HomeMy WebLinkAbout02 0910 minThe Plainview City Council met on September 10, 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 4:00 p.m. on September 4, 2002. Mayor Lloyd C. Woods
presided. Councilmembers present were: Kelvin Tipton-District 1, Mary Jane Shanes-
District 2, John N. Bertsch-District 4, Ross Owen-District 5, Buddy McGehee-District 6
and Irene Favila-District 7. Councilmember Belinda Pena-District 3 was absent.
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, Gary Glass-Fire Chief, Wally Hatch-City Attorney, John Castro-Director of
Community Services, Will Mull-Police Chief, Jack Keller-Budget Manager, Del Essary-
Landfill Superintendent and Belinda Hinojosa-City Secretary.
News Media Representative: Richard Orr-Plainview Daily Herald
Guests present were: Joe Smith, First Southwest; John Kelley with Parkhill, Smith &
Cooper; Kenny Hughes; Brian Stevens; Helen Fields, Director of Hale County Senior
Citizens Center; Ron Roberts; Steve Hurt; Rusty Gray, Executive Director Parent's
Place; Wally Chavez; Kaye Harris-Executive Director of Hale County Crisis Center
Councilmember Favila delivered the invocation.
The Police Department Honor Guard led in the Pledge of Allegiance.
Mayor Pro Tem Mary Jane Shanes read a Proclamation for "Always Remember 9-11
Day"
Councilmember McGehee moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Tipton and carried by unanimous vote. Items approved
on the Consent Calendar included: approval of the minutes of August 27, 2002 and
September 5, 2002; receipt of departmental reports; and approval of expenditures. The
Council granted an excuSed absence to Belinda Pena. The Council approved upon
second 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. The previous Ordinance
required a specific use permit be acquired for any massage establishment. The law
changed in 1999 and state licensed masseuses are to be treated the same as doctors,
dentists, physical therapist etc. and not required to obtain a specific use permit.
The Council agreed to consider Item 12 first since Joe Smith from First Southwest was
driving back to Abilene that night. Mr. Joe Smith advised the Council if they agreed to
refinance the Series 1992 Bonds, the City would save approximately $111,000. The
bonds would payoff in 2007, the same date as the original bonds.
The transaction is a negotiated sale with RBC Dain Rauscher Inc. based on the City's
A2 Rating. Councilmember Buddy McGehee moved the Council approve the Ordinance
authorizing the issuance of the bonds. The motion was duly seconded by
Councilmember Owen and carried by unanimous vote.
Jim Jeffers, City Manager reviewed the request of the City of Kress for water.
Councilmember Tipton declared a conflict of interest. Kress' average water use is
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September 10, 2002
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95,890 gallons per day with the historic peak day of 216,000 gallons per day. The 2001
maximum production capacity was 16.4 million gallons per day with the daily average
production of 4.5 million gallons per day.
John Kelley with Parkhill, Smith & Cooper introduced Brian Stevens, an engineer with
Parkhill, Smith & Cooper and Kenny Hughes, City Manager for the City of Kress. He
stated the City of Kress was in the process of applying for a TDCP grant. The City
would gradually phase in the use of Plainview's water within six to 10 years. If funded
within 2003, the earliest Kress would take water Would be February 2004. If funded
within 2004, the earliest Kress would take water would be February 2005. He stated
they were aware they would need to follow the same drought contingency plan and
there would be some repayment costs.
There was no public comment.
Upon questioning from Councilmember Owen, Mr. Kelley stated the City was securing
long term water needs. Councilmember Favila asked if said application would be
submitted to SPAG's Regional Review Committee, of which Mrs. Favila and the Mayor
are both members of? She was advised that such was the case, but they should go
ahead and vote on the matter and discuss the situation with that Committee, per the
City Attorney. Councilmember McGehee was advised that receiving the grant was a
factor in securing water from Plainview, because the grant would pay for a majority of
the costs. Councilmember Bertsch questioned whether a recent study had been done
to determine if Plainview had enough water, but such had not been performed.
Mayor Woods moved to approve the request. The motion was duly seconded by
Councilmember Favila. The motion failed. Mayor Woods, Favila and Bertsch voted
"for" the motion and Councilmembers Owen, McGehee and Shanes voted "against" the
motion. Councilmember Tipton abstained.
