HomeMy WebLinkAbout10 1214 minThe Plainview City Council met on December 14, 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 2:30 p.m. on December 10, 2010. Mayor John C. Anderson
presided. Councilmembers present were: Cathy Waggoner- District 2, David Garcia -
District 3, V.O. Ortega- District 4, Ron Trusler- District 5, Wendell Dunlap- District 6 and
Roland Nash - District 7. Councilmember Charles Starnes - District 1 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, Rusty Reese -Parks Superintendent, Rusty Powers -Fire Chief, Jeffrey
Snyder- Assistant City Manager and Belinda Hinojosa -City Secretary.
Guests Present: Jennifer King, Cliff Daniel, Phyllis Wall, Cody Russell, Michael
Gowman, Christie Cummins, Sherri Leewright, Stephanie Collins, Patric Jernigan,
Kenndreck Brown, Edgar Arellano, Kei Ruiz, Dinora Murillo, Joel Murillo, Christian
Esquivel, Ricky Perez, and Mitchell Stone.
Councilmember Cathy Waggoner 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 Dunlap and carried by unanimous vote. Items approved
on the consent calendar included the approval of the minutes of November 9, 2010 and
December 9, 2010; the granting of an excused absence to Councilmember Charles
Starnes; approval of the financial reports; the award of bids for One (1) 1 /2 To Regular
Cab Pick -up to Caldwell Country Ford in the amount of $14,116.00; the award of bids
for Three (3) 3 /4 Ton LWB Pick -up with Utility Body to Caldwell Country Chevrolet in the
amount of $22,657.00 for each for a total of $67,971.00; the award of bids for One (1)
4x4 Half ton Extended Cab short bed pickup to Caldwell Country Chevrolet in the
amount of $27,926.00; the award of bids for Two (2) 4 Wheel Drive 1/2 ton Extended Cab
Pick -up in the amount of $21,588.00 each for a total of $43,176.00; the award of bids for
Two (2) 80 hp Turbo - charged Agricultural Tractors with Optional Equipment to Heritage
Equipment in the amount of $82,680.00 for both; the award of bids for One (1) 30 HP
Diesel Riding Mower 72" Side Discharge Deck to James Bros. Imp. In the amount of
$16,952.00; and the award of bids for One (1) Conventional Cab and Chassis with a 29
cubic yard side loading packer body in the amount of $137,396.00.
Mike Gilliland, Director of Public Works presented for consideration regarding Lot 57,
Ridgecrest Addition, Unit No. 3, a Replat of Lot 46, Ridgecrest Addition, Unit No. 3, City
of Plainview, Hale County, Texas. This is a replat of Lot 46 which creates a commercial
lot and one alley way. This property is located at 1 -27 and Southwest Third and
Kirchwood Drive. He stated the City has worked several months with the owners of
Great Plains Ag Credit. The plat is in final form and all back up documents have been
received. We have the dedication deeds from Great Plains Ag credit and the alley has
been dedicated by Trinity Church. We also have the proper costs to construct such in
escrow. Parkhill Smith & Cooper is doing the plans and specifications. This went to the
Planning and Zoning Commission on November 18 and it was approved by unanimous
vote.
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Mayor Anderson asked for public comment. There was no public comment.
Councilmember Ortega moved to create Lot 57, Ridgecrest Addition from replat of Lot
46, Ridgecrest Addition, Unit No. 3, City of Plainview, Hale County, Texas. The motion
was duly seconded by Councilmember Waggoner and carried by unanimous vote.
Cody Russell of 705 W. 11th, primary spokesperson of Vision Skate Park Plainview
Group made a presentation to the Council regarding a possible skate park. He stated
the group has been meeting for the past six months researching and gathering
information from public skate parks across the country. They have also looked at grants
information for parks and looked at construction crews. He stressed that skateboarding
is safer that other sports.
He stated that Plainview has well over 1,000 skateboarders. They would require a
10,000 to 16,000 square foot park. He said this sport requires very little money to
participate.
Mayor Anderson asked for additional comment. Sherri Leewright of 1400 Kings Row,
Plainview stated she moved here two years ago. Her son is a huge skateboard fan.
They had a skateboard park in New Orleans where she lived previously and they didn't
mind driving an hour to go to a different skate park. They usually made it a family
event. She stated she was a huge supporter of skate boarding.
Patrick Jernigan of 1608 S. Cedar, Plainview stated he is a member of the tourism and
economic development board of the City. On an economic standpoint, skateboarding is
a multi - million dollar event. Tourism is making Plainview a destination.
Ricky Perez of 301 Elm Street stated that he had a business toward skateboarders.
Kids were going to other towns because they didn't have anywhere else to skate. He
was recently at a shop in Lubbock and they advised that they sold skateboards to
Plainview kids about 50 to 50. Skateboard parks can look nice and can blend into parks
and that they don't have to be eyesores. The boards aren't very expensive. His point of
view was on a business side.
Jennifer King of 803 Holiday, Plainview stated she is all about anything the kids are
doing. They need a place to skate and that skate parks were also a great place to have
concerts.
