HomeMy WebLinkAbout06 0523 minThe Plainview City Council met on May 23, 2006 at 7:00 p.m. ~n the City Council
Chambers of the Plainview City Hall at 901 Broadway. The agenda for this meeting
was posted in City Hall at 4:50 p.m. on May 19, 2006. Mayor John C. Anderson
presided. Councilmembers present were: Kelvin Tipton-District I Cathy Waggoner-
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, Leslie Pearce-City Attorney,
Jqhn Berry-Director of Public Works, John Castro-Director of Community Services, Gary
Gl~ass-Fire Chief, Will Mull-Police Chief, Dale Simpson-Civil Service Director, Shane
Harrell-Personnel Specialist, Del Essary-Sanitation Superintendent, Cindy Williams-
Water Reclamation Superintendent and Belinda Hinojosa-City Secretary.
GUests present: ,Janie Ramirez, Robert Gonzales, Tracie Gonzalez, Joy E~emer,
Ja~irne Rubi, Berenice Rubi, Lynn Davis, Paul Phillips, Robert Waggoner, Jo Ann
Rog,grs, Sheila Rogers, Mark Hardin, Marta Hardin, Florence Salazar, Daisy Law, Alvin
Law, Verna Mae King, Shirley LeFevre, Carol Pena, Perfecto Pena, Start ey D LeFevre,
Jo~sie Walker, Tom King, Jimmy Raymer, Ann Waggoner, Delton Waggoner, Don
DiFkson, James Odom, Joy Kersh, Geneva Kersh, ,J,~ri Strange, Lionel Garcia, Isabel
Rbdriguez, Don Robertson, Glen Roger, Rigo Rey, ,'~hane Harrell, David Howle, Danny
Ar~drews, Neil Dunavant, Scott Snipes, Kaye Tipton and Mary Jane Shanes
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News Media Repres,sntative: Richard Orr-Plainview Daily Herald
Rev, Don Robertson of College Heights Baptist Church delivered the invocation.
C, )uncilmember Roland Nash led in the Pledge of Allegiance.
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]yor Anderson presented a plaque to outgoing Councilmember Mary Jane Shanes in
3reciation for her service as Councilmember from 1998 through 2006.
District Judge Robert Kinkaid, Jr. administered the oath of office to Cathy
aggoner as Councilmember for District 2. He also administered the oath of office
the reelected Councilmembers Kelvin Tipton-District 1, Belinda Pena-District 3
d John N. Bertsch-District 4.
~yