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HomeMy WebLinkAbout10 1109 min456 The Plainview City Council met on November 9, 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 5:00 p.m. on November 5, 2010. Mayor John C. Anderson presided. Councilmembers present were: Charles Starnes - District 1, Cathy Waggoner - District 2, V.O. Ortega- District 4, Ron Trusler- District 5, Wendell Dunlap- District 6 and Roland Nash - District 7. Councilmember David Garcia - District 3 was absent. Staff members present were: Greg Ingham -City Manager, Leslie Pearce -City Attorney, Mike Gilliland- Director of Public Works, Will Mull - Police Chief, Dale Simpson- Director of Civil Service, Sarianne Beversdorf- Director of Finance, Rusty Powers -Fire Chief, Jeffrey Snyder- Assistant City Manager and Belinda Hinojosa -City Secretary. News Media Representative: Tommy Young, Plainview Daily Herald and Plainview News Radio Guests Present: Willis McCutcheon, Kathlyn Magallan, Cameron Warren, Rachel W. Love, and Kristen Ditmore Councilmember Charles Starnes 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 September 28, 2010, October 21, 2010 and November 4, 2010; the granting of an excused absence to Councilmember David Garcia; the approval of financial reports; the approval of Resolution R10 -234, a Resolution of the City Council of the City of Plainview, Texas, Approving the Request of Plainview YMCA to Host the "YMCA 5K Road Race ", Authorizing the Filing of the Agreement for the Temporary Closure of State Right -of- Way with the Texas Department of Transportation for this Road Race; Declaring that the Event Serves a Public Purpose; and Agreeing to Comply with Regulations; and the approval of Resolution R10 -235, a Resolution of the City Council of the City of Plainview, Texas, Approving the Request of the Plainview Chamber Of Commerce to Host the 2010 Annual Plainview Chamber of Commerce Christmas Parade; Authorizing the Filing of the Agreement for the Temporary Closure of State Right -of -Way With the Texas Department of Transportation for this Annual Parade; Declaring that the Event Serves a Public Purpose; and Agreeing to Comply with Regulations. Willis McCutcheon, Board President presented the Plainview /Hale County Industrial Foundation Annual Report. Mayor Anderson asked if there was any public comment. There was no public comment. Councilmember Trusler moved to accept the Annual Report and to sign a new contract for five years for $35,000 a year. The motion was duly seconded by Councilmember Waggoner and carried by unanimous vote. Greg Ingham, City Manager presented for consideration to accept the Release of Lease City Council Minutes November 9, 2010 Page 1 of 4 for Armory building from Texas Adjutant General's Department to the City of Plainview and County of Hale, Texas. He stated the National Guard had ceased using the Armory located adjacent to the Plainview /Hale County Airport. The Texas Adjutant General's Office decided that they no longer needed this property. This facility was built on property that the City and County had leased to the Texas National Guard Armory Board in 1954 for 99 years. In order to turn this property over to the City and County, the Adjutant General's Office has executed a Release of Lease. In order to accept this property, the City Council will need to accept this Release of Lease. The Hale County Commissioners Court has already accepted this release. Since this project has been ongoing for quite some time, representatives of the City and County have discussed possible uses for this facility and we have tentatively agreed that it would be a good location to build a new joint Emergency Operations Center (EOC). The current EOC is in a small space in the basement of the Police Department and yet during the emergency management training drills we had a couple of years ago it served as the joint EOC for the City and County. We believe the acceptance of this release can be the first step towards developing a facility that will meet the Emergency Management needs of this community and county for many years to come. Mayor Anderson asked for public comment. There was no public comment. Councilmember Dunlap moved to accept the release of the lease for the armory building. The motion was duly seconded by Councilmember Starnes and carried by unanimous vote. Mr. Ingham presented for consideration to authorize Mayor to sign License Agreement for the Go Texan Licensure. He stated the City of Plainview was approved as a GO Texan Certified Retirement Community. The City and Chamber worked together to get this certification and the Department of Agriculture approved this. He stated in order to protect the integrity of the marketing program and protect the logo, this license agreement says we can use this logo, but if they don't like the way we use the logo they can tell us not to use it anymore. He stated this is a joint project with the Chamber of Commerce. The Chamber will be the main marketing arm; they will handle the primary efforts and they themselves will have a separate license agreement. There is no charge for this agreement. Mayor Anderson asked for public comment. There was no public comment. Councilmember Starnes moved to authorize the Mayor to sign the agreement for licensure. The motion was duly seconded by Councilmember Ortega and carried by unanimous vote. Mr. Ingham introduced on second reading, Ordinance No. 10 -3536, an Ordinance of the City of Plainview, Amending Chapter 25 Article II Entitled "Rates and Charges" of the Code of Ordinances of the City of Plainview, Texas; Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective Date. He stated that when the City issued