There was no other public comment.
Councilmember Ortega expressed concern about the liability to the City.
Councilmember Dunlap stated as a school administrator for years, he did not observe
that many kids involved in skateboarding. He stated he usually sees one or two
skateboarders here or there.
Phyllis Wall of 3303 Grandview, Plainview stated she serves on the Parks Advisory
Council. The board received the same presentation and they voted unanimously to
present to the City Council.
Mayor Anderson announced that they would like to go forward and that the group work
with staff and develop plans, different locations and come back with costs and what kind
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December 14, 2010 Page 2 of 6
of park we are looking at and what would be involved in putting this type of park in
Plainview. If we are going to do it, we are going to do it right or we aren't going to do it.
Mr. Ingham added this has been talked about over the years and this is the most
organized group yet. He stated they will work on it and will address the liability issue.
He stated it might take a while.
Chief Mull presented for consideration the award of bids for police sedan vehicles.
Back in October the City let bids on police vehicles. They asked for five vehicles. The
City received six bids as follows: Caldwell Country Chevrolet - $98,655; Gene Messer
Chevrolet - $126,086; Grand Prairie Ford - $110,245; Reagor Dykes - $125,045; Sam
Peck's Five Star Ford - $109,584; and Sam Peck's Five Star Ford bid 2010s in stock -
$107,248.55. The low bidder is Caldwell Country Chevrolet. He asked the Council for a
change order to request six units. The budgeted amount for six units is $126,000. This
would increase the bid amount from Caldwell Country Chevrolet to $118,386.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Trusler moved to approve award of bids to Caldwell Country Chevrolet
for six vehicles. The motion was duly seconded by Councilmember Garcia and carried
by unanimous vote.
Mr. Ingham presented for consideration Resolution R10 -237, a Resolution Denying the
Rate Increase Proposed by the Southwestern Public Service Company; Requiring the
Reimbursement of Municipal Rate Case Expenses; Finding that the Meeting Complies
with the Open Meetings Act; Making Other Findings and Provisions Related to the
Subject; and Declaring an Effective Date. On or about May 17, 2010, Southwestern
Public Service Company (SPS), a wholly -owned subsidiary of Xcel Energy, Inc., filed an
application to increase its base rates by approximately $62 million in annual revenue.
SPS submitted its application with the City on the same date it filed its request with the
Public Utility Commission of Texas (PUC). The City has original jurisdiction.
SPS' application proposed an effective date of June 21, 2010 for its proposed increase
in rates, which the City suspended to September 19, 2010, and to allow for review of the
effect the sale of certain assets by SPS to Lubbock Power & Light, SPS agreed that the
City would have until December 31, 2010 to take final action on SPS' rate application.
Some of the key elements of SPS' rate application:
1. An increase in base rates of $62 million;
2. A return of 11.35% on its common equity;
3. Changes in municipal franchise fee — propose fee out of base rate. Only
cities would pay.
4. If approved, SPS' base -rate increase would result in a monthly increase of
about $9.31 in the Summer, and an increase of $11.71 in the Winter, for a
residential customer using 1000 kWh per month (which equates to about a
17% increase in the Summer and 24% increase in the Winter, over current
base rates);
5. An increase in the residential customer charge (Service Availability
Charge) from $5.60 to $7.00 per month;
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The Alliance of Xcel Municipalities' preliminary findings are that SPS has not reasonably
calculated its tax savings, there are excessive payroll expenses included in base rate
and should be in operations and maintenance and equity amounts appear somewhat
high. The AXM recommends denying the rate case. The cities have been having
ongoing discussions and have not reached a settlement yet. This does not stop us from
continuing to talk to them. He also added that rate case expenses are reimbursable to
the city.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Dunlap moved to approve Resolution R10 -237. The motion was duly
seconded by Councilmember Waggoner and carried by unanimous vote.
Sarianne Beversdorf, Director of Finance presented for consideration Resolution R10-
238, a Resolution of the City of Plainview Stating the City Council has Reviewed and
Adopted an Investment Policy in Compliance with the Public Funds Investment Act
Located at Texas Government Code, Chapter 2256 (Vernon's 2010) She stated each
year, by the Public Funds Investment Act, we are required to bring the Investment
Policy to the Council and review and adopt. The changes in the policy are very few.
The investment policy is very conservative and concentrates on safety, liquidity and
public trust. The only changes made to the prior policy were legal terminology and it
clarified the role Budget Manager to Director of Finance. The policy allows many things
for the city to invest in that are very conservative.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to approve Resolution R10 -238. The motion was duly
seconded by Councilmember Ortega and carried by unanimous vote.
Mrs. Beversdorf presented for consideration Resolution R10 -239, a Resolution
Authorizing Participation in TexPool and Designating Authorized Representatives. She
stated in the Investment Policy we are allowed to invest in local government investment
pools. The state legislature set up basic guidelines for these pools. TexPool was
organized in 1989 and is the largest and oldest pool. The State Comptroller oversees
the pool. The pool follows the same rules we follow and the funds are completely liquid
and do not require a minimum balance. The interest pays once a month.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Ortega moved to approve Resolution R10 -239. The motion was duly
seconded by Councilmember Nash and carried by unanimous vote.
