HomeMy WebLinkAbout10 0824 minThe Plainview City Council met on August 24, 2010 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 4:50 p.m. on August 20, 2010. Mayor John C. Anderson
presided. Councilmembers present were: Charles N. Starnes - District 1, Cathy
Waggoner- District 2, David G. Garcia - District 3, V.O. Ortega- District 4, Ron Trusler-
District 5, Wendell Dunlap- District 6 and Roland Nash - District 7.
Staff members present were: Greg Ingham -City Manager, Leslie Pearce -City Attorney,
Will Mull - Police Chief, Dale Simpson- Director of Civil Service, Sarianne Beversdorf-
Director of Finance, Tammy Adams - Accounting Coordinator, Eric Turner -Main
Street /CVB Coordinator, Delwin Derrick -Chief Building Official, Rusty Powers -Fire
Chief, and Belinda Hinojosa -City Secretary.
News Media Representative: Deborah Zacher - Plainview Daily Herald
Guests Present: Vince Vialle, Dough Eichorst and Mike Craig
Councilmember Wendell Dunlap delivered the invocation and led in the Pledge of
Allegiance.
Councilmember Trusler moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Ortega and carried by unanimous vote. Items approved
on the consent calendar included the approval of the minutes of August 10, 2010,
August 13, 2010 and August 19, 2010; and the approval of financial reports.
Greg Ingham, City Manager presented for consideration to vote to consider a proposal
to increase taxes for the City of Plainview. The rollback rate for 2010 -2011 fiscal year is
$0.6200; the proposed tax rate for 2010 -2011 is $0.5785. The adopted tax rate for
2009 -2010 is $0.5685 and the effective tax rate for 2010 -2011 is $0.5638. He told the
Council that they could list a higher rate than the proposed rate but once a rate was set
the Council could not consider a higher rate. The first reading on the tax rate is set for
September 23, 2010 at 11:30 a.m. at the Plainview Convention Center, 2902 W. 4th
Street and the second reading is set for September 28, 2010 at 7:00 p.m. in the City
Council Chambers at City Hall, 901 Broadway.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to consider the adoption of the proposed tax rate of
$0.5785 at the meeting of the City Council on First Reading - September 23, 2010 at
11:30 a.m. at the Plainview Convention Center, 2902 W. 4 Street and second reading -
September 28, 2010 at 7:00 p.m. in the City Council Chambers at City Hall, 901
Broadway. The motion was duly seconded by Councilmember Waggoner.
City Secretary Belinda Hinojosa asked for a record vote of the Council with the Council
voting as follows:
Mayor Anderson — Yes
Councilmember Starnes — Yes
Councilmember Waggoner — Yes
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Councilmember Garcia — Yes
Councilmember Ortega — Yes
Councilmember Trusler — Yes
Councilmember Dunlap — Yes
Councilmember Nash — Yes
The motion carried unanimously.
Mr. Ingham presented the next item which is to schedule the public hearings on the tax
rate and budget for September 9, 2010 at 11:30 a.m. at the Plainview Convention
Center and the second public hearing for September 14, 2010 at 7:00 p.m. at City Hall,
901 Broadway.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Dunlap moved to schedule two public hearings on the tax rate and
budget on September 9, 2010 at 11:30 a.m. at the Plainview Convention Center, 2902
W. 4th Street and September 14, 2010 at 7:00 p.m. at City Hall, 901 Broadway. The
motion was duly seconded by Councilmember Garcia and carried by unanimous vote.
Mr. Ingham presented for consideration on first reading Ordinance No. 10 -3527, an
Ordinance of the City Council of the City of Plainview, Texas, ( "City ") Approving a
Negotiated Resolution Between the Atmos West Texas Cities Steering Committee
( "Steering Committee ") and Atmos Energy Corp., West Texas Division ( "Atmos West
Texas" or "Company ") Regarding the Company's Second Annual Rate Review
Mechanism Filing in all Cities Exercising Original Jurisdiction; Declaring Existing Rates
to be Unreasonable; Requiring the Company to Reimburse Cities' Reasonable
Ratemaking Expenses; Adopting Tariffs that Reflect Rate Adjustments Consistent with
the Negotiated Settlement and Finding the Rates to be Set by the Attached Tariffs to be
Just and Reasonable; Approving Atmos' Proof Of Revenues; Extending the Rate
Review Mechanism for One Year with the Exclusion of a True -up Component; Adopting
a Savings Clause; Determining that this Ordinance was Passed in Accordance with the
Requirements of the Texas Open Meetings Act; Declaring an Effective Date; and
Requiring Delivery of this Ordinance to the Company and the Steering Committee's
Legal Counsel. The City of Plainview is a member of the Steering Committee of Cities
Served by Atmos West Texas. The Steering Committee membership includes almost
all cities north of Midland- Odessa (except for Lubbock and Amarillo, which have
separate rates and services) served by the West Texas Division of Atmos Energy.