Mayor Woods presented for second reading Ordinance No. 02-3348, an Ordinance Of
The City Of Plainview, Texas Amending Chapter Four, "Ambulances" Of The Code Of
Ordinances Of The City Of Plainview, Texas, Severability Clause; Cumulativeness
Clause; Conflicts Clause; And Effective Date. This ordinance would raise the
ambulance rates. The City currently loses 100,000 to 200,000 per year.
Councilmember Favila moved that Ordinance No. 02-3348 be approved upon second
reading. The motion was duly seconded by Councilmember McGehee and carried
unanimously.
Mayor Woods presented for second 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 would
approve a residential tax abatement zone for property located within the following legal
description: 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
City of Plainview Minutes
September 10, 2002
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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.
There was no public comment.
Councilmember McGehee moved ithat Ordinance No. 02-3348 be approved upon
second reading. The motion was duly seconded by Mayor Woods and carried
unanimously. ~
Mayor Woods presented for second reading Ordinance No. 02-3349, an Ordinance
Designating A Certain Area As A iCommercial Tax Abatement Zone In The City Of
Plainview, Texas To Be Known As Reinvestment Zone No, 4; Establishing The
Boundaries Thereof; And Prowd~ng For An Effective Date. He stated this ordinance
was basically the same as the Other, other than it provided for commercial tax
abatement and included the area lis:ed in Reinvestment Zone No. 3 and 3A.
There was no public comment.
I
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Councilmember Shanes moved tha': Ordinance No. 02-3349 be approved upon second
reading. The nlotion was duly ~econded by Councilmember Tipton and carried
unanimously.
Jim Jeffers, City Manager presented for first reading Ordinance No. 02-3350, an
Ordinance Adopling And Approving The Budget For The Fiscal Year Beginning
October 1, 20(;2, And Terminating September 30, 2003, And Making Such
Appropriations Fear Each Department, Project And Account. He thanked Assistant City
Manager Elizabeth Regner and Budget Manager Jack Keller and his staff for their hard
work. He preser ted an overview of the budget. The projected operating revenue for
fiscal year endin ~ September 30, 2002 includes 19% from property tax ($2,672,320),
20% from sales :ax ($2,840,000), F% from franchise tax ($1,002,600), 1% from fines
($216,250), 1% fl om interest ($210,i000), 0% from license & permits ($47,800), 5% from
solid waste colle(:tion ($790,000), 110% from landfill fees ($1,560,000), 16% from water
sales ($2,478,00:)), 12% from sewer fee ($1,783,000) and 9% from other sources
($1,420,883). '
The projected o~erating expenditi~res for fiscal year ending September 30, 2003
includes 14% for fire/ems/civil servibe ($2,114,088), 16% for police ($2,386,122), 6% for
library/park/pool $890,676), 8% for streets/public works ($1,202,714), 2% for health
($338,429), 2% for community Service ($371,877), 4% for admin/legal/financial
($640,960), 2%1 ~
Or non-departmental ($255,925), 16% for solid waste ($2,441,935),
17% for water ($2,530,650) and 13% for sewer ($1,982,884).
Mr. Jeffers stated
This would redu¢
The current budg
Hale County Se~
the equipment re
:e budget expendi
et calls for $10,0¢
flor Citizens; and
~lacement fund would not be funded for 2002-2003.
tures by $465,000 ($360,000 in the general fund).
0 to be awarded to Parent's Place, Inc.; $10,000 to
$2,600 to Hale County Crisis Center. The Hale
County Senior Citizens received ~4,000 in 1999-2000, $10,000 in 2000-2001, and
$10,000 in 2001-2002. Parent's PlaIce receiVed $5,000 in 1999-2000, $10,000 in 2000-
2001, and $10,000. in 2001-2002, The City currently has 197 employees. The
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proposed budget calls for a 6% raise for uniformed personnel, 3% for non-uniformed
personnel at a total cost of $299,027.90. It also includes annual step raises.
The Mayor opened up for public comment.
