. The fund will exist for three years and may be utilized only to cover revenue short falls in the general fundr After three years have elapsed remaining funds in the "Local Excess Sales Tax Fund" may be utilized first to retire outsSanding debt and secondly for any legal purpose the City so desires. The projected funds generated from the one-half percent optiQnal sales tax is to be calculated by taking the previous twelve months collections and assuming that over the next twelve months, that the City would collect 95% of the original estimate. Councilman James moved that the one-half percent optional sales tax Windfall be placed in the landfill reserve fund. Motion was duly seconded by Councilwoman Dorman and failed by the following voter For; Councilman James and Councilwoman Dorman. Against; Councilmembers Dickson, Clements and Aday. Councilman Aday moved that the one-half percent optional sales tax windfall be left in a designated general fund reserve which cannot be expended without council approval. Motion was duly seconded by Councilman Clements and carried by the following vote: For; Councilman Dickson, Clements, Aday and Councilwoman Dorman. Against; none. Abstention Councilman James. TELEPHONE - PHONE BILLING EXAMI~. Director of Municipal Services Mike McDonough advised the Council that he had been haviDg discussions with a company out of Arlington known as Phone Bill'''ing Examiners (PBX). This company would look at the billings of t~e telephone company to the City of Plainview, searching for errors. The company would also assist the City of Plainview in interpreting the phone billings so they may be plainly understood by City personnel. The company has been in business for seven years, and in the last three years the company has saved their clients $700,000.00. PBX would not bill the City of Plainview for 2 of 6 O0 064 any expenses and would recoup their expenses thru being paid 60% of any refunds identified with the City keeping the other 40% credit from the phone company. McDonough advised he had thoroughly checked references and they were excellent, including a reference from Hale County which recently used PBX. Hale County is now expecting at least a $50,000.00 credit from billing errors. It was the consensus of the City Council that City Staff should proceed with the preparation of the final contract document and resolution authorizing the Mayor to execute such. STREETS - REMOVAL OF MEDIAN. Wilson Daffern had requested that the City consider removing all or a portion of the median located to the west of the intersection of llth .& Quincy. Daffern felt that that the median was detrimental in marketing the sale of his property located at the southwest corner of said intersection. Due to the fact that a school is located in the area, and the fact that llth Street is wider to the East of Quincy than to the West, staff had not supported the removal of the median. Also it was noted that the Council had earlier stated that none of the medians on llth Street would be considered for removal until llth Street is rebuilt. Councilman Dickson moved that the request of Wilson Daffern to remove the median to the west of the intersection of llth & Quincy be denied. Motion was duly seconded by Councilwoman Dorman and carried by a unanimous vote. COUNTRY CLUB - LEASE AGREEMENT. City Manager Jim Jeffers provided the following background information on the current renegotiation of the lease of City property to the Country Club: at one time the lease agreement between the City and Country Club did call for the City to approve any adjustment in green fees. Research showed that on September 25, 1979, the City approved a green fee increase raising weekday fees from $5.00 to $7.50, and weekend fees from $7.50 to $10.00. The current process to renegotiate the existing Country Clubs lease, which has approximately eight years left, started on May 11, 1987, when Country Club President Bill Quattlebaum, requested the lease be extended for a period of 99 years, so that the Country Club may achieve their long term goals by mortgaging the lease. The City Council reviewed the Quattlebaum request on May 21, 1987, and instructed staff to prepare a lease calling for an initial term of 30 years, with an option to renew for an additional 30 years. The first draft of the revised Country Club lease was presented to the City Council on November 5, 1987, and the Council made the following changes: delete a section which called for 30 day written notice of cancellation by either party; delete the section calling for the City Council to place an ex-officio member on the Board of Directors of the Country Club; the Council was advised that the "value received" section was an attempt to comply with state statutes concerning the leasing of City properties; the Council requested that a clause stating that all improvements, fixtures and furnishings were property of the City of Plainview, therefore, tax exempt; the City Council had deleted from the agreement that the City approve green fees. The City Manager presented the 3 of 6 6O O65 revised agreement to Country Club President Quattlebaum and the Country Club requested, and the City approved the following changes: that no action would be required on the part of the Country Club to extend the lease for an additional 30 years; that the inventory belonging to the Club professional would be excluded from the inventory belonging to the City of Plainview; that the Country Club, at its option, could replace any improvements destroyed with insurance proceeds received; and in addition the City Council chose to put back into the proposed lease that the City would regulate green fees and swimming pool fees. The City Manager advised that Bill LaFont, an attorney representing the Country Club, requested that the City consider the following language concerning the green fee debate: "It is agreed that the general public shall have the same and equal rights to the use of the golf course as any Country Club member upon payment of the established green fee. The Club agrees not to set green fees arbitrarily, or at such an unreasonable high rate as to discourage the general public from