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HomeMy WebLinkAbout88 0505 minO0 CITY COUNCIL WORK SESSION MAY 5, 1988 K-BOB ' S RESTAURANT 11: 30 A.M. MINUTES The Plainview City Council met in Work Session on Thursday, May 5, 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, Bobby James, Tom Aday, and Junior Brown. Absent was: Councilman Alton Jackson. Staff present were: James P. Jeffers, City Manager; Bill Hogge, Director of Public Works; Mike McDonough, Director of Municipal Services; Roy Osborne, Chief of Police; Joe Ferguson, Fire/EMS Director and Carla Reese, City Secretary. News Media present: Richard Orr, Plainview Daily Herald. INSURANCE - MAJOR MEDICAL. Status report on bid process. The City Manager advised the Council that the City would be advertising for bids on the major medical insurance and was expecting a good response to the bidding. STREETS. Ordinance addressing the use of City right-of-way was presented to the Council noting the unlawful activities set forth in the ordinance as, (1) the operation of any machinery having tracks, feet, or pulling lugs over any paved street or alley, (2) the hauling of gravel, brick, sand, concrete, ready mix concrete, or mortar in such a manner as to scatter the substances onto any street, alley or sidewalk, (3) to drop, spill, or allow to leak out of any tank or vessel any gasoline or other oil or petroleum based substance, (4) the discharge of any odorous water or other offensive or hazardous substance onto City right-of-way, (5) to place structure, building, object, vehicle, fence, or other material within the public right-of-way, (6) to place any animal, offal, garbage, trash, refuse or debris upon any City right-of-way, (7) unlawful to construct any structure on or over any public utility or drainage easement, except for utilities or other facilities associated with drainage. Any entity wishing to encumber the City right-of-way who does not have a franchise with the City is required to be issued a license. Each applicant for license shall submit a non-refundable deposit of $250.00 to cover the expenses of processing cost associated therewith. The total deposit shall be credited toward the issuance of the first year license fee, should the applicant be approved for a license. Said license fee for each licensee shall be subject to annual review by the Council. In the event any entity is denied a license they shall have the right to appeal such denial to the City Council. Exception; "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 O0 072 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 Attorney's Office was concerned that a challenge to the exemption would be difficult to defend in court, and advised staff to look at the ordinance further in order to develop a uniform policy addressing utility placement in the right-of-way. Motion was made by Councilman Junior Brown to table this item until a future Work Session. Motion was duly seconded by Councilwoman Barbara Dorman and carried by a unanimous vote. CHARTER. The City Manager presented the procedures to follow in State Law for revisions of the City Charter. Home-rule cities are authorized to adopt new or amend Charters under the Texas Constitution. Initiative to adopt a new Charter or to amend a current Charter may come from the governing body of the municipality or from the people. If the proposal is to create a new Charter an ordinance calling for an election and providing the question "shall a commission be chosen to frame a new charter", the same ballot must also provide the election of a commission to draft a new charter. The top fifteen vote getters will comprise the Charter Commission. The Charter Commission is charged with the responsibility of drafting a new charter. Once a Charter Commission has prepared a new charter, the charter is subject to approval of the municipal reSiden~ at the first authorized uniform election date. The charter ballot prepared by the Charter Commission, shall be prepared "so that to the extent practicable each subject may be voted on separately." The danger in a Charter Commission drafting a new charter is citizens could appeal some items that the Council wants to keep. Should the procedures to amend the current Charter be taken, the governing body on its own motion may submit prepared charter amendments. An election must still be called for the first uniform election date. Notice in the paper of the election must include a copy of the proposed amendments and be published the same day in two successive weeks. Each proposed amendment may not contain more than one subject. The dangers in proceeding with the procedures to~amend the Charter are: a court may find that the wholesale amendments have, in effect, repealed the current charter and its State Law governing such should be followed, the court then could void the amendments. To amend the current charter it would require a lengthy ballot, since each subject must be addressed separately, the risk is quite high that some amendments would not pass. Council advised staff to identify areas in the charter that need changing and prioritize which amendments to pursue. FORENSIC PATHOLOGIST AGREEMENT. City Manager Jim Jeffers advised the Council that the County had been contacted concerning how many Counties have this Agreement. The reply from the County is that all counties have the same Agreement. It was the consensus of the Council to continue with the current Agreement. 60 073 FIRE/EMS. 40 Hour Work Week. Joe Ferguson, Fire/EMS Director, presented to the Council a proposal for the Fire/EMS Departments to go to a 40 hour work week. Additional staff would have to be hired. The complaints of the Fire/EMS personnel are: they want to be treated like all other employees, each pay check the same, and no factoring, which all of these can be accomplished with a 40 hour work week. Council advised staff to continue working on information on a 40 hour work week. PARKS. Playa lake at 10th & Ennis. Garland Street Church of Christ has been notified of their responsibility to maintain their portion of the lake. Councilman Bobby James and Mike McDonough, Director of Municipal Services will be presenting to Garland Street Church of Christ a long term lease for the use of their parking lot. 911 - Status Report.