HomeMy WebLinkAbout05 0920 minThe Plainview City Council met on September 20, 2005 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 10:30 a.m. on September 14, 2005. Mayor John C. Anderson
presided. Councilmembers present were: Kelvin Tipton-District 1, Mary Jane Shanes-
District 2, Belinda Pena-District 3, John N. Bertsch-District 4, Wendell Dunlap-District 6
and Roland Nash-District 7. Councilmember Ron Trusler-District 5 was absent.
Staff members present were: Greg Ingham-City Manager, John Castro-Director of
Community Services, John Berry-Director of Public Works, Leslie Pearce-City Attorney,
Dale Simpson-Director of Civil Service, Gary Glass-Fire Chief, Will Mull-Police Chief,
Jack Keller-Budget Manager, Brice Clements-Engineer, Don Burress-Training Officer,
Fire Department, Phillip Mize-Fire Marshall and Belinda Hinojosa-City Secretary.
Guests present were: Joelle Swanson, Maresela Ramos, Dwain Dodson, Rex
Ramsower, Ray Lee, Samuel Cuellar, Klm Pelletier, Rev. Santos Rodriguez and
Yolanda Godsey Rodriguez
Rev. Santos Rodriguez of Iglesia Bautista Date Street delivered the invocation.
Joelle Swanson and Maresela Ramos of Girl Scout Troop 35 led in the Pledge of
Allegiance.
Mayor Anderson welcomed Councilmember Belinda Pena back from Baton Rouge,
Louisiana where she was assisting with the hurricane relief efforts. He also recognized
the members of the Administration I Class who were in attendance.
Councilmember Shanes moved to adopt the consent calendar. The motion was duly
seconded by Dunlap and carried by unanimous vote. Items approved on the consent
calendar included approval of the minutes of August 23, 2005 and September 8,
2005. The Council granted an excused absence to Councilmember Ron Trusler.
The Council approved upon first reading Ordinance No. 05-3448, an Ordinance of the
City of Plainview Amending Ordinance No. 04-3425 to Appropriate Funds in the
General Fund and Various Revenue and Capital Funds Pursuant to Section 5.07 (a) of
the Plainview City Charter Allowing for Supplemental Appropriations in the 2004-2005
Budget; Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective
Date. This budget amendment covers money for capital improvements, $250,000 to the
equipment replacement fund, $27,000 for step up pay, $9,000 for equipment repairs,
$8,000 for EMS, $15,000 for street lighting; $100,145 for sideload truck, $5,000 for
aiesel fuel in landfill and $40,000 for wastewater treatment plant increase. The Council
approved authorizing the Mayor to sign a grant No. 7560006391 - 2006, with the
Texas Department of State Health Services, Regional and Local Services
Section/Local Public Health Systems in the amount of $34,558.00 for the period
beginning 9/1/05 thru 2/28/06. This grant is for a period of six months and it is used to
improve and strengthen local public health infrastructure with the state. The Council
approved authorizing the Mayor to sign a grant No. 7560006391-2006 Chg 1, with the
Texas Department of State Health Services, Regional and Local Services
Section/Local Public Health Systems which adds $44,977.00 (immunization component)
for the period beginning 9/01/05 thru 8/31/06. This is for a one-year pedod for
immunizations.
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September 20, 2005
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Greg Ingham presented information on the proposed tax increase. The expenditures
in the General Fund are at $9,289,640, which is up 6% or $538,000 over last year's
budget. The General Fund revenue is made up of 37% from property taxes and 32%
from sales tax. Our assessed values went up somewhat for the current year. He stated
some of the concerns the City has is that sales tax are relatively flat, so this is
something we are taking into consideration. In General Fund expenditures we have
27% in fire and EMS and 27% in police with our first responder budget taking up over
54% of our General Fund budget.
Items that are being looked at in the General Fund budget this year are to strengthen
the equipment replacement fund; energy costs are up 15%; strengthen firefighter's
pension fund, 3% cost of living raise for city employees; and increase efforts to market
Plainview and encourage economic development. He stated the proposed tax rate
would be an annual increase of $6.78 on an average homestead of $67,773 or a
monthly increase of $0.56. The following services are paid by the General Fund: 24
hour Police Protection, 24 hour Fire Protection, 24 hour Emergency Medical Service;
maintenance of all public streets and alleys; park facilities including baseball, softball,
swimming pool and soccer fields; public library; animal control services; environmental
health services including restaurant inspections; public health services; building
inspections and permitting services; code enforcement services; emergency and
disaster management; economic development and grant administration; Main Street
program; general administration, legal and finance.