On about April 1, 2010, Atmos filed its third application with the City to increase natural
gas rates pursuant to the Rate Review Mechanism tariff approved by the City in early
2008. The City approved the Company's previous Rate Review Mechanism filings in
2008 and 2009. The Company's 2010 Rate Review Mechanism filing seeks a $4.76
million rate increase. The City worked with the Steering Committee to analyze the
schedules and evidence offered by Atmos to support its request to increase rates. The
Ordinance and attached tariff approving rates will increase the Company's revenues by
$700,000 effective for bills rendered on or after August 15, 2010, are the result of
negotiation between the Steering Committee and the Company to resolve issues raised
by the Steering Committee during the review and evaluation of Atmos' Rate Review
Mechanism filing. The Steering Committee was able to reduce the Company's
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requested $4.76 million Rate Review Mechanism increase by over $4 million. The
settlement represents an overall increase of approximately 1.6 percent. In addition, the
Ordinance extends the Rate Review Mechanism process an additional year, but
eliminates the true -up portion of that process. The Executive Committee recommends
that all Steering Committee cities adopt the Ordinance implementing the rate change.
The base Residential Customer charge will increase from $7.37 to $7.50 and the
residential commodity rate will increase from $0.273 per Ccf to $0.275 per Ccf.
Mayor Anderson announced that Councilmember Ortega has declared a conflict of
interest. Mayor Anderson asked for public comment. There was no public comment.
Councilmember Trusler moved to approve on first reading Ordinance No. 10 -3527. The
motion was duly seconded by Councilmember Waggoner and carried by a vote of seven
"for" the motion with Councilmember Ortega abstaining.
Mr. Ingham presented for consideration to consider all matters incident and related to
the approving and authorizing publication of notice of intention to issue certificates of
obligation, including the adoption of a resolution pertaining thereto. He stated there are
several projects that need attention. They are as follows:
1) Water Tower Project No. 1 — This would involve building a one million gallon
composite elevated water storage tank near the current tank at 13 & Baltimore.
The cost estimate for this tank is $2.5 million.
2) Water Tower Project No. 2 — This would involve building a new one million gallon
composite water storage tank near the water treatment facility. The cost
estimate for this project is $2.5 million.
3) Hwy 70 Relocation — This project will be required for the rebuilding of US
Highway 70 thru Plainview by TxDOT. The estimated cost for this project is $1.9
million for the water side and $375,000 for the sewer costs.
4) Lift Station Improvements — Two main lift stations in the wastewater collection
system are in need of repairs and improvements to the concrete structures and
pumping and control systems. These lift stations are located at E Third and
Juniper Streets, and on South Milwee. The estimate for these lift station projects
is in the range of $1 million plus engineering and related costs.
5) Back -up Generator for Wastewater Treatment Plant at a projected cost of
$400,000.
Mr. Ingham introduced Doug Eichorst, TxDOT District Engineer. He stated it is the
intention of TxDOT to get project and to let in November. He stated they would not go
into construction until about April 2011. They wanted to obligate the funds now so as to
not get pushed into the future. The plans have been submitted to Austin for review.
He assured Councilmember Starnes that funding is in place. Councilmember Dunlap
asked when the construction period would be. He advised that the construction period
would be about a two year period.
Mr. Ingham introduced Vince Via Ile with Specialized Public Finance. He stated the
Resolution before the Council would direct notice to be published stating the Council will
consider the passage of an ordinance authorizing the issuance of certificates of
obligation in an amount not to exceed $8,760,000 at its September 28, 2010 meeting.
He stated at that meeting the Council can set the maximum amount of certificates.
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Mayor Anderson asked for public comment. There was no public comment.
Councilmember Trusler moved to adopt Resolution R10 -228. The motion was duly
seconded by Councilmember Starnes and carried by unanimous vote.
Leslie Pearce, City Attorney presented for consideration on first reading Ordinance No.
10 -3528, an Ordinance Amending Chapter 2, Article X, Search Warrants Re: Code
Enforcement, of the City of Plainview, Hale County, Texas; Defining Terms; Establishing
Regulations For the Issuance of Citations Stemming From Alleged Criminal Violations;
Providing For Procedures in the Execution of Administrative Search Warrants;
Repealer; Severability Clause; Cumulativeness Clause; Conflict Clause; And Effective
Date. She stated this ordinance updates the 1982 ordinance and gets it current with
state law. This is basically cleaning up this section in order to be in compliance with
state law.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to approve Ordinance No. 10 -3528 on first reading. The
motion was duly seconded by Councilmember Ortega and carried by unanimous vote.
Mayor Anderson moved to go into closed meeting to deliberate the appointment,
employment, evaluation, reassignment, duties, discipline or dismissal of a public officer
or employee, or to hear a complaint or charge against an officer or employee. [Tex.
Gov't. Code, Section 551.074]. Appointment of Health Authority. The motion was duly
seconded by Councilmember Trusler and carried by unanimous vote.
Mayor Anderson recessed the meeting at 7:34 p.m.
Mayor Anderson called the meeting back in open session at 7:46 p.m.
Mayor Anderson moved to appoint Sidney Ontai as the local Health Authority for the
City /County Health Department. The motion was duly seconded by Councilmember
Trusler. Mayor Anderson, Councilmembers Starnes, Garcia, Ortega, Trusler, Dunlap
and Nash voted "for" the motion. Councilmember Waggoner voted "against" the motion.
The motion carried.
There being no further business, Mayor Anderson adjourned the meeting at 7:49 p.m.
Belinda Hinojosa
City Secretary
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