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The Plainview City Council met on October 11, 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 2:30 p.m. on October 7, 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 Berry-Director of Public
Works, Leslie Pearce-City Attorney, Dale Simpson-Director of Civil Service, Gary Glass-
Fire Chief, Will Mull-Police Chief, Bdce Clements-Engineer and Belinda Hinojosa-City
Secretary.
Guests present were: Richard O. Miller, Peggy McKelvy, Brenda Hearn, Howard Ell,
Jr., Jimmie Collins, Rudd F. Owen, Paul Reynozo, Glen Dwyer, Fred Herring, Emma
Herring, Sheron Collins, and Angelia Miller
Rev. Don Robertson with College Heights Baptist Church delivered the invocation.
Eli Puckett and Evan Puckett of Boy Scout Troop 223 led in the Pledge of
Allegiance.
Mayor Anderson presented items on the consent calendar. There was no public
comment. Councilmember Shanes 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 27,
2005 and October 6, 2005. The Council approved the nomination of Buddy McGehee
to the Hale County Appraisal District Board.
Brice Clements, Engineer presented information on Preliminary Plat of Carver
Heights Addition, Unit No. 3, Plainview, Hale County, Texas. He stated this
property consists of four lots. The owner has requested to delete lots 3 and 4 from the
final plat. The final plat will consist of Lots 1 and 2 only. The plat has been presented
to the Planning and Zoning Commission and they recommend approval based on the
following corrections:
1)
2
3
4
5
6
7
8
9
Include submittal date
Provide legal description
Show scale
Show North arrow
Provide names and property lines of all adjoining property owners
Show required building setback
Show 20 foot alley width
Provide guarantee of payment for developing Sam Hearn Street along east end
of property from end of existing street to proper~y corner
Submit engineering plans for curb along Bullock Street, alley grading and sewer
in alley and along Sam Hearn Street;
10)Provide letter of Credit for proposed improvements including curb along Bullock
Street and sewer in alley and along Sam Hearn Street
Councilmember Dunlap moved to open the public hearing. The motion was duly
City Council Minutes
October 11, 2005
Page 1 of 3
seconded by Councilmember Nash and carried by unanimous vote.
Rudd Owen, attorney representing Happy Union Baptist Church expressed appreciation
to City staff and council for working with them thru this. He said the improvements
would be beneficial to the citizens in that precinct. He requested they remove Lots 3
and 4 and is also requesting the City Council to waive requirement of the alley. They
plan to grant in lieu thereof a 20' easement to the City of Piainview that will replace that
alley. He stated he has discussed with the City Attorney to include a commitment and
obligation on behalf of the Church to dedicate that as an alley as and when property
develops to the West.
Richard Miller, Senior Pastor of 4207 W. 3rd stated he was glad to have cooperation
with group of things that need to be done. This will be a great enhancement to the
community.
Councilmember Tipton moved to close the public hearing. The motion was duly
seconded by Councilmember Trusler and carried by unanimous vote.
The public hearing was closed at 7:17 p.m.
Councilmember Shanes moved to adopt the preliminary plat of Carver Heights Addition
contingent upon attorneys working out the necessary legal ease for waiving the alley
and accepting a utility easement. The motion was duly seconded by Councilmember
Pena and carried by unanimous vote.
Greg Ingham, City Manager presented for consideration Resolution R05-152, a
Resolution by Plainview, Texas Suspending the Proposal By Atmos Energy, West
Texas Division To Implement Interim Grip Rate Adjustments For Gas Utility investment
In 2004; Authorizing Participation With Other Cities Served By Atmos Energy Corp.,
West Texas Division, In A Review And Inquiry Into the Sufficiency of the Filing And the
Basis and Reasonableness of the Proposed Rate Adjustments; Authorizing Intervention
In Administrative and Court Proceedings Involving the Proposed Grip Rate Adjustments;
Designating A Representative of the City to Serve on a Steering Committee; Ratifying
the Selection of the Law Firm Lloyd Gosselink to Represent the City; Requiring
Reimbursement of Reasonable Legal and Consultant Expenses; and Requiring Delivery
of This Resolution to the Company and Legal Counsel. In early September, Atmos
Energy filed a request for a gas reliability infrastructure program surcharge ("GRIP")
with the City of Plainview and other cities in the West Texas Cities, which includes
about 64 cities in all. A group of these cities met to discuss the matter and felt it
important to establish a steering committee to guide the cities through this process. The
committee asked Geoffrey Gay, an attorney out of the Austin area who is a strong utility
based attorney in this type of process to represent the cities.
This resolution explains what we are doing. GRIP was originally intended to allow the
company to recover pipe in the ground type of costs. Mr. Ingham stated that when the
actual filing came in we looked and saw some things we were questioning. It is very
important to look very closely as to what is included in GRIP and make sure we feel like
it is appropriate and sit down and get our questions resolved and possibly avoid a full
blow rate case. Since it is the first time thru, the committee felt it important to bring
someone in that looks at this kind of filing on a regular basis. The steering committee
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City Council Minutes October 1'1, 2005 Page 2 of 3
4:28
recommended that the cities retain Mr. Gosselink. What is included in this resolution is
going to suspend the implementation of the GRIP surcharge for as long as permitted by
law. The law states 45 days, but it also says that if we are currently in negotiations with
Atmos, they can extend the effective date. By wording like this, we don't have to come
back to Council to extend that date if we are currently in negotiations with Atmos. It also
ratifies the steering committee's decision to retain Lloyd Gossetink as our legal counsel
and to retain consultants as needed in this case. It also authorizes the steering
committee to authorize Mr. Gay to intervene in hearings before the railroad commission
in case he believes it's advantageous for us to be involved in the hearing on the
environs (the area outside the cities). It also requires that we be reimbursed for
reasonable expenses.
Mayor Anderson asked for public comment.
Paul Reynozo of Atmos Energy who lives at 2907 Edgemere stated they were here to
ask the City to suspend the rate case. The railroad commission has already suspended
the rate case for 45 days which time period is due to expire on December 16th.
Councilmember Dunlap asked if this suspension has only to do with GRIP and nothing
to do with pass thru on the price gas. Mr. Ingham stated the largest part of your gas bill
is based on price of natural gas and that cost passes thru based on what they have to
pay for natural gas. He stated we are going to be seeing some fairly large increases in
that cost as we move into the winter months.
Councilmember Tipton moved to adopt Resolution R05-152. The motion was duly
seconded by Councilmember Bertsch. The motion carried unanimously.
Mayor Anderson moved to adjourn the meeting. The motion was duly seconded by
Councilmember Tipton and carried by unanimous vote.
There being no further business, Mayor Anderson adjourned the meeting at 7:42 p.m.
Belinda Hinojosa
City Secretary
City Council Minutes
October 11, 2005
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