Councilmember Dunlap moved to open a public hearing regarding the proposed tax
increase. The motion was duly seconded by Councilmember Pena and carried by
unanimous vote.
Dwain Dodson of 1108 Zephyr stated he appreciated what the Council does. He stated
that the Council should be able to trim the budget to avoid the tax increase. He felt the
tax rate should be going down, not up. He expressed concern over the director of
administration services position and money for skate park. He felt the purchase of the
fire truck could be postponed an additional year.
Rex Ramsower stated the City needed to do more to stimulate the economy. He stated
80% are blue-collar workers and are more loyal than the wealthy. If we cOuld raise
sales tax 10%, then we wouldn't need to raise taxes.
There was no additional public comment. Councilmember Nash moved to close the
public hearing. The motion was duly seconded by Councilmember Shanes and Carried
by unanimous vote. The public hearing was closed at 7:42 p.m.
Mayor Anderson announced that a vote on the tax rate would be held on September 27,
2005 at 7:00 p.m.
Greg Ingham, City Manager presented information on the 2005-2006 Budget. He
presented a brief overview of the remaining part of the budget. The total budgeted
expenditures are $18,866,000, which includes our special revenue funds, capital
improvements, system improvements and our debt service fund. The property tax and
sales tax are a big factor and it also the water and sewer revenues. The police and fire
still represent nearly one-third of that budget. The solid waste and sewer are the major
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September 20, 2005
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players with some $2.8 million in the water department and $1.7 million in the sewer
department.
The Solid Waste Management Fund is where we handle the collection of trash and the
disposal of it in our landfill This is a fee-supported department and we are trying to
make sure to keep on track. In solid waste we have our residential collection
department, our landfill disposal section, the recycling center, commercial collection,
mosquito spraying and mowing for those functions and you have some $2.6 million in
total operating expenses. The diesel fuel cost is up nearly 30% in this department.
The Water & Sewer Fund is where we handle the collection and treatmenl of the
wastewater and also the production: purchase, distribution of water sales. Our water
production is one of our largest expenditures. This fund took on additional debt service
from the Canadian Municipal Water Authority in the amount of $95 000.
The Theatre Arts Fund is continuing to operate as an enterprise fund. The budget has
been lowered for this fund this year and feel the revenue stream being generated can
support the expenditures included in that bu(]get.
He stated we are looking at the Service Center, which is continuing to be a little bit of a
challenge this year.
The Hotel/Motel Tax Fund is being brought under the City operation and will be handling
the Convention & Visitor's Bureau's promotion and advertising to help sell Plainview
more strongly.
Councilmember John N. Bertsch moved to open the public hearing regarding the 2005-
2006 Budget. The motion was duly seconded by Councilmember Dunlap and carried by
unammous vote.
There was no public comment. Councilmember Tipton moved to close the public
hearing. The motion was duly seconded by Councilmember Bertsch and carried by
unanimous vote.
The public hearing was closed at 7:53 p.m.
Mayor Anderson announced that a public hearing on the budget would be held on
September 27, 2005 at 7:00 p.m.
Councilmember Tipton asked to make a buctget comment. He stated the City needs to
go in and really analyze the service center.
Greg Ingham, City Manager presented for consideration on first reading Ordinance No.
05-3451, an Ordinance of the City of Piainview, amending Section 25-42, entitled
"Monthly Sewer Rates" of the Code of the City of Plainview, Texas; severability clause;
cumulativeness clause; conflicts clause; effective date. He stated the base rate for
wastewater rate would go up from $7.00 to $7.80.
Mayor Anderson asked for public comment. There was no public comment.
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Councilmember Dunlap moved to adopt Ordinance No. 05-3451 upon first reading. The
motion was duly seconded by Councilmember Pena and carried by unanimous vote.
Greg Ingham, City Manager presented for consideration on first reading Ordinance No.
05-3452, 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. The refuse collection fees would increase by 2% with residential
garbage rates increasing from $14.95 to $15.25.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Tipton moved to approve upon first reading Ordinance No. 05-3452.
The motion was duly seconded by Councilmember Nash and carried by unanimous
vote.
Greg Ingham, City Manager presented for consideration upon first reading Ordinance
No. 05-3453, an Ordinance of the City of Plainview, amending Chapter 25 Article II
entitled "Rates and Charges" of the Code of the City of Plainview, Texas;
cumulativeness clause; conflicts clause; severability clause; and effective date. This
ordinance increases the water rate from $8.25 per month to $9.25 per month. The cost
per 1,000 gallons would ~ncrease from $1.35 to $1.40 and the cost per 1,000 for usage
over 25,000 would increase from $1.50 to $1.55.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to approve upon first reading Ordinance No, 05-3453.
The motion was duly seconded by Councilmember Shanes and carried by unanimous
vote,
Grag Ingham, City Manager presented for consideration on first reading Ordinance No.
05-3458, an Ordinance of the City of Plainview, amending Chapter 25, Article Ill entitled
"Water, Sewer Extensions" of the Code of the City of Plainview, Texas;
cumulativeness clause; conflicts clause; severability clause; and effective date. This is
for water tap fees.
a) The actual cost for a %" tap is $285.36 for parts and $498.70 for
parts and labor. The current rate is $200.00 and the proposed rate is
$3OO.OO.
b) The actual cost for a 1" tap is $337.74 for parts and $551.08 for
parts and labor. The current rate is $270.00 and the proposed rate is
$38O.O0.
c) The
parts and
$675.00,
actual cost for a 1 ~" tap is $629.06 for parts and $842.40 for
labor. The current rate is $470.00 and the proposed rate is
d) The actual cost for a 2" tape is $772.16 for parts and $985.50 for
parts and labor. The current rate is $660,00 and the proposed rate is
$795.00.
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The rates would be phased in over a three-year period to be in line with the City's cost.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Bertsch moved to approve upon first reading Ordinance No. 05-3458.
The motion was duly seconded by Councilmember Pena and carried by unanimous
vote.
Brice Clements, Engineer presented for consideration the Final Plat of Castillo
Subdivision of Tract 10, out of the East part of Section 20, Block JK-2, Plainview, Hale
County, Texas. He stated this is the request of Ramiro & Adela Castillo. The property
is located in the ETJ outside the city limits. The property is south of SW Third and West
of Westridge Road. Two corrections were requested at the time it was filed as a
preliminary plat and such corrections have been made. They have paid their
submission fees, recording costs and submitted tax certificates. City staff and the
Planning & Zoning Commission recommend approval.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Pena moved to approve the Final Plat of Castillo Subdivision. The
motion was duly seconded by Councilmember Tipton and carried by unanimous vote.
Brice Clements, Engineer presented for consideration the Final Plat of Brunson
Subdivision of Blocks 12 and 13 of the J. F. Graves Longacres Subdivision, Plainview,
Hale County, Texas. The applicant is Ron Brunson. The property is located in the ETJ
East of Columbia Street and South of Smith Street in Seth Ward. There were no
correction requested be made to the Preliminary Plat. They have paid ~heir
submissions fees and presented tax certificates. City staff recommends approval.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Tipton moved to approve the Final Plat of the Brunson Subdivision.
The motion was duly seconded by Councilmember Shanes and carried by unanimous
vote.
Mayor Anderson presented for consideration upon first reading Ordinance No. 05-3454,
an Ordinance amending the Zoning Map of the City of Plainview, Texas for closing of
Elm Street between 10th and 11th Street, lying between Lots 7-16, inclusive, Block 4
Lots 17-26 inclusive, Block 5, Railroad Addition to the City of Plainview, Hale Countyi
Texas cumulativeness clause; conflict clause; severability clause; and effective date.
Mayor Anderson announced he would recuse himself since his daughter and son-in-law
are part owners.
Brice Clements, Engineer stated this is the request of Ray Lee dba BRL Properties. Mr:
Lee owns land on either side of the property. The street is a dead-end street with little
or no use to the public. They have notified the utility companies and schools and they
expressed no problem with closure of the street. They have also notified the adjacent
property owners within 200 feet with no responses having been received. He stated the
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closing of Elm Street serves a public purpose in that the City will no longer have to
maintain this street if it's closed. The approval would be contingent upon the City
having access to the water line,
Mayor Anderson asked for public comment. Ray Lee of 910 N. Date stated they are
asking for closure for convenience and they would not have to drive the forklifts on 10th
Street. They would put in a double gate to allow the City access should they need
access. AlSo it would require dead end arrows. He stated they would be glad to
reimburse the City for normal charges.
There was no other public comment.
Councilmember Dunlap moved to approve Ordinance No. 05-3454 upon first reading.
The motion was duly seconded by Councilmember Bertsch and motion carried with a
vote of six "for" and Mayor Anderson abstaining.
John Castro, Director of Community Services presented for conside~ration upon first
reading Ordinance No.05-3455, an Ordinance amending the zoning map of the City of
Plainview, Texas for rezoning Lots 1-8; Block 84, Highland Addition from a light
manufacturing (M-l) zoning district to a commercial general business (C-3) zoning district,
same being 1505 N Columbia Street, City of Plainview, Hale County, Texas,
cumulativeness clause; conflicts clause; severability clause; and effective date. This is the
request of Samuel Cuellar. He is hoping to put in a used car dealership and retail store on
the property. The property is currently zoned light manufacturing. There were no
responses received. Mr. Cuellar has cleaned up the property. The Planning & Zoning
Commission has looked at it and recommends approval. City staff feels the property is
more conducive to a C3 designation. They would be required to install fence on West side
of property.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Shanes moved to approve Ordinance No. 05-3455 upon first reading.
The motion was duly seconded bY Councilmember Tipton and carried by unanimous vote.
John Castro, Director of Community Services presented for consideration upon first
reading, Ordinance No. 05-3456, an Ordinance amending the zoning map of the City of
Plainview by issuance of a specific use permit to operate a household care facility in
a single family residential (R-l) zoning district; same being 2000 W. 18th Street City of
Plainview, Hale County, Texas; cumulativeness clause; conflicts clause; severability
clause; and effective date. This is the request of Pat Jackson to take care of elderly in
this home. She does not own the property so it will only be eligible as a household care
facility. A household care facility allows nine individuals in the home. Three responses
were received in favor. A question was raised at the worksession on the number of
individuals allowed in the home. Mr. Castro stated he looked up the space
requirements and each bedroom is required to have 70 square feet per occupant. He
stated staff recommends limiting total number of patients to four with the third bedroom
to be used by the caretaker. The Planning & Zoning Commission recommends
approval.
Mayor Anderson asked for public comment. There was no public comment.
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Councilmember Shanes asked Ms. Pat Jackson who lives at 1506 Portland how many
people did she plan on having? She stated three individuals.
Councilmember Bertsch asked how the bedroom situation would work? Ms. Jackson
stated since she is allowed to keep a total of four, she will probably keep two in each
bedroom for a total of four. She will be the primary caregiver with others helping her.
Councilmember Bertsch moved to approve Ordinance No. 05-3456. The motion was
duly seconded by Councilmember Dunlap and carried by unanimous vote.
Councilmember Shanes moved to amend the original motion to include a statement that
no more than four patients may be kept in the home. The motion was duly seconded by
Councilmember Tipton and carried by unanimous vote.
John Castro, Director of Community Services presented for consideration upon first
reading Ordinance No. 05-3457, an Ordinance amending the zoning map of the City of
Plainview, Texas for rezoning Lot 2, W57.69'-1, First National Plaza Addition from a
commemial retail (C-2) zoning district to a commercial general business (C-3) zoning
district, said tract being in the general vicinity of the 2700 Block of Olton Road, City of
Plainview, Hale County, Texas, cumulativeness clause; conflicts clause; severability
clause; and effective date. He stated this is the request of Keith Bitlington on behalf of
Security National Bank, the owner. They are requesting to rezone to a C3 general
business zoning district. The Planning & Zoning Commission has reviewed and they
reCOmmend approval. Mr. Castro stated a 'privacy fence would be required from 4th to 5th
Street.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Bertsch moved to approve Ordinance No. 05-3457 upon first reading.
The motion was duly seconded by Councilmember Nash and carried by unanimous vote.
Greg Ingham, City Manager presented for consideration Resolution R05-149, a Resolution
of the City Council of the City of Plainview, Texas changing the name of the Main Street
Coordinating Board to the Main Street Program/Tourism Coordinating Board and
amending its By-Laws. This Resolution add Tourism to the name of the Board and
amends the By-Laws to include the CVB function.
Mayor Anderson asked for public COmment. There was no public comment.
Councilmember Shanes moved to approve Resolution R05-149. The motion was duly
seconded by Councilmember Pena and carded by unanimous vote.
Mayor Anderson moved to adjourn the meeting. The motion was duly seconded by
Councilmember Nash and carried by unanimous vote.
Th~'e being no further, business, Mayor Anderson adjourned the meeting at 8:42 p.m.
Belinda Hinojosa
City Secretary
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