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HomeMy WebLinkAbout02 0528 minThe Plainview City Council met on May 28, 2002 at 7:00 p.m. in the City Council Chambers of the Plainview City Hall at 901 Broadway. The agenda for this meeting was posted in city Hall at 9:30 a.m. on May 22, 2002 and the addendum to agenda for this meeting was posted in city hall at 10:30 a.m. on May 23, 2002. Mayor Lloyd C. Woods presided. Councilmembers present were: Kelvin Tipton-District 1; Mary Jane Shanes-District 2; Belinda Pena-District 3; John Bertsch-District 4; Buddy McGehee- District 6 and Irene Favila-District 7. Councilmembers absent: Ross Owen-District 5. Staff members present were: James P. Jeffers-City Manager; Elizabeth Regner- Assistant City Manager; Dale Simpson-Civil Service Coordinator; John Berry-Director of Public Works; John Castro-Director of Community Services; Matthew Tsakanikas- Main Street Coordinator; William Mull-Chief of Police; Gary Glass-Fire Chief; Del Essary-Solid Waste Superintendent. News media representatives present were: Richard Orr-Plainview Daily Herald. Guests present were: Vicente Montoya, Lee Collum, and John Skaggs Councilmember Favila delivered the invocation. The Girl Scouts led in the Pledge of Allegiance. The Mayor recognized outgoing Mayor Pro 'rem Buddy McGehee for his two years of service. The Mayor read a proclamation for Older Americans Month. The Roadrunner Club and Wal-Mart Distribution Center presented Mayor Woods, who serves as President of the Meals on Wheels with money. Councilmember McGehee moved to adopt the consent calendar. The motion was seconded by Irene Favila. The motion carded by unanimous vote. Items approved on the Consent Calendar included: approval of the minutes of May 14, 2002 and May 23, 2002; receipt of departmental reports; and approval of expenditures. The Council approved upon second reading, an Ordinance of the City of Plainview Amending Ordinance No. 01-3300 to Appropriate Funds in the Minor Tools and Apparatus Fund in the 2001-2002 Budget to Place (3) Automatic External Defibrillators on the Three Front-Line Fire Engines. The Council appointed Irene Favila as the City representative to the South Plains Association of Governments. The Council rejected the bids for the portable TV inspection system. The Council approved releasing paving assessment lien for Teresa Jimenez of Lot 1 of the Gardenville Subdivision of the Southeast part of Section 35, Block JK-2, Plainview, Hale County, Texas (2511 Quincy). The lien was released to put Ms. Jimenez in an equitable position relative to the other property owners' agreement for right-of-way acquisition along North Quincy. After a brief introduction by John Castro, Director of Community Development, CoUncilmember Shanes moved that Ordinance No. 02-3332, An Ordinance Amending the Zoning Map of the City of Plainview, Texas For Rezoning of Lot 5, Block 2, City Addition Subdivision From Retail Commercial (C-2) Zoning District to a Commercial General Business (C-3) Zoning District, Plainview, Texas Cumulativeness Clause; 63¸ City of Plainview Minutes May 28, 2002 Page 1 of 4 64 Conflict Clause; Severability Clause; and Effective Date. be adopted on first reading. The motion was duly seconded by Buddy McGehee and carried by a four to three vote with Mayor Woods, Councilmembers Shanes, Pena, McGehee voting "for" and Councilmembers Tipton, Bertsch, and Favila voting "against." Mayor Woods introduced for second reading, Ordinance No. 02-3333, An Ordinance Amending The Zoning Map Of The City Of Plainview, Texas For Rezoning Of Block 2, Lot 1 & The South 5'-2, Highland Addition From Single Family Residential (R-2) To A Commercial Retail Service (C-1), Plainview, Texas Cumulativeness Clause; Conflict Clause; Severability Clause; And Effective Date. There was no public comment. Mayor Woods moved that Ordinance No. 02-3333 be approved. The motion was duly seconded by Councilmember Favila and carried by unanimous vote. Clyde Lee of 2916 Mesa Drive informed the Council he recently took from his backyard an old picnic table and some fence posts to the landfill and was informed that he would 'have to pay for admission to the landfill. Mr. Lee felt that since he paid city taxes on two homes and that he paid his trash bill, he should not be charged for such. Mr. Lee stated the landfill belongs to all of us and if we're going to do what is right and clean up our property there should not be an additional charge. Michael Smith of 213 Juanita wanted to know who makes the determination as to who is a contractor and who isn't a contractor. City Manager, Jim Jeffers informed Mr. Smith that the City does not attempt to identify who or who is not a contractor at the present time since all are charged if they bring construction debris into the landfill. Jeffers provided the following information on the issue: The Joliet Street landfill life was unexpectedly impacted with large amounts of construction debris after a 1989 hailstorm. New federal regulations would force the closure of many smaller landfills in the region and Plainview moved forward with building a regional landfill. Plainview had checked with the City of Lubbock to see if they were interested in taking the City's trash and Lubbock declined