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HomeMy WebLinkAbout09-08-2015 Council minutes462 The Plainview City Council met on September 8, 2015 at 7:05 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 3:30 p.m. on September 4, 2015. Mayor Wendell Dunlap presided. Councilmembers present were: Charles Starnes -District 1, Larry Williams -District 2, Norma Juarez -District 3, Teressa King -District 4, Susan Blackerby-District 5, Lionel Garcia -District 6 and Eric Hastey-District 7. Staff members present were: Jeffrey Snyder -City Manager, Leslie Spear Schmidt -City Attorney, Sarianne Beversdorf-Director of Finance, Rusty Powers -Fire Chief, Ken Coughlin -Police Chief, lsauro Gutierrez -Information Technology Specialist, Tim Crosswhite-lnterim Director of Public Works and Belinda Hinojosa-City Secretary. News Media Present: Homer Marquez -Plainview Herald and Caleb Hatch -Plainview Radio Guests Present: Mike Fox and Perry Gruhlkey Councilmember Susan Blackerby delivered the invocation and led in the pledge of allegiance. Councilmember Williams moved to approve the consent calendar. The motion was duly seconded by Councilmember Blackerby and carried by unanimous vote. Items approved on the consent calendar included the approval of the minutes of August 20, 2015 and August 25, 2015; approval of Resolution R15-344, a Resolution of the City Council of the City of Plainview, Texas, Approving the Request of the Plainview Herald to Host the Cowboy Days Parade; Authorizing the Filing of the Agreement for the Temporary Closure of State Right -Of -Way with the Texas Department Of Transportation for this Event; Declaring that the Event Serves a Public Purpose; and Agreeing to Comply with Regulations. Jeffrey Snyder, City Manager presented for consideration on first reading Ordinance No. 15-3623, an Ordinance Of The City Of Plainview, Texas, Adopting And Approving The Budget For The Fiscal Year Beginning October 1, 2015 And Terminating September 30, 2016, And Making Such Appropriations For Each Department, Project And Account; Cumulativeness Clause; Conflicts Clause; Severability Clause; And Effective Date. He reviewed the 2015-2016 budget. The budget includes a .6288 tax rate. Mayor Dunlap asked for public comment. There was no public comment. Councilmember Blackerby moved to adopt Ordinance No. 15-3623 on first reading. The motion was duly seconded by Councilmember Juarez. Belinda Hinojosa, City Secretary asked for a record vote of the Council with the Council voting as follows: Mayor Dunlap — Yes Councilmember Starnes — Yes Councilmember Williams — Yes Councilmember Juarez — Yes Mayor Pro Tem King — Yes Councilmember Blackerby- Yes Councilmember Garcia — Yes City Council Minutes September 8, 2015 Page 1 of 6 Councilmember Hastey — Yes The motion carried with a vote of 8 "for" the motion. Mr. Snyder presented for consideration an action to ratify the Property Tax Increase reflected in the FY 2015-2016 Budget. Under Texas Local Government Code Section 102.007(c), a City adopting a budget that raises more revenue from property taxes than the previous year is required to take a separate vote to ratify the property tax increase. The proposed budget includes a property tax rate of $0.6288 per $100 valuation. This is over the effective tax rate of $0.5868 per $100 valuation. Mayor Dunlap asked for public comment. There was no public comment. Mayor Pro Tem King moved to ratify the property tax increase reflected in the budget for Fiscal Year 2015- 2016 Budget. The motion was duly seconded by Councilmember Hastey and carried by unanimous vote. Mr. Snyder presented for consideration on first reading Ordinance No. 15-3624, an Ordinance Levying Municipal Ad Valorem Taxes For The City Of Plainview, Texas, For The Year 2015, And Directing The Assessment And Collection Thereof; Severability Clause; Cumulativeness Clause; Conflicts Clause; Repealer; And Effective Date. This is the first reading of the Ordinance levying the property tax rate of $0.6288 per one hundred valuation. This is the tax rate included in the budget. The City of Plainview tax rate goes toward maintenance and operations only. There is no debt service for the General Fund. The property tax rate included in the budget for 2015-2016 Fiscal Year is $0.6288. The effective tax rate is $0.5868. The rollback rate is $0.6360. Mayor Dunlap asked for public comment. There was no public comment. Councilmember Starnes moved that the property tax rate be increased by the adoption of a tax rate of sixty-two and eighty-eight hundredths cents ($.6288), which is effectively a 7.16 percent increase in the tax rate as part of Ordinance No. 15-3624. The motion was duly seconded by Councilmember Blackerby. Councilmember Williams moved to amend the motion to adopt a tax rate of sixty-three and sixty hundredths cents ($.6360), which is effectively an 8.38 percent increase in the tax rate. The