HomeMy WebLinkAbout05 0927 minThe Plainview City Council met on September 27, 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 4:00 p.m. on September 23, 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, Ron Trusler-District 5,
Wendell Dunlap-District 6 and Roland Nash-District 7.
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 and Belinda Hinojosa-City
Secretary.
Guests present were: Dwain Dodson, Judy Tullis, Winfrey Shipp, James Odom, Jim
Ferrell, Mrs. Robert Tipton, Felipa Castaneda, Jan Reeves, Maria Pinkerton, R. C.
Stevens, Fae Stevens, Samuel Cuellar, Angelina Cuellar, Jay Laird, David Wilder,
Louise Flores, J. W. Hamby, Tasha Ortiz, Angel Sanchez and Shayla Perry
Mayor John C. Anderson delivered the invocation.
Tasha Ortiz, Angel Sanchez and Shayla Perry of Girl Scout Troop 35 led in the
Pledge of Allegiance.
Mayor Anderson presented items on the consent calendar. Mayor Anderson asked for
public comment. Dwain Dodson of 1108 Zephyr asked for clarification on the budget
amendment for $27,000 in account 001-08-6101. Mr. Ingham stated that was a
$27,000 increase in step up pay for the fire department; $9,000 and $8,000 are for
equipment cost overrun repairs in those departments, the $15,000 is the overrun in the
street lighting costs; the $100,145 for a garbage truck that came in this year that should
have come last budget year; $5,000 for diesel fuel and $40,000 for increase in cost of
electricity at the sewer plant. There was no other public comment.
Councilmember Dunlap moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Trusler and carried by unanimous vote. Items approved
on the consent calendar included approval of the minutes of September 20, 2005 and
September 22, 2005. The Council approved upon second 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.
Greg Ingham presented information on the public hearing on 2005-2006 City of
Plainview Budget. The total expenditures for the fiscal year 2005-2006 are
$18,866,000 which includes the General Fund, sanitation fund, utility fund as well as the
special revenue debt service and dedicated improvement funds in that total. The major
operating funds total revenue is $17,304,980 and the expenditures for those funds are
$17,238.335. Items that are being looked at inthe General Fund budget this year are to
strengthen the equipment replacement fund: Major items are being purchased on five
to ten year payouts to build up this fund. This builds a revenue stream into the
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equipment replacement fund to assure revenues are available to replace this equipment
in the future. This has been done for a couple of years, last year we started at around
$100,000 and are now up to $223,000 a year.
Mr. Ingham stated that since we came in under budget and expenditures and revenues
were a little stronger than projected; $250,000 is being used to purchase items such as
a computer assisted dispatch system, upgrading EKG monitor on EMS service, and an
automatic external defibrillator at our library. $100,000 is going into the capital
equipment fund for potential recreational needs such as skate parks, soccer fields and
working with the YMCA to open up some area for baseball practice fields.
Mr. Ingham stated that General Fund revenues are made up of about 37% from
property taxes, nearly $3,000,000 from sales tax, a little over $1,000,000 from franchise
taxes with total revenues at $9,296,265. 54% of General Fund revenues are tied up in
Police and Fire/EMS expenditures.
Items in the General Fund budget this year include replacement of a new fire pumper at
$275,000, police vehicles, motor grader $220,000 and other equipment through
increased payment to the equipment replacement fund at $223,865 for 2005-2006;
energy costs are up 15% in the General Fund; 3% cost of living for city employees;
increased City's contribution to Firefighters Pension Fund to improve its actuarial
soundness; restructuring of positions in General Fund to establish a director of
administrative services; and increase efforts to market Plainview and encourage
economic development.
The proposed tax rate for the City is $0;51490 and should generate an additional
$220,000. He presented information on other cities with Plainview being well below the
average tax rate of $0.6459. The impact on an average homestead valued at $67,773
is an annual increase of $6.78 or a monthly increase of $0.56; On a $100,000 property
that would go up an additional $10.00 per year or $0.83 monthly. Services paid for by
the General Fund are 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.
On the solid waste revenue side $2,600,000 in total revenue with $1,085,000 in refuse
collection, $1,085,000 in landfill/vector and $300,000 in gate fees. In solid waste
expenditures $500,000 in residential collection, $800,000 in landfill disposal, $384,000
in commercial collection and $119,000 in vector spraying and $45,000 for mowing. In
the Solid Waste Management Fund, we are looking at $310~000 for a scraper and
$150,000 for a commercial garbage truck. This year we are looking at a 2% increase in
garbage rates.
