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The Plainview City Council met on August 27, 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 5:00 p.m. on August 19, 2002. The addendum to the agenda
for this meeting was posted in City Hall at 11:30 a.m. on August 20, 2002. Mayor Lloyd
C. Woods presided. Councilmembers present were: Kelvin Tipton-District 1, Mary Jane
Shanes-District 2, Belinda Pena-District 3; John N. Bertsch-District 4, Ross Owen-
District 5, Buddy McGehee-District 6 and Irene Favila-District 7.
Staff members present were: James P. Jeffers-City Manager, Elizabeth Regner-
Assistant City Manager, Dale Simpson-Civil Service Director, John Berry-Director of
Public Works, Wally Hatch-City Attorney, John Castro-Director of Community Services,
Will Mull-Police Chief, Rick Cox-Street Superintendent and Belinda Hinojosa-City
Secretary.
News Media Representative: Richard Orr-Plainview Daily Herald
Guests present were: James R. Odom, Joe Wright and Ken Douglass
Councilmember McGehee delivered the invocation.
The Boy Scouts led in the Pledge of Allegiance.
Councilmember Favila moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Shanes and carried by unanimous vote. Items approved
on the Consent Calendar included: approval of the minutes of August 13, 2002 and
August 22, 2002; receipt of departmental reports; and approval of expenditures. The
Council approved upon second reading Ordinance No. 02-3344, An Ordinance of the
City of Plainview Amending Ordinance No. 01-3300 To Appropriate Funds From the
General Fund to Accounts in Fund 05 Legal Department; Cumulativeness Clause;
Conflicts Clause; Severability Clause; Effective Date. The Council approved upon
second reading Ordinance No. 02-3346, an Ordinance of the City of Plainview
Amending Ordinance No. 01-3300 To Appropriate $65,000 in Funds From the
Replacement Fund For Telephone Equipment; Cumulativeness Clause; Conflicts
Clause; Severability Clause; Effective Date. About fifty telephone units would be
replaced at the Water Treatment Plant, Service Center, Finance Building, Quincy Street
Firing Station, Library and City Hall. The Council approved upon second reading
Ordinance No. 02-3345, an Ordinance Amending The Zoning Map Of The City Of
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Plainview, Texas For Closing Of A Portion Of Smythe Between 5 And 6 Streets And
Between Blocks 44 & 41 Of The College Hill Addition To The City Of Plainview, Hale
County, Texas Cumulativeness Clause; Conflict Clause; Severability Clause; And Effective
Date. This ordinance cleans up portions of Smythe Street that were left unused with the
recent construction of the new Wayland Baptist University entrance.
The Council reviewed the request from the City of Kress for water. Kress uses
approximately 83,102 gallons per day. This figure was obtained from an 11-year average
of the water consumption. A history showed Kress had requested water in the past but
had not gone through with the request because of expense. The Council had two options:
say no there is not enough water; or say yes we are interested but need specifics from
Parkhill, Smith & Cooper, their engineering firm. Mr. Jeffers advised Councilmember
Kelvin Tipton had declared a conflict of interest due to the EXCEL water line possibly
being involved project.
City of Plainview Minutes
August 27, 2002
Page I of 6
There was no public comment.
Councilmember McGehee stated the City's maximum production was 7 million gallons per
day. He stated the maximum allowed from the Canadian River Municipal Water Authority
is 3.8 million gallons per day. The balance would have to come from the underground
aquifer. He advised the Council he had reviewed the usage from his past water bills and
stated his average use was 641 gallons per day. Based upon his averages the amount
requested from Kress would supply 130 households. He stated he did not want to
decrease the use to 130 households.
Councilmember McGehee moved to deny the City of Kress water request. The motion
was duly seconded by Councilmember Shanes.
Councilmember Bertsch stated we need to do what is in our hearts and we need to take
care of our neighbors.
Councilmember Owen called for the question.
Councilmembers McGehee and Shanes voted "for" the motion to deny the City of Kress'
water request and Mayor Woods, Councilmembers Pena, Bertsch, Owen and Favila voted
against. Councilmember Tipton abstained. The motion failed.
Councilmember Owen moved to table the matter until further information is received from
Parkhill, Smith and Cooper. The motion was duly seconded by Councilmember Favila and
carded unanimously with Councilmember Tipton abstaining.
The Mayor opened public comment regarding the request from Joe Wright to pay for
sewer repairs for the Running Water Draw Shopping Center. James Odom of 507
Travis stated he did not believe the sewer at the Center was hooked up without being
inspected by the City.
Joe Wright stated there were two issues: (a) who to repair; and (b) a long-term solution.