the Certificates of Obligation for the Highway 70 utility relocation and rehabilitation project, two water towers, two lift stations, and a backup generator for the wastewater treatment plant were issued we calculated this debt would add up to $6.02. The base minimum water rate would increase from $12.50 to $18.50 per month. City Council Minutes November 9, 2010 Page 2 of 4 457 458 Mayor Anderson asked for public comment. There was no public comment. Councilmember Nash moved to approve Ordinance No. 10 -3536 on second reading. The motion was duly seconded by Councilmember Waggoner and carried by unanimous vote. Mr. Ingham introduced on second reading, Ordinance No. 10 -3537, an Ordinance of the City of Plainview, Amending Section 25 -42, Entitled "Monthly Sewer Rates" of the Code of Ordinances of the City of Plainview, Texas; Severability Clause; Cumulativeness Clause; Conflicts Clause; Effective Date. He stated this is also in relation to debt service for the Certificate of Obligation; a portion will be to allocate the base rate on the sewer. This will increase the base by $1.40 from $9.15 to $10.55. The increase will take effect on January 1, 2011. Mayor Anderson asked for public comment. Councilmember Ortega moved passage of Ordinance No. 10 -3537. The motion was duly by seconded by Councilmember Dunlap and carried by unanimous vote. Mr. Ingham presented for consideration on second reading Ordinance No. 10 -3538, an Ordinance Amending Chapter 11, Fire Protection and Prevention, of the City of Plainview Code of Ordinances and Clarifying the Certification Pay and Assignment Pay in the Fire Department and the Fire Marshal's Office; Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective Date. He stated the City of Plainview's Fire Department is a Chapter 143, Civil Service fire department. This means that they operate under a different set of rules than the rest of the City. When the City Council adopted the Budget for Fiscal Year 2010 -2011 it included the adjustments that were approved for our certified personnel across the organization including our Fire /EMS personnel. While this action was all that was needed for most of our personnel, the Fire /EMS Certification and Assignment pay rates are established by separate Ordinance. This formally approves the changes to the Certification and Assignment pay that were approved in the budget. This Ordinance makes those changes effective October 1, 2010 so that they will have the same effective date as the certification pay changes had for all other affected employees. Mayor Anderson asked for public comment. There was no public comment. Councilmember Trusler moved to approve Ordinance No. 10 -3538 on second reading. The motion carried unanimously. Mr. Ingham presented for consideration Resolution R10 -236, a Resolution by the City of Plainview, Texas ( "City ") Denying Southwestern Public Service Company's ( "SPS ") Proposed Tariff Sheets Related to Certain Interruptible - Service Tariffs Filed on or about October 26, 2010; Authorizing Intervention in Proceedings Related to SPS' Proposed Tariffs; Requiring the Reimbursement of Expenses Associated with the Review of SPS' Tariffs; Determining that the Meeting at which this Resolution was Passed Complied with the Texas Open Meetings Act; Making Such Other Findings and Provisions Related to the Subject; and Declaring an Effective Date. He stated that in late October, SPS filed its Application for Authority to Implement a "Summer Only Interruptible Credit Option Program" and a "Voluntary Customer Load Reduction Program" which would allow Southwestern Public Service (SPS) to implement two new load management programs. It would give large customers opportunity to sign up for credits that gives SPS right to cut their power. SPS has asked cities to deny this request because it will City Council Minutes November 9, 2010 Page 3 of 4 go quickly to the Public Utility Commission. The alliance of Xcel municipalities agrees on the big elements but we also think we need to look at what impact this will have on other customers and where the credits will come from. This resolution will deny their request to implement tariffs and send it off to the Public Utility Commission. We are accelerating the process and asking the right to intervene in this case. Mayor Anderson asked for public comment. There was no public comment. Councilmember Starnes moved to adopt Resolution R10 -236. Mayor Anderson moved to go into closed session to: deliberate the purchase, exchange, lease or value of real property, the public discussion of which would not be in the best interest of the City's bargaining position with third parties, in accordance with Tex. Gov't Code, Section 551.072; 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: Municipal Court Judge [Tex. Gov't. Code, Section 551.074]; and Sec. 551.071 — Consult with attorney on a matter in which the attorney's duty to the government body under the Texas Disciplinary Rules of Professional Conduct conflicts with the open meeting statutes and about pending or contemplated litigation or settlement of same relating to Rio Concho, Ltd. The motion was duly seconded by Councilmember Nash and carried by unanimous vote. Mayor Anderson recessed the meeting at 7:51 p.m. Mayor Anderson called the meeting back in open session at 8:40 p.m. Mayor Anderson moved to affirm the City Manager's action in retaining Judge Pat Hernandez on a part time basis. The motion was duly seconded by Councilmember Trusler and carried by unanimous vote. There being no further business, Mayor Anderson adjourned the meeting at 8:41 p.m. Belinda Hinojosa City Secretary City Council Minutes November 9, 2010 Page 4 of 4 459