Helen Fields, Director of the Hale County Senior Citizens Center introduced Ron
Roberts, President and Steve Hurt, Vice President. She stated the Center had been in
operation for 25 years. The requested $10;000 is required to continue service and
implement new services. They receive funding from the United Way, Hale County,
Trusts, individual memorials, meals and the City. The Center has started a telephone
blitz to contact individuals with great results. They currently advertise in the local paper,
TV and radio coverage. The Center served 1,691 unduplicated seniors last year with
the Center already having service 1,722 this year. The Center served 10.6% Hispanics
last year and currently is serving 11.9% Hispanics. She stated the senior population is
the fastest growing population. Ms. Fields thanked the Council on behalf of the Center's
Board of Directors and stated she hoped for help in the coming year.
Rusty Gray, Executive Director of Parent's Place introduced board member Wally
Chavez. He stated they need the $10,000 for operating expenses. They teach
parenting classes at the jail and the hospital. They have taught 161 classes with 1,300
participants. They teach classes in Tulia and in Plainview. They have three secretaries
from his church who receive part-time pay from Parent's Place.
Kay Harris, Executive Director of the Hale County Crisis Center stated they are
requesting funding for the Battery Intervention and Prevention Program (BIPP). This
program has been in force since 1995. The $2,600 requested from the City is needed
to supplement this program. 64% (60) of its clients are from Plainview. They charge a
$10.00 fee per session and have licensed professional counselors.
There was no other public comment.
Councilmember Owen stated these are difficult times, which require difficult decisions.
He has been involved with the Council since 1988 and hasn't previously seen the deficit
spending situation. He stated these organizations probably needed to look for other
funding sources.
Upon questioning from Councilmembers, Kay Harris stated the BIPP program does not
receive any money from the courts; the $15,000 received last year came from
donations, fundraising and fees. The County has not been approached for funding
since they currently provide $3,000 for the shelter. Fees have remained the same since
she feels the people in the group have financial problems, additional financial problems
would probably lead to more abuse.
Councilmember McGehee questioned why Parent's Place did not receive private
contributions from individuals? If services are so wonderful, would like to see individual
contributions. Mr. Gray stated that 90% of clients served are from Hale County. District
Judges make the program "For Kids Sake" mandatory, but do not provide any funding
for the program. They currently charge $40.00 per person for a four-hour course. 90%
of their clients pay, but they do not turn anyone away. They do not receive any funding
from Castro County, because when they taught a class there it was not very well
attended.
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Councilmember McGehee moved that the City Manger amend the budget to remove the
$10,000 appropriated for Parent's Place. The motion failed for a lack of a second.
Councilmember Owen moved it was time to wean the last two. He moved the budget
be adopted as presented with $10,000 going to the Hale County Senior Citizens Center,
$5,000 to Parent's Place and $1,000 to the Hale County Crisis Center. The motion was
duly seconded by Mayor Woods. The motion carried with Mayor Woods,
Councilmembers Tipton, Pena, Owen, McGehee voting "for" the motion and
Councilmembers Shanes and Favila voting ',against."
Jim Jeffers presented for first reading Ordinance No. 02-3351, an Ordinance Levying
Municipal Ad Valorem Taxes For The City Of Plainview, Texas, For The Year 2002,
And Directing The Assessment And Collection Thereof; Severability Clause;
Cumulativeness Clause; Conflicts Clause; And Effective Date. This ordinance proposes
a .02¢ increase. The City has been able to keep the rates relatively the same, except
for 1997, 1998 and 1999 when they were increased for street improvements. The
general fund has experienced deficit spending in 1999, 2001 and 2002.
The projected general fund reserves for 2002/2003 Fiscal Year are $3,544,812 or five
months. The minimum suggested operating reserves is three months of the annual
budget with city administration attempting to maintain six months.
The proposed tax rate increase would generate $120,000 and the increase in appraisals
would generate an additional $120,000.
The Mayor opened the public hearing.
Rey Rosas of 1212 Lexington in Plainview stated he had no problem with the .02¢
increase. He stated the Council needs to look into annexing the airport. The County
and the school district get their money, and feels the City should receive tax money
also. He stated he was in support of the .02¢ increase.
The Mayor closed the public hearing.
Councilmember Shanes moved that Ordinance No. 02-3351 be adopted upon first
reading. The motion was duly seconded by Councilmember Favila.
Councilmember McGehee stated he wanted to get on record some information. The
property tax burden increasingly is being shifted to homeowners for example Kmart and
Stonebriar Village are now off the tax rolls.