He stated if Safeway put in the line, then the line is not his. He didn't know how he would
be responsible when City controls the activity above it. He stated he had been in contact
with Mike McCarthey from Gebos and he had agreed to help be a part of the solution. He
stated the cost to replace the taps would be expensive enough and he should not be the
major participant in the replacement of the new line. Every option should be explored.
Councilmember Tipton stated he had mixed emotions on the matter. He felt we should
stick with precedence with what had been done in the past.
Councilmember Bertsch stated he stood by his conviction that it is a pdvate line and felt he
was not in a position to spend taxpayer money to repair or replace the private line.
Mayor Woods stated we should keep heavy trucks off 4th Street.
Councilmember Owen stated he still did not see that the sole cause of damage was from
city vehicles or equipment. Who can gauge how much traffic uses the road such as 18-
wheelers delivering to businesses? He stated it was unfair to ask taxpayers to foot the bill
and he was interested in some kind of compromise.
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City of Plainview Minutes August 27, 2002 Page 2 of 6
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Councilmember McGehee questioned when the leak occurred why was Mr. Wdght the
only one contacted. John Berry, Director of Public Works advised Mr. Wright contacted
the City and the City staff advised Mr. Wdght the shopping center was responsible for the
line. Councilmember McGehee stated it was clear that the cause for damage was activity
condoned by the City and the City should reimburse Mr. Wdght and a solution worked out.
Councilmember Favila stated City administration has shown the line is a pdvate line and
the City is not responsible for the pdvate line.
Mayor Woods moved the City repair the sewer line and Mr. Wright not be reimbursed for
any pdor repairs. The motion was duly seconded by Councilmember McGehee. Mayor
Woods and Buddy McGehee voted "for" the motion and Councilmembers Tipton, Shanes,
Pena, Bertsch, Owen and Favila voted "against" the motion. The motion failed.
Councilmember Bertsch moved the City spend no money on the sewer repair or
replacement. The motion was duly seconded by Councilmember Shanes. Mayor Woods,
Councilmember Shanes, Pena, Bertsch, Owen, Favila voted "for" the motion and
Councilmembers McGehee and Tipton voted "against" the motion. The motion carried.
Jim Jeffers, City Manager presented information regarding the 2002 tax rate. He stated
the Council was not voting to increase taxes tonight, but voting whether to call a public
hearing to consider an increase in taxes with said action to be considered September 10th.
He advised the Council the City last increased rates in 1998 with a .05¢ increase for street
improvements. He stated a .02¢ tax increase would generate $120,000 per year. The
City would also receive an additional $120,000 in new tax monies from increased
appraisals. He stated if the budget were not adopted by September 30th, then what City
staff proposed would automatically go into effect per the City Charter.
There was no public comment.
Mayor moved to call a public headng on the proposed tax rate increase of .02¢ bringing
the rate to .4575¢. The motion was duly seconded by Councilmember Owen and carried
by unanimous vote.
Jack Keller, Budget Manager presented for first reading Ordinance No. 02-3342, an
Ordinance Of The City Of Plainview, Texas Amending Chapter Four, "Ambulances" Of
The Code Of Ordinances Of The City Of Ptainview, Texas, Severability Clause;
Cumulativeness Clause; Conflicts Clause; And Effective Date. This Ordinance
proposes rate increases for ambulance rates as follows:
EMS Rates
Basic Life Support
Basic Life Support (Emergency)
Advanced Life Support-1
Advanced Life Support-1 (Emergency)
Advanced Life Support-2
Specialty Care Transport (SCT)
Mileage
Waiting Time
$ 225.00
$ 350.00
$275.00
$400.00
$585.00
$700.00
$ 9.00/mile
$ 50.00/1/2 hour
City of Plainview Minutes
August 27, 2002
Page 3 of 6
Extra Attendant
Non-Resident Fee
Medical Attention Only
First Response I no transport
Supplies and Medical Procedures
$125.00
$100.00
$125.00
$125.00
Varies at Recommended
Rates
Non-EMS Rates
Base Rate Non-Emergency Basic Life Support
Base Rate Non-Emergency Basic Life Support
2nd transfer same day
Base Rate Advanced Life Support/MICU
Base Rate MICU Level 2 (ALS2) Specialty Care
Transport (SCT)
Mileage (Loaded Mileage/Patient in Ambulance)
Oxygen
$190.00
$180,00
$350.00
$560.00
$ 8.00
$ 32.50
Disposable supplies, equipment and extra services charged separately.
The rates have stayed the same since 1993. Since Medicare will be changing to a fee
schedule, Keller anticipates components will allow area EMS providers to receive more
money, but he did not expect to see any additional reimbursements for about a year.
There was no public comment.
Mayor Woods stated he was interested in finding out what percentage of runs go to
Lubbock and Amarillo. He was advised the annual EMS deficit is from $100,000 to
$200,000 which is paid by taxpayers.