because of the limited life of their landfill. Based on initial interest from area cities, Plainview moved forward with the construction of the new landfill with an estimated tipping fee of $19.00 per ton versus the Joliet Street Landfill tipping fee of about $8.00 per ton. During construction of the Plainview regional landfill, the federal government unexpectedly created the West Texas arid exemption, which permitted small landfills (less than 20 tons per day) with less "restrictions" (less costs) and larger landfills to continue ~to exist. The loss of anticipated refuse volume from area cities pushed the tipping fees at the Plainview landfill to $41.00 per ton. In February 1992, the City increased residential rates from $8.20 per month $12.80 per month, a 56% increase. Commercial rates increased a like percentage. In September 1994, the tipping fee was set at $41.00 per ton for secured loads and $61.50 for unsecured loads. Inert material to the Baker Pit costs $3.75 for a pickup and $20.00 for a 12-cubic yard dump truck. Those rates were set in September 1994. The 1994 exemption stated, "Plainview residents who haul to landfill with current utility statement and ID were admitted for no charge." Because of increased tipping fees, "free" admission to the landfill increased significantly. The increase suggested abuse of "free" admission privileges but was difficult to prove or correct. A majority of the "free" refuse to the landfill was construction debris. Revenue projections after a year were down about $70,000.00 per year. The City Council at the City of Plainview Minutes May 28, 2002 Page 2 of 4 time considered an increased in rates for all customers of about .75¢ per month. They also considered an increase of the rates for consumers who use the service. In November 1996, the exemption was altered: "the exemption does not apply to roofing materials or construction/demolition waste resulting from activities by or on behalf of a resident." If the $.75 per month increase had been implemented in November 1996, a residential customer would have paid about $50.00 through the present time. The solid waste fund is an enterprise fund. It relies on user fees and not tax dollars. It is viewed as a freestanding business. Revenues for the 2001-2002 fiscal year were $2,005,500, expenditures were $2,677,408, and Revenues over expenditures ($671,908). The beginning balance $1,395,000. Designated reserves of $723,092 leaving an ending balance of $0. The City Council will be asked to consider a rate increase in sanitation rates for the 2002 fiscal year. The City is building an arid exemption debris pit within the existing landfill to hold down future costs. If the City were to broaden landfill admission exemptions, the displaced revenues would have to come from other sources. Mr. Lee noted that many in the community cannot afford the additional tipping fees and requested the City implement two or three times per year when you can dump in the landfill free of charge. He noticed that dumping in bar ditches had increased because many could not afford to pay the additional tipping fees and they felt the tipping fees were unfair. Lee supported a $.75 per month increase in tipping fees. The City Council took no action, which left existing policy for tipping fees in place. Mayor Woods moved that Ordinance No. 02-3335 be tabled since the Planning & Zoning Commission did not have a quorum and could not meet on the proposal. Councilmember Favila seconded the motion and it carried unanimously. Assistant City Manager, Elizabeth Regner advised the Council that two months ago the City established a goal the Fair Theatre should be self-sufficient and a tourist draw. Mrs. Regner indicated the Fair was well on the way to meeting those goals, as it is becoming the winter home of the Palo Duro Canyon musical TEXAS. Steve Hilton, the Outreach Director for TEXAS Express and his troupe will perform on nine different dates during the winter months, with tickets ranging from $10.00 to $25.00 a piece. There will also be live radio broadcast. The Fair Theatre has to provide no upfront financing and the ticket sales will be split. There will be a nine-month agreement. Mayor Woods moved the City Council go into closed session to discuss or deliberate regarding commercial or financial information that the City of Plainview has received from a business prospect that the City of Plainview seeks to have locate, stay, or expand in or near territory of the City of Plainview in which the City of Plainview is conducting economic development negotiations; and/or to deliberate the offer of financial or other incentive to a business prospect described by Subdivision (1) [Texas Gov't. Code Ann. Section 551.087] (Cheese Plant) The motion was duly seconded by Councilmember Shanes. Mayor Woods recessed the meeting into closed session at 7:50 p.m. The Council reconvened in open session at 8:35 p.m. Councilmember Shanes moved the meeting be adjourned. The motion'was duly seconded by Councilmember Favila and carried by unanimous vote. 65 City of Plainview Minutes May 28, 2002 Page 3 of 4 66 There being no further business, the meeting adjourned at 8:35 p.m. Belinda Hinojosa City Secretary City of Plainview Minutes May 28, 2002 Page 4 of 4