motion was duly seconded by Mayor Pro Tem King. Belinda Hinojosa, City Secretary asked for a record vote of the Council on the amendment to the original motion with the Council voting as follows: Mayor Dunlap — No Councilmember Starnes — No Councilmember Williams — Yes Councilmember Juarez — Yes Mayor Pro Tem King — No Councilmember Blackerby- No Councilmember Garcia — No Councilmember Hastey — No City Council Minutes September 8, 2015 Page 2 of 6 463 464 The motion failed. Belinda Hinojosa, City Secretary asked for a record vote of the Council on the original motion with the Council voting as follows: Mayor Dunlap — Yes Councilmember Starnes — Yes Councilmember Williams — Yes Councilmember Juarez — Yes Mayor Pro Tem King — Yes Councilmember Blackerby- Yes Councilmember Garcia — Yes Councilmember Hastey — Yes The motion carried with a vote of 8 "for" the motion. Mr. Snyder presented for consideration on first reading Ordinance No. 15-3625, an Ordinance of the City of Plainview, Texas, Amending Chapter 13, "Utilities" of the Code of Ordinances of the City of Plainview, Texas; Repealer; Cumulativeness Clause; Severability Clause; and Effective Date. The base sewer rate would increase from the current rate of $11.05 per month to $13.00 per month. The rate per thousand gallons would increase from the current 1.60 per thousand to $1.65 per thousand. This percentage increase would apply across all rate classes in sewer fees. A household using 5,000 gallons of water per month would see their total utility bill increase from $78.86 to $81.06 or 2.79%. This Ordinance also adds a utility account transfer fee of $25.00. This service has made up over 30% of our work in utility account set ups. This will generate an additional $20,000 in the Utility Fund. This also updates Section 13.04.072 dealing with the removal, transport and disposal of waste from septic tanks, grease traps, etc. The City has not been able to accept septic waste from haulers at the Wastewater Treatment Plant over the past few years. The City has updated the system at the plant and is now able to accept this waste. Staff is proposing to update the fee structure. Mayor Dunlap asked for public comment. There was no public comment. Councilmember Starnes moved to adopt Ordinance No. 15-3625 on first reading. The motion was duly seconded by Mayor Pro Tem King and carried by unanimous vote. Mr. Snyder presented for consideration on first reading Ordinance No. 15-3626, an Ordinance Of The City Of Plainview Amending Ordinance No. 14-3614 To Appropriate Funds In The General Fund And Various Revenue And Capital Funds Pursuant To Section 5.07 (A) And (D) Of The Plainview City Charter Allowing For Supplemental Appropriations In The 2014-2015 Budget; Cumulativeness Clause; Conflicts Clause; Severability Clause; And Effective Date. During course of fiscal year, we have projects and opportunities that may cause expenditures in some areas to exceed the budgeted funds in some of the line -items. The 2014-2015 budget is amended to appropriate excess revenues/reserves in the general and various revenue and capital funds. This is done on an annual basis. City Council Minutes September 8, 2015 Page 3 of 6 Mayor Dunlap asked for public comment. There was no public comment. Mayor Pro Tem King moved to adopt Ordinance No. 15-3626 on first reading. The motion was duly seconded by Councilmember Blackerby and carried by unanimous vote. Mr. Andrew Freeman, Assistant City Manager presented for consideration on first reading Ordinance No. 15-3627, an Ordinance Of The City Of Plainview, Texas Amending The Comprehensive Zoning Ordinance And Map And Showing The Location, Boundary And Use Of Certain Property For The Rezoning Of Lots From A Single Family Residential 1 ("R-1") Zoning District To A Planned Development ("PD") Zoning District. Said Parcels Being Approximately 20.26 Acres, Abstract 2000, BLK JK -2, Sec 26, out of E/2 S. Of Hwy, City Of Plainview, Hale County, Texas; And Being More Particularly Described In The Attached And Incorporated Concept Plan For Multifamily Residential 2 ("MF -2") Zoning District And Office ("0") Zoning District Land Uses; Providing That The Property Shall Be Developed In Accordance With The "PD" Regulations; Providing That The Property Shall Be Developed In Accordance With Special Conditions Required Of Planned Developments; Repealer; Cumulativeness Clause; Severability Clause; And Effective Date. This is an application for rezoning from R-1 Residential Zoning to Planned Development Zoning for a parcel located north of 24th Street, west of Ennis Street and east of Garland Street said parcels being in South East part of Section 26, Block JK -2, Plainview, Hale County, Texas. This is a request by Hari Krishna to rezone this property to Planned Development "PD" in order to create a unified senior living village, containing residences and services appropriate to