Councilmember Favila moved Ordinance No. 02-3342 be adopted upon first reading.
The motion was duly seconded by Councilmember Owen and carried by unanimous
vote.
John Castro, Director of Community Services presented for first reading Ordinance No.
02-3348, an Ordinance Designating A Certain Area As A Residential Tax Abatement
Zone In The City Of Plainview, Texas To Be Known As Reinvestment Zone No. 3a;
Establishing The Boundaries Thereof; And Providing For An Effective Date. This
Ordinance includes the additional property requested by the City Council to be included
in Reinvestment Zone 3. The description for this property is: A tract of land out of
Survey 39 Block JK-2: Beginning at the Intersection of the centerlines of El Paso Street
and the centerline of West Sixteenth Street. Thence North along the centerline of El
Paso Street to a point in the centerline of West Twenty-second Street. Thence West
along the centerline of West Twenty-second Street to a point in the centerline of
Galveston Street. Thence North along the centerline of Galveston Street to a point in
the centerline of West Twenty-fourth Street. Thence East along the centerline of West
Twenty-fourth Street to a point in the centerline of Columbia Street. Thence South
along the centerline of Columbia Street to the centerline of West Sixteenth Street.
Thence West along the centerline of West Sixteenth Street to the point of beginning.
Containing 58.05 acres more or less.
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City of Plainview Minutes August 27, 2002 Page 4 of 6
Councilmember McGehee moved Ordinance No. 02-3348 be approved upon first
reading. The motion was duly seconded by Councilmember Favila and carried
unanimously.
Mr. Castro presented upon first reading Ordinance No. 02-3349, An Ordinance
Designating A Certain Area As A Commercial Tax Abatement Zone In The City Of
Plainview, Texas To Be Known As Reinvestment Zone No. 4; Establishing The
Boundaries Thereof; And Providing For An Effective Date. He stated this Ordinance
includes all commercial property in previous Reinvestments Zones 3 and 3A: He
advised the Council that such was recommended by the Planning & Zoning Board.
There was no public comment.
Mayor Woods moved that Ordinance No. 02-3349 be approved upon first reading. The
motion was duly seconded by Councilmember Shanes and carried by unanimous vote.
John Berry, Director of Public Works stated two fuel bids were received from Douglass
Oil and Garrison Oil. He stated it was his recommendation the City accept the bid of
Garrison which proposes .05¢ per gallon savings compared to Douglass' .01¢ per
gallon savings.
There was no public comment.
Councilmember Shanes moved acceptance of the Iow bid of Garrison Oil. The motion
was duly seconded by Councilmember Tipton and carried unanimously.
Mr. Castro presented Resolution R02-111, a Resolution of the City Council of the City of
Plainview, Texas, Authorizing the Submission of a Texas Community Development
Program Application to the Office Of Rural Community Affairs For the Housing
Rehabilitation Fund; and Authorizing Mayor Lloyd Woods to Act as the City's Executive
Officer and Authorized Representative in all Matters Pertaining to the City's Participation
in the Community Development Program. This Resolution would authorize City staff to
apply for a $250,000 grant to assist in rehabilitation of homes. The grant is due
September 26, 2002.
Councilmember Favila moved Resolution R02-111 be adopted. The motion was duly
seconded by Councilmember Pena and carried by unanimous vote.
Mr. Castro presented for first reading Ordinance No. 02-3347, an Ordinance of the City
of Plainview, Texas, Amending the Use Chart in Section 8.1 of the Plainview Zoning
Ordinance No. 89-2798; Regarding Requirements For Massage Establishments;
Severability Clause; Cumulativeness Clause; Conflicts Clause; Effective Date. He stated
this was basically a housekeeping issue. The current Ordinance required a specific use
permit be acquired for any massage establishment. Upon further review by the City
Attorney, it was discovered the law changed in 1999 and state licensed masseuses were
to be treated the same as doctors, dentists, physical therapist etc. and not required to
obtain a specific use permit.
Councilmember Favila moved that Ordinance No. 02-3347 be approved upon first reading.
The motion was duly seconded by Mayor Woods and carried by unanimous vote.
City of Plainview Minutes
August 27, 2002
Page 5 of 6
Mayor Woods thanked Ken Douglass for the service provided as the City's fuel provider.
Rick Cox presented the Vector Control Report.
Mayor Woods moved the meeting be adjourned. The motion was duly seconded by
Councilmember Owen and carried by unanimous vote.
There...being no further business, Mayor Woods adjourned the meeting at 8:08 p.m.
Belinda Hinojosa (, )
City Secretary ~
9,5,.
City of Plainview Minutes
August 27, 2002
Page 6 of 6