In the Water and Sewer Fund revenues, water sales are over $3,000,000 with
$1,875,000 from sewer service fees and $5,397,500 in revenues. The largest
expenditures are water production and non-departmental which covers the Canadian
River Municipal Water Authority expenses. The average water fees for cities in the
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same population range is $23~91 for 5,000 gallons and our fee is $15.00 with a
proposed increase to $16.25. The base rate would increase from $8.25 per 1,000
gallons to $9.25 per 1,000 gallons. Usage per 1,000 gallons over 25,000 is at $1.50
and would increase to $1.55.
Electricity costs in the Wastewater Treatment Plant have gone up an additional
$50,000. This year we are proposing an increase in sewer rates. The average fees for
cities in the same population range are $19.64 for 5,000 gallons and $31.19 for 10,000
gallons. Plainview's rates are $13.50 for 5,000 and $20.00 for 10,000 gallons. The
proposed increase would be $14.30 for 5,000 gallons and $20.80 for 10,000 gallons.
The base rate would go from $7.00 to $7.80.
The System Improvement Funds includes the completion of a new water well and funds
for a study to make sure the City is good for 100 years supply of water. We also have
two lift stations that need improvements. We also want to look at a system for
additional overhead storage capacity.
The Theatre Arts Fund is operating as an enterprise fund and the City is reducing total
expenses in that. We are spending money for maintenance and repairs as well as
somebody to handle the operations. The City will also be handling the CVB function.
In the Street Improvement Fund, there are funds available in the event there is
development adjacent to City property and in the Capital Equipment Fund there are
funds for the hike/bike trail and $105,000 for possible recreational projects.
He stated the City's goal is to continue to find ways to improve levels of service while
looking at changes in our community;
Councilmember Shanes moved to open a public hearing regarding the 2005-2006 City
of Plainview Budget. The motion was duly seconded by Councilmember Trusler and
carried by unanimous vote.
David Wilder of 300 Lometa and 3019 W. 7th asked if the City had looked into the
possibility of leasing some of the equipment instead of purchasing it. He stated that
sales taxes are going down and the City should work on bringing things in. He
commented that the Fair Theatre is less active. He expressed concern over the
continued increase in taxes. He stated he owns real estate and has more vacancies
now than in the past.
J. T. Livesay of 516 Utica stated he owns rental property and rents his houses for $500
per month. He said he has had to drop insurance on his property because he can't
afford insurance and taxes. He said there are a lot of vacant rental properties and
something has to be done about the tax situation.
Dwain Dodson of 1108 Zephyr stated he is still opposed to the assistant manager
position. He also asked what the $6,035 for extra help was: He was advised that it is
for vocational help. On the assistant, he stated the City had one before, but that didn't
work out. He said that Greg can handle it and that everyone is dispensable.
David Wilder added that the assistant city manager is not needed.
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J. T. Livesay said that he agreed 100% with what David Wilder said.
There was no additional public comment. Councilmember Roland Nash moved to close
the public hearing. The motion was duly seconded by Councilmember Dunlap and
carried by unanimous vote. The public hearing was closed at 7:45 p.m.
Mayor Anderson told the audience as Mayor that he is proud to live in Plainview, Texas.
He stated he only wants what is best for our community and he thinks that Plainview
has a tremendous future. The Council wants to be visionary enough so that 25 years or
50 years from now the decisions that they have made are such that Plainview is a
striving community. The easiest thing the Council could do would be to not raise taxes
or to not raise the fees and live off reserve funds and give some taxes back, but
somebody would have to deal with that later. He stated sometimes tough decisions
have to be made and other decisions would be more popular and it wouldbe easier for
us, but we're going to try to do what is best for the community, today, tomorrow and the
next day.
Mayor Anderson moved to approve Ordinance 05-3450, an Ordinance adopting and
approving the Budget for the fiscal year beginning October 1, 2005 and terminating
September 30; 2006.and making such appropriations for each department, project and
account. The motion was duly seconded by Councilmember Bertsch.
Councilmember Bertsch stated that he gets a lot of calls just as everyone on the
Council, but I think that for the city services that we receive here in the City of Plainview
such as the streets~ the sewer the water the police the fire and the ambulance; we are
paying less than for cable TV and I think that we are getting a great value for the City of
Plainview taxes. He stated that you cannot expect the City Manager to continue to work
80 to 90 hours per week: It is a huge job with him being involved on a state level,
regional level and district level
Councilmember Tipton stated he would like to go on record saying that only thing you
got to do to look at the future is to look at the past and I believe that if you go and look
at the General Fund 66% spent is on personnel cost. He stated that he is a private
citizen, he raised his dad's taxes, his next door neighbor's taxes, his kid's taxes and his
own and he doesn,t feel good about doing it and didn't take it lightly. He stated on the
assistant city manager position, there are a lot of people that will be leaving soon; this
position will try to start evaluating where we are at and see whom we've got and whom
we can train.