enjoyment of the golf course. Any green fee player may be denied access if they owe an outstanding balance to the Club." Councilman Aday moved that the proposed language, set forth by the LaFont letter, be incorporated in the lease except that the following sentence was to be struck: "Any green fee player may be denied access if they owe an outstanding balance to the Club." Aday cited the reason it should be struck is that the City of Plainview should not be utilized to deny someone access to a "public golf course" because said individual has not paid a private debt that is not owed to the City. Motion was duly seconded by Councilman Clements and carried by a unanimous vote. STREETS - Review of ordinance addressing City right-of-way. The City Council was presented with an updated version of a proposed amendment to City Code Chapter 21. The City Manager advised that the original proposed ordinance was drafted over a year ago when MCI made' a request to the City to run a fiber optic cable over City right-of-way. MCI subsequently withdrew the request and the City Council rejected the ordinance feeling it placed an unreasonable burden on day to day uses of City right-of-way by local citizens. Approximately three weeks ago the City Council requested that the ordinance be reconsidered but that an exemption be included in the ordinance addressing the day to day uses by local citizens. The City Manager directed the Council to review the following exemption clause: "Any applicant, who wishes to encumber public rights-of-way, for installation of: a private water line, with a diameter of one inch or less, and for a distance of not more than 300 feet; a private sewer line, with a diameter of four inches or less, and for a distance of not more than 300 feet; an overhead line for a distance of not more than 300 feet; or for an encroachment by a building, are hereby exempt from the annual license fee and shall be subject to a one time license fee of $50.00." The City Council was requested by the City Manager to review the ordinance in its entirety with plans to discuss it in detail at the next Work Session. 4 of 6 O0 O66 EXECUTIVE SESSION. While an Executive Session was listed on the Work Session Agenda to discuss pending litigation, specifically the Alexander v. City of Plainview case, the City Manager advised that .the proposal, for a partial settlement, as discussed at the City Council Executive Session of April 12, 1988, had been presented to the firefighters, but no response had been received, thus the need for the Council to move into Executive Session had been removed. The City Council reviewed the following items for formal action of the City Council Meeting of April 26, 1988: 1) INVOCATION 2) OPENING OF COUNCIL: This meeting of the Plainview City Council is being conducted in compliance with the Texas Open Meetings Law. ALL MATTERS UNDER ITEM 3 CONSENT CALENDAR ARE CONSIDF~Rn TO BE ROUTINE BY THE CITY COUN~ILANDWILL BE ENACTED ON A MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS OTHER THANTHE ASKING OF QUESTIONS FOR SIMPLE CLARIFICATION. ON OBJECTION BY ANY PARTY TO THE INCLUSION OF ANY ITE~ ON THE CONSENT CALENDAR, THAT ITEM SHALL BE REMO~ 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 SHALL BE CONSIDERED INDIVIDUALLY IN THE ORDER IN WHICH THEY ARE OBJECTED TO, IM~RnIATELY FOLLOWING THE CONSIDERATION OF THE CONSENT CAI.F/TDAR. 3) CONSENT CALENDAR a) Minutes b) Department Reports c) Budget Expenditures d) EMS - FRANCHISE - PLAINVIEW AMBULANCE SERVICE. Second and final reading of Ordinance No. 88-2750. An ordinance granting a franchise to Plainview Ambulance Service to operate an non-exclusive non-emergency transfer ambulance service. e) BOARDS, COMMISSIONS AND COMMITTEES APFOINTMEB=fS. Resolution No. R88-123. A Resolution of the City Council of the City of Plainview, Texas appointing various individuals to serve on the various Boards, Commissions and Committees of the City of Plainview. (This item was tabled from the previous Council Meeting) f) HUMAN RELATIONS - COMMISSION - REMOVAL FROM OFFICE. Resolution No. R88-126. A Resolution of the City Council of the City of Plainview, Texas removing Jessie Mendoza as a member of the Commission on Human Relations. 5 of 6 O0 OB? g) HUMAN RELATIONS - COMMISSION - DISQUALIFICATION. Resolution No. R88-127. A Resolution of the City Council of the City of Plainview, Texas disqualifying Martha Couch as a member of the Commission on Human Relations. h) HUMAN RELATIONS - COMMISSION - APPOINTMENTS. Resolution No. R88-128~ A Resolution of the City Council of the City of Plainview, Texas appointing individuals to serve on the Commission on Human Relations. i) STREET LIGHT DISCONTINUANCE - TEMPORARY - UNIT 2 - BROADWAY STREET. Resolution No. R88-129. A Resolution of the City Council of the City of Plainview, Texas temporarily discontinuing street lighting in "Unit 2", with said lighting being located on Broadway Street. j) STREET LIGHT DISCONTINUANCE - UNIT 5 - CBD - ALLEY LIGHTS. Resolution No. R88-130. A Resolution of the City Council of the City of Plainview, Texas discontinuing street lights in "Unit 5", primarily in the central business district alleys. k) BUDGET POLICY - ADOPTION PROCESS. Resolution No. R88-131. A Resolution of the City Council of the City of Plainview, Texas establishing a policy for the Budget adoption process. 4) EXECUTIVE SESSION. Executive Session to discuss pending litigation as authorized by Article 6252-17 Section 2(e). (Alexander v. City of Plainview) Executive Session to discuss personnel as authorized by Article 6252-17 Section 2(g). (Assistant City Attorney). 5) LITIGATION STATE~RNT. pending litigation. Issuance of a statement concerning 6) PERSONNEL - SALARY ADJUSTW~m~fS. Resolution No. R88-119. A Resolution of the City Council of the City of Plainview, Texas implementing salary adjustments. (This item was tabled from the previous Council Meeting) ADJOURNMENT. Councilman Clements moved the Meeting be adjourned. Motion was duly seconded by Councilwoman Dorman and carried by a unanimous vote. There being no further business Mayor Ridlehuber adjourned the Meeting at 12:40 p.m. ATTEST: 6 of 6 E.V. Ridlehuber, Mayor