Councilmember Favila questioned why Stonebriar was off the tax rolls? Mr. Jeffers
advised they filed for exemption, which they are entitled to under law. They previously
offered to make payment in lieu of taxes. City staff did not have anything in writing, but
would seek Such.
Councilmember McGehee stated property owners would receive an average $25.00
increase with a 4.2% property appraisal increase.
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September 10, 2002
Page 5 of 7
The Council then proceeded to vote on the motion to adopt Ordinance No. 02-3351.
The motion carried unanimously.
The Council took a brief break at 8:42 p.m. and reconvened at 8:53 p.m.
Jim Jeffers presented for first reading Ordinance No. 02-3353, an Ordinance Of The
City Of Plainview, Texas, Amending Section 22-32 Entitled "Refuse Collection Fees;
Water Termination" Of The Code Of Ordinances Of The City Of Plainview, Texas.
There is currently a deficit in the collections end. A residential customer would see a
$2.45 increase in their utility bill. The proposed ordinance would increase rates by 20%,
with the new fees as follows:
Class I Residential
One reSidential unit.
Two residential units with one water meter.
Three residential units with one water meter.
Four residential units or apartment house or
trailer park one water meter with three yard
container
$ 14.75 monthly
29.50
44.25
59.00
Class II Commercial
Regular Rate - 3 or 4 Yard - 2 EmptieS $ 67.20
Regular Rate - 3 or 4 Yard - 3 Empties $100.80
Regular Rate - 3 or 4 Yard - 4 Empties $134.40
Regular Rate - 3 or 4 Yard - 5 Empties $168.00
Regular Rate - 3 or 4 Yard - 6 Empties $ 201.60
Regular Rate - 8 Yard - 2 Empties $128.40
Regular Rate - 8 Yard - 3 Empties $192.60
Regular Rate - 8 Yard - 4 Empties $ 256.80
Regular Rate - 8 Yard - 5 Empties $ 321.00
Regular Rate - 8 Yard - 6 Empties $ 385.20
Shared Rate- Light Commercial $ 35.00
There was no public comment.
Councilmember McGehee asked what the tipping fees were for the area cities. Del
Essary, Landfill Superintendent stated Brownfield's rate was $47 to $48 and Lubbock's
rates are $28 per ton. The smaller cities' rates are very Iow since they are not subject
to the same environmental protection requirements.
Councilmember Owen commended Del Essary, staff and Jim Jeffers since rates had
not been increased since 1992. He moved that Ordinance No. 02-3353 be adopted
upon first reading. The motion was seconded by Mayor Woods and carried with Mayor
Woods, Councilmembers Shanes, Bertsch, Owen, McGehee and Favila voting "for" the
motion and Councilmember Ti pton voting "against."
Will Mull, Police Chief presented for first reading Ordinance No. 02-3352, an Ordinance
Of The City Of Plainview, Texas, Amending Section 24-158 Of The Code Of Ordinances
To Establish A Maximum Rate Of Speed For Vehicles Traveling Eastbound And
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September 10, 2002
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Westbound On FM 3466 (Southwest Third And Southeast Fourth Streets In The City Of
Plainview); Providing For A Penalty; Cumulativeness Clause; ConfliCts Clause;
Severability Clause; And Effective Date. The map has been reworked. Rick Cox,
Traffic Safety Officer and the engineer for the Texas Department of Transportation both
agree these proposed sPeeds meet all state guidelines. The new speeds would be
posted after the Council's approval.
Coun¢ilmember Tipton moved to adopt Ordinance No. 02-3352. The motion was duly
seconded by CounCilmember McGehee and carried unanimously.
Councilmember Owen moved the Council go into Closed Session. (1.) 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 (2.) 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 Favila and carried unanimously.
Mayor Woods recessed the meeting into closed session at 9:07 p.m.
The Council reconvened in open session at 9:42 p.m. and did not take any action.
Councilmember Owen moved the meeting be adjourned. The motion was duly
seconded by Councilmember Shanes and carried by unanimous vote.
There being no further business, Mayor Woods adjourned the meeting at 9:43 p.m.
Belinda Hinojosa
City Secretary
103
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September 1 O, 2002
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