Councilmember Pena thanked the City Manager, the department heads, for the work
that they have done. She stated that it is a tremendous amount of work to get the
information to the Council so that we can look at it and try to make a decision that is
good for everyone in the City. She states she feels we need to keep up on our
computer age and is in favor of the skate parks for the young people. She stated on the
director of administrative services position that our manager knows the difficulties we
had before and I'm sure that he is prepared to meet this Challenge.
Mayor Anderson asked for the vote on the motion to approve Ordinance No. 05-3450. '~:
Mayor Anderson, Councilmembers Tipton, Pena, Bertsch, Trusler, Dunlap and Nash
voted "for" the motion. Councilmember Shanes voted "against" the motion. The motion
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carried.
Mayor Anderson presented for consideration Ordinance No. 05-3449, an Ordinance
levying municipal ad valorem taxes for the City of Plainview, Texas, for the year
2005, and directing the assessment and collection thereof; severability clause;
cumulativeness clause; conflicts clause; and effective date.
Mayor Anderson asked for public comment. J. T. Livesay expressed opposition to the
tax increase. There was no other public comment.
Mayor Anderson moved that property taxes be increased by the adoption of a tax rate of
$0.5149 per 100 valuation. The motion was duly seconded by Councilmember
Bertsch. Belinda Hinojosa, City Secretary proceeded to take a record vote.
Councilmember Tipton For
Councilmember Shanes Against
Councilmember Pena For
Councdmember Bertsch For
Councilmember Trusler For
Councilmember Dunlap For
Councilmember Nash For
Mayor Anderson For
The motion carried with a vote of seven "for" and one "against.
Mayor Anderson presented for consideration upon second reading, Ordinance No. 05-
3451, an Ordinance of the City of Plainview, 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. Since this was the second of
two readings, the Council chose to forego the staff comment and went straight to public
comment. There was no public comment. Councilmember Dunlap moved to approve
Ordinance No. 05-3451 upon second reading. The motion was duly seconded by
Councilmember Trusler and carried by unanimous vote.
Mayor Anderson presented for consideration upon second 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. Since this was the second of two readings, the Council chose to
forego the staff comment and went straight to public comment. There was no public
comment. Councilmember Pena moved to approve Ordinance No. 05-3452 upon
second reading. The motion was duly seconded by Councilmember Tipton and carded
by unanimous vote.
Mayor Anderson presented for consideration upon second reading Ordinance No. 05-
34~3, 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. Since this was the
second of two readings, the Council chose to forego the staff comment and went
straight to public comment. There was no public comment. Councilmember Trusler
moved to approve Ordinance No. 05-3453 upon second reading. The motion was duly
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seconded by Councilmember Nash and carried bY unanimous vote.
Mayor Anderson presented for consideration upon second reading Ordinance No. 05-
3458, an Ordinance of the City of Plainview, amending Chapter 25, Article III entitled
"Water, Sewer Extensions" of the Code of the City of Plainview, Texas;
cumulativeness clause; conflicts clause; severability clause; and effective date. Since
this was the second of two readings, the Council chose to forego the staff comment and
went straight to public comment. There was no public comment. Councilmember
Bertsch moved to approve Ordinance No. 05-3458 upon second reading. The motion
was duly seconded by Councilmember Tipton and carried by unanimous vote.
Mayor Anderson presented for consideration upon second 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, nclusive,
Block 4 Lots 17-26 inclusive, Block 5, Railroad Addition to the City of Plainview, Hale
County, Texas cumulativeness clause; conflict clause; severability clause; and effective
date. Since this was the second of two readings, the Council chose to forego the staff
comment and went straight to public comment. There was no public comment. Mayor
Anderson recused himself since his daughter and son-in-law are part owners of the
property. Councilmember Shanes moved to approve Ordinance No. 05-3454 upon
second reading. The motion was duly seconded by Councilmember Pena.
Councilmembers Tipton, Shanes, Pena, Bertsch, Trusler, Dunlap and Nash voted "for"
the motion. Mayor Anderson abstained from voting. The motion carried.
Mayor Anderson presented for consideration upon second 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. Since this was the second of
two readings, the Council chose to forego the staff comment and went straight to public
comment. There was no public comment. Councilmember Tipton moved to approve
Ordinance No. 05-3455 upon second reading. The motion was duly seconded by
Councilmember Dunlap and carried by unanimous vote.
Mayor Anderson presented for consideration upon second 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:
Since this was the second of two readings, the Council chose to forego the staff
comment and went straight to public comment. There was no public comment.
Councilmember Trusler moved to approve Ordinance No. 05-3456 upon second
reading. The motion was duly seconded by Councilmember Pena and carried by
unanimous vote.
Mayor Anderson presented for consideration upon second 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 commercial retail (C-2)
zoning district to a commercial general business (C-3) zoning district, said tract being in
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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.
Since this was the second of two readings, the Council chose to forego the staff
comment and went straight to public comment. There was no public comment.
Councilmember Tipton moved to approve Ordinance No. 05-3457 upon second reading:
The motion was duly seconded by Councilmember Bertsch and carried by unanimous
vote.
Greg Ingham, City Manager presented for consideration and action the Agreement with
the Chamber of Commerce. He said it is important to a community to have a strong
chamber of commeme, which assists our community in developing our businesses and
which basically encourage and improve the quality of life and economic growth in our City.
This is basically an administrative services agreement and it will make the chamber staff
and informational resources available to the City in manners concerning business growth
and development especially in areas of referral, special events, tourism, business
education workshops as well as promotion of community assets facilities and programs.
This administrative services contract is for $27,500.
There was no public comment. Councilmember Shanes moved to take the necessary
action to sign the agreement with the Chamber of Commerce. The motion was duly
seconded by Councilmember Trusler. Mayor Anderson, Councilmembers Shanes, Pena,
Bertsch, Trusler, Dunlap and Nash voted "for" the motion. Councilmember Tipton voted
"against" the motion. The motion carried.
Jack Keller, Budget Manager presented for consideration Resolution R05-150, a
Resolution of the City of Plainview adopting an Investment Policy. The Public Funds
Investment Act of the Texas Government Code requires the City to adopt an annual
investment policy.
There was no public comment.
Councilmember Dunlap moved to adopt Resolution R05-150. The motion was duly
seconded by Councilmember Tipton and carried by unanimous vote.
Chief William Mull presented for consideration and to take necessary action regarding
Memorandum of Understanding with the Texas Department of Public Safety about
the usage of State frequencies. He stated basically this Memorandum of Understanding
will be so the City of Plainview emergency operation officials and other members of the
City will be able to communicate state-wide with other agencies by using the five channels
set aside by the Department of Public Safety. This will tie in the City's Emergency Plan
with the state and federal plan.
There was no public comment.
Councilmember Shanes moved to adopt the Memorandum of Understanding with the
Texas Department of Public Safety. The motion was duly seconded by Councilmember
Tipton and carried by unanimous vote.
Brice Clements, Engineer presented for consideration and to take necessary action
regarding Memorandum of Understanding for Intelligent Transportation Systems
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Architecture and Deployment Plan. This is a project that has been implemented by the
Federal Highway Administration. The systems will be implemented over a twenty-year
period. Some of the things ITS will do are: network surveillance; surface street control;
traffic information dissemination; incident management system; speed monitoring;
emergency response; emergency routing; road weather data collection and distribution;
roadway automated treatment and traveler's information. He said by signing the
Memorandum of Understanding Plainview will be eligible for federal funding for ITS
systems for the next 20 years.
There was no public comment.
Councilmember Bertsch moved to adopt the Memorandum of Understanding for Intelligent
Transportation Systems Architecture and Deployment Plant. The motion was duly second
by Councilmember Tipton and carried by unanimous vote.
Greg Ingham, City Manager presented for consideration accepting Dedication Deed from
Downtown Association, Inc. on all of Lot 22, Block 4, Central Park Addition to the Town of
Plainview, Hale County, Texas and all improvements located thereon. He stated the
Downtown Association acquired this property and a downtown building. This property has
no public access and is used by the City to set dumpsters. The Downtown Association
has asked the City to accept the property.
There was no public comment.
Councilmember Shanes moved to accept the Property. The motion was duly seconded by
Councilmember Trusler. Mayor Anderson, Councilmembers Tipton, Shanes, Pena,
Trusler, Dunlap and Nash voted "for" the motion. Councilmember Bertsch voted "against"
the motion. The motion carried.
Mayor Anderson presented Resolution R05-151, a Resolution Regarding Mayor's
Emergency Disaster Declaration. Mayor Anderson stated that as Mayor, he signed a
Proclamation declaring that the City of Plainview was in a state of disaster on
September 22, 2005. This declaration was the direct result of Hurricane Rita, and a
request that the City be prepared to house, feed, clothe, and provide other emergency
items to care for persons taking immediate refuge from the storm. After being
contacted and informed that the conditions necessitating the Proclamation of a local
state of disaster had ceased to exist, this resolution regarding the emergency disaster
declaration is being presented before the governing body of the City of Plainview to
terminate the state of disasterdeclared September 22, 2005.
There was no public comment.
Mayor Anderson moved to adopt Resolution R05-151. The motion.was duly seconded
by Councilmember Nash and carried by unanimous vote.
Mayor Anderson moved to adjourn the meeting. The motion was duly seconded by
Councilmember Tipton and carried by unanimous vote,
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There being no further business, Mayor Anderson adjourned the meeting at 8:28 p.m.
Belinda Hinojosa
City Secretary
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