Mrs. Beversdorf presented for consideration to authorize Mayor to sign TexPool
Participation Agreement between the Comptroller of Public Accounts and the City of
Plainview, Texas. She stated this was another requirement by TexPool and it basically
authorizes the Mayor to sign for the City.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Trusler moved to authorize Mayor to sign TexPool Participation
Agreement. The motion was duly seconded by Councilmember Waggoner and carried
by unanimous vote.
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December 14, 2010 Page 4 of 6
Mr. Ingham presented for consideration the Long Term Airport Planning. The
Plainview /Hale County Airport is in the process of completing an $800,000 apron
area/fuel area improvement program. The Airport is also on the TxDOT long term
improvement list for major improvements to its runways and these are much more
expensive projects. It is clear that the airport is a very important economic driver for the
City and Hale County. The airport is seeing heavier use and that leads us towards
spending several millions on major upgrades. The Airport Advisory Board believes that
there are many other opportunities to further develop the Plainview /Hale County Airport
and that these improvements could have a positive impact on the County and the City of
Plainview. In order to make sure that any new improvements are made in the optimal
places to enhance the airport and to make the best use of the local, State, and Federal
funds that would be used for this projects, the Board has asked TxDOT Aviation to
consider funding a long range capital improvement plan for our Airport.
TxDOT has indicated that they are interested in funding such a plan, but they need to
know that the local governments are willing to fund their portion of the planning project
when the time comes. The proposed plan has been estimated to cost about $260,000
and it will be funded through a 90% Federal /State and 10% local match. This means
that we could have a $260,000 plan for the Plainview /Hale County Airport completed for
a local cost of $26,000. Since the City and County are joint owners of the project, we
would expect the City's portion of this cost to be about $13,000 or 5 %. TxDOT has
asked for a tentative commitment for the $26,000.
The City has recently paid its 5% portion of the current project and at this point in time,
we have enough funds available to more than cover the $13,000 if we need to. We are
asking for authorization to spend up to $26,000 which is the full 10% and are asking
Hale County to join us.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Trusler moved to make commitment to spend up to $26,000. The
motion was duly seconded by Councilmember Garcia and carried by unanimous vote.
Leslie Pearce, City Attorney presented for consideration on first reading Ordinance No.
10 -3539, an Ordinance of the City of Plainview, Amending Chapter 5, Articles III, IV, VI,
and VII Entitled "Animals and Fowl" of the Code of Ordinances of the City of Plainview,
Texas; Providing Procedures and Fees for the Impoundment and Redemption of
Animals in Need of the Animal Control Department's Care and Services; Repealer;
Severability Clause; Cumulativeness Clause; Conflicts Clause; and Effective Date. Ms.
Pearce introduced Rey Mora with Animal Control. He stated they would like to update
the City's ordinance which has been in place since 1998. This would protect owners
and help animal control do their job.
Ms. Pearce stated the impoundment fees will go up on second and third events if they
happen within a year. This affects the people who constantly are having animal
problems. The first time offense will remain the same.
The annual licensing fee will remain the same. The dangerous dog license will be $75.
The City does not currently have a dangerous dog license. In order for a dog to be
labeled a dangerous dog, it is taken into consideration the bad acts the dog has done.
Bite reports and incident reports are looked at also. They would have to pay an annual
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fee of $75. The fee would go up once the dog has been declared a dangerous dog.
The deposit fee for animal traps would go up to $60.00. The $60.00 would be refunded
once you returned the trap. The cost for shipping heads for rabies has gone up. The
current charge is $14.50 and that would go up to $20.00.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to approve Ordinance No. 10 -3539 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]. Appointments to the following boards and commissions:
Airport Board, Board of Adjustment, Building Trades /Fire Code Board of Appeals; Board
of Health. The motion was duly seconded by Councilmember Ortega and carried by
unanimous vote.
Mayor Anderson recessed the meeting at 8:20 p.m.
Mayor Anderson called the meeting back in open session at 8:32 p.m.
Councilmember Trusler moved:
1) to reappoint Ray Lee to the Airport Board with said term to expire on January 1,
2014;
2) reappoint David McDonald to the Airport Board with said term to expire on
January 1, 2015;
3) reappoint Larry Gould to the Board of Adjustment with said term to expire on
January 1, 2013;
4) reappoint Fred Willis to the Board of Adjustment with said term to expire on
January 1, 2013;
5) appoint Larry Gould to the Building Trades /Fire Code Board of Appeals with said
term to expire on January 1, 2015; and
6) reappoint Don Williams and Belinda Pena to the Board of Health with said term
to expire on January 1, 2013.
The motion was duly seconded by Councilmember Nash and carried by unanimous
vote.
There being no further business, Mayor Anderson adjourned the meeting at 8:33 p.m.
Belinda Hinojosa
City Secretary
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