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HomeMy WebLinkAbout02 1126 minThe Plainview City Council met on November 26, 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 8:30 a.m. on November 20, 2002. 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, Bdce Clements- Engineer/Assistant Director of Public Works, Wally Hatch-City Attorney, John Castro- Director of Community Services, Dennis Harkins-Police Captain, Will Mull-Police Chief, Pat Hernandez-Municipal Judge, Jack Keller, Budget Manager, Jason Thompson-Main Street Coordinator, and Belinda Hinojosa-City Secretary. Guests present were Rollie Hyde, John C. Anderson, Carla Williams, Coleman Williams, and Fred Simtan. News Media Representative: Mary Vuong-Plainview Daily Herald Councilmember Bertsch delivered the invocation. The Girl Scouts led in the Pledge of Allegiance. Councilmember Shanes moved to adopt the consent calendar with the exception of items (f) and (j) which were moved to the Regular Agenda. The motion was duly seconded by Councilmember Favila and carried by unanimous vote. Items approved on the Consent Calendar included: approval of the minutes of November 12, 2002 and November 21,2002; receipt of departmental reports; and approval of expenditures. The Council approved upon first reading Ordinance No. 02-3362, an Ordinance Amending The City Of Plainview Code Of Ordinances Chapter Administration, Establishing The Collection Of A Technology Fund By Municipal Court; Cumulativeness Clause; Conflicts Clause; Severability Clause; And Effective Date. This ordinance adds a $4.00 technology fee as a cost of court to defendants convicted of a misdemeanor offense in municipal court. The Council approved upon first reading Ordinance No. 02-3364, an Ordinance of the City Council of the City of Plainview, Texas amending the Plainview Code of Ordinances, Chapter 7, Article 6, Entitled "Peddlers, Itinerant Vendors and Solicitors." Due to the increasing difficulty in acquiring bonds for vendors, the City Council has waived the requirement of a bond and will increase the license fee from $25.00 to $75.00 for the applicant. City Manager Jim Jeffers advised the Council he was informed by City Budget Officer Jack Keller that municipalities who have trash collection in-house and landfilling in- house, cannot separate the two for tax purposes and that both are required to be taxed. City administration reported the discrepancy to the Texas Comptroller of Public Accounts, thereby limiting the City's liability only to the last four years. The City asked the Comptroller to forgive the liability in that the City did act in good faith. The City also asked the Texas Municipal League and the Texas Speaker of the House to assist in waiving or lower the liability amount. Neither were optimistic any type of relieve would be received. The uncollected sales tax liability was calculated to be $268,964 for the last four years. The Texas Comptroller of Public Accounts has offered to limit the liability to the last four years with no penalty or interest charged and to limit the liability 119 City of Plainview Minutes November 26, 2002 Page I of 3 12,0 to one-half of the total ($134,482). The Comptroller's office has also agreed to a four- year pay out of $33,621. Ordinance No. 02-3363 is a budget amendment for the initial payment of $33,621 to the Texas Comptroller of Public Accounts. There was no public comment. Councilmember Tipton moved the City adopt Ordinance No. 02-3363, an Ordinance of the City of Plainview Amending Ordinance No. 02-3350 To Appropdate Funds In The Solid Waste Management Fund In The 2002 2003 Budget For Prior Years Uncollected Sales Tax On Landfill Operations; Cumulativeness Clause; Severability Clause; Conflicts Clause; And' Effective Date. The motion was duly seconded by Councilmember Owen and carried unanimously. Mayor Woods commended City Manager Jim Jeffers for his work in saving the City $134,000. Brice Clements, Assistant Director of Public Works/Engineer presented the preliminary plat of Fairway Gardens. He stated it would have 17 lots with a common area in the middle. This plat has been reviewed with city ordinances and finds three issues: (1) (2) (3) Frontage should be a minimum of 25 feet which Lot 5 does not meet. Lots I and 17 need to have side setback at least 15 feet, they are at 10 feet. Lots 1 and 17 should have frontage at least five feet wider. There was no public comment. Councilmember Bertsch questioned whether the setback and lot frontage could be adjusted to fit City regulations and was advised they could. Councilmember Owen moved the Council approve the preliminary plat of Fairway Gardens. The motion was seconded by Mayor Woods and carried with Mayor Woods and Councilmembers Tipton, Pena, Shanes, Owen, McGehee and Favila voting "for" the motion and Councilmember Bertsch voting "against." The Council did not go into discussion regarding the second reading of Ordinance No. 02-3361, an Ordinance of the City Of Plainview, Texas Amending Chapter 10 Of The Plainview Code Of Ordinances Severability Clause, Cumulativeness Clause; Conflicts Clause; And Effective Date - Building, Plumbing, Electrical Code Amendment. There was no public comment. Councilmember Shanes moved the City adopt Ordinance No. 02-3361 reading. The motion was duly seconded by Councilmember Owen unanimously. upon second and carried Jason Thompson, Main Street Coordinator advised the Council the City had been recognized as a National Main Street City once again this year. He presented the following goals for Main Street: (1) Focus on Downtown Economic Development City of Plainview Minutes November 26, 2002 Page 2 of 3 (2) (3) (4) Restoration/preservation of downtown properties Develop tourism/convention market Initiate a capital improvement plan 121 Elizabeth Regner, Assistant City Manager introduced Lisa Johnson, Mayor Pro Tem for the City of Granbury. Ms. Johnson presented information on what the City of Granbury had done to attract tourism. Ms. Regner presented a five-year capital improvement plan: Year 1 - Year 2 - Year 3 - Years 4 & 5 - Broadway Street- Phase I of banner project, sign repair (Granada & Boot Shop), murals, plant containers, and directional signage to Downtown. Ash Street - Phase II of banner project, and Phase I of historical lighting project, and trashcans. East and West Streets - Phase III of banner project, Phase II of historical lighting and signage for downtown business; Phase III of banner project, Phase III & IV of historical lighting, historical markers, lights on top of buildings and park benches. Mrs. Regner asked the Council to adopt the strategy plan and to release the unencumbered balance of $40,000 of hotel/motel tax. Such amount would only be used for projects allowed by the hotel/motel tax law. There was no public comment. Councilmember McGehee stated focus should not just be on retail, any professional should be encouraged. Mrs. Regner stated all would be eligible for fagade improvement assistance. Councilmember Owen moved to adopt the Plan and allocate the first $40,000. The motion was duly seconded by Councilmember Shanes and carried unanimously. Mayor Woods moved the meeting be adjourned. The motion was duly seconded by Councilmember Favila and carried by unanimous vote. There being no further business, Mayor Woods adjourned the meeting at 7:57 p.m. Belinda Hinojosa City Secretary City of Plainv.~cw Minutes November 26, 2002 Page 3 of 3