~ Bill Johnson, of 911-E, presented to the Council that the 911 Board had agreed to provide Plainview with 911 service, but the County would be unable to join due to Attorney Generals ruling which states, agreements with municipalities are permissible, but not counties. Johnson advised Council of the options for the 911 system; City design own system, include fee on telephone bill, with a cost per telephone user of 3% of the base rate and rate may be adjusted each year but cannot exceed 6% of the base rate, or wait on the State system. City of Plainview would be the central station with all emergency calls from surrounding communities coming into the City, then the dispatcher would contact the appropriate emergency authority in the surrounding communities of the emergency if area cities want on the system. Jim Jeffers, City Manager questioned Johnson if a representative from Plainview would be placed on the Board. Johnson replied as it stand now no member could be placed on the Board from the City, but if the entire county were allowed to join then there would be a member on the Board from the City and the County. Johnson advised Council all they need is to contract for 911-E with Lubbock and they would contact the telephone to start the charges so the money would start accumulating. It was the consensus of the Council to provide enhanced 911 as soon as possible and for staff to continue working with Lubbock. ANIMAL CONTROL. Review of State Statutes dealing with vicious dogs. Dennis Harkins of the Police Department advised the Council that State Statutes are sufficient and would not require a seperate City ordinance pertaining to vicious dogs. To the knowledge of the Harkins there have been no complaints of any vicious dog attacks. Councilman Don Dickson made a motion to utilize the State Statutes. Motion was duly seconded by Councilman Tom Aday and carried by a unanimous vote. EMPLOYEE ORIENTATION. Tabled until the next Work Session. DEPOSITORY AGREEMENT. Tabled until the next Work Session. 07,.5 AUDIT - UTILITY FRANCHISE. Tabled until the next Work Session. EXECUTIVE SESSION. To discuss the Alexander vs. City of Plainview litigation was not conducted. The City Council reviewed the following items for action at the City Council Meeting on May 10, 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. 3) ELECTION RETURNS - CANVASS - An Ordinance of the City of Plainview, Texas declaring the Canvass of Election returns of the City Election held on May 7, 1988, for the election of City Officials from Precinct 5; Precinct 6 and Precinct 7. 4) OATH OF OFFICE for Councilmembers. 5) ZONE CASE 553 - Public Hearing. ALL MATTERS UNDER ITEM 6 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 Tf~ INCLUSION OF ANY ITEM ON THE CONSENT CALENDAR, THAT ITEM SHALL BE REMOVED FROM THE CONSENT CAI.RNDAR. 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 T~E ORDER IN WHICH THEY ARE OBJECTED TO, IM~-~IATELY FOLLOWING THE CONSIDERATION OF THE CONSENT CALENDAR. 6 ) CONSENT CALENDAR a) Minutes b) Department Reports c) Budget Expenditures d) PLUMBING CODE - First reading of Ordinance No. 88-2751. An Ordinance of the City of Plainview, Texas, amending the Plumbing Code of the City of Plainview, Texas (Ordinance No. 85-2587), prohibiting the use of any lead pipes, solder, or flux in the installing or repair of any plumbing in a residence or non-residential plumbing system which provides water for human consumption; directing the publication of the descriptive caption of this ordinance with penalty provisions of the Plumbing Code; and providing for an effective date of this ordinance. e) ZONE CASE 553 - First reading Ordinance No. 88-2752. An Ordinance amending Zoning Ordinance No. 82-2478 an the official zoning map of the City of Plainview so as to make the following changes: request of Terrisu Sims for rezoning Lots 4 and 5, Block 2, Sunset Heights Subdivision from an R-1 (Single-Family Residential) Zoning District to a C.R.D. (Commercial Retail) Zoning District for commercial uses and located at 1315 Quincy. f) STREET LIGHT DISCONTINUANCE - TEMPORARY - UNIT 6 - AUSTIN AND BALTIMORE ST~RRTS. Resolution No. R88-132. A Resolution of the City Council of the City of Plainview, Texas temporarily discontinuing a portion of the street lighting in "Unit 6", primarily on Austin and Baltimore Streets. g) STREET LIGHT DISCONTINUANCE - TEMPORARY - b~IT 7 - SCHOOL LIGHTS. Resolution No. R88-133. A Resolution of the City Council of the City of Plainview, Texas temporarily discontinuing a portion of the street lighting in "Unit 7", primarily street lights around schools. h) STREET LIGHT DISCONTINUANCE - TEMPORARY - MISC~US. Resolution No. R88-134. A Resolution of the City Council of the City of Plainview, Texas temporarily discontinuing a portion of the street lighting in "miscellaneous" areas. i) PLUMBING BOARD - APPOINTMENT. Resolution No. R88-135. A Resolution of the City Council of the City of Plainview, Texas appointing an individual to serve on the Plumbing Board of the City of Plainview. j) TELEPHONE - PHONE BILLING EXAMINERS CONTRACT. Resolution No. R88-136. A Resolution of the City Council of the City of Plainview, Texas authorizing the Mayor to execute a contract with Phone Billing Examiners (PBX) auditing the City telephone billings. k) BUDGET POLICY - 5 YEAR ADOPTION PROCESS. Resolution No. R88-138. A Resolution of the City Council of the City of Plainview, Texas establishing a policy for the adoption of a 5 Year Budget on an annual basis. 1) LIBRARY BOARD - APPOINTMENT. Resolution No. R88-139. A Resolution of the City Council of the City of Plainview, Texas appointing an individual to serve on the Library Board of the City of Plainview. 6) 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). 7) LITIGATION STATEMENT. pending litigation. Issuance of a statement concerning 8) PERSONNEL - SALARY ADJUSTMENTS. 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) 9) CITY ATTORNEY - APPOINTMENT. Resolution No. R88-140. A Resolution of the City Council of the City of Plainview, Texas appointing David Alan Blackburn as City Attorney for the City of Plainview, Texas. 10) CITY ATTORNEY - CONTRACT. Resolution No. R88-141. A Resolution of the City Council of the City of Plainview, Texas authorizing the Mayor to execute a contract for services with the City Attorney. ADJO~. Councilman Don Dickson made a motion the Meeting be adjourned. Motion was duly seconded by Councilman Junior Brown and carried by a unanimous vote. There being no further~business Mayor E.V. Ridlehuber adjourned the Meeting at 1:15 p.m. ~..V'. Ridlehuber, Mayor ATTEST: C~rla Reese, City Secretary