seniors, including 3 acres for office district permitted uses on the south end of the property. The proposed 20 acre project is across Garland from developed residential (single family and duplexes) and is adjacent to Ennis. This is in the Westgate Addition. The proposed PD uses include: multi -family residence (senior), retirement housing, accessory building to main use, adult day care center, continuing care facility, rest home or nursing home, and Office District permitted uses. This request has been found by staff to meet the requirements for PD zoning and follows the intent of the comprehensive plan for General Residential and Auto -Oriented Commercial in this area. The applicant has requested deferral of the site plan requirement until building permits are submitted, with the site plan being approved by the Planning and Zoning Commission per the Code. Staff agrees waiting until later in the development process would make sense for this project and supports the request. On July 2nd, the Planning & Zoning Commission held a public hearing on this item and recommended approval of this application with the conditions of no retail or alcohol sales allowed in the PD. There were public comments expressed concerning retail sales and the sale of alcohol. Staff recommends approval. Councilmember Starnes moved to open a public hearing on Ordinance No. 15-3627. The motion was duly seconded by Councilmember Hastey and carried by unanimous vote. Perry Gruhlkey who resides at 3401 W. 31St Street stated he is totally satisfied the way the Ordinance has been redone. He was against the sale of alcohol at the location. City Council Minutes September 8, 2015 Page 4 of 6 465' 466 There was no further public comment. Councilmember Starnes moved to close the public hearing. The motion was duly seconded by Mayor Pro Tem King and carried by unanimous vote. The public hearing was closed at 8:15 p.m. Councilmember Starnes moved to adopt Ordinance 15-3627 on first reading. The motion was duly seconded by Councilmember Blackerby and carried by unanimous vote. Mr. Freeman presented Ordinance 15-3628 on first reading, an Ordinance Amending The Comprehensive Zoning Ordinance And Map Of The City Of Plainview, Texas For The Rezoning Of Lots From A Single Family Residential 2 ("R-2") Zoning District To An Office ("0") Zoning District, Said Parcels Being Approximately 0.22 Acres Located At The West 65 Feet Of Lots 9, 10, And 11, Block 3, Riverside Addition, The Same Being 700 Joliet Street, City Of Plainview, Hale County, Texas; Repealer; Cumulativeness Clause; Severability Clause; And Effective Date. This is a request from CFS Allocation Solutions to rezone the property at 700 Joliet Street from a R-2 District to Office District. The property was acquired in foreclosure and they are wanting to use as office building. In was used previously as a dentist office. Staff believes it would be meeting the intent of the comprehensive plan to change the zoning to Office District so that a new owner can utilize the structure as such moving forward. Councilmember Starnes moved to open a public hearing on Ordinance No.15-3628. The motion was duly seconded by Councilmember Juarez and carried by unanimous vote. There was no public comment. Councilmember Starnes moved to close the public hearing. The motion was duly seconded by Mayor Pro Tem King and carried by unanimous vote. The public hearing was closed at 8:21 p.m. Mr. Freeman presented to award contract for Civic Center Re -Roof Project. The Council approved an award to A-Lert Roof Systems during the June 9th Council meeting in the amount of $221,580 for the Civic Center Re -Roof project. Construction of the roof is expected to begin in October. The Contract includes language regarding the salvaging of old roof panels. Mayor Dunlap asked for public comment. There was no public comment. Councilmember Williams moved to award contract for Civic Center Re -roof project to A- Lert Roof Systems. The motion was duly seconded by Councilmember Starnes and carried by unanimous vote. Tim Crosswhite, Interim Director of Public Works presented for consideration to award bid for bar screen project. The water reclamation plant had a screen failure. We worked with Parkhill Smith & Cooper to get this problem resolved. We advertised for bids and received one bid from Allen Doggett Construction in the amount of $118,500. Staff recommends award to Allen Doggett Construction. Mayor Dunlap asked for public comment. There was no public comment. Councilmember Starnes moved to award bid to Allen Doggett Construction in the amount of $118,500. The motion was duly seconded by Councilmember Blackerby and carried by unanimous vote. City Council Minutes September 8, 2015 Page 5 of 6 There being no further business, Mayor Dunlap adjourned the meeting at 8:28 p.m. Belinda Hinojosa City Secretary City Council Minutes September 8, 2015 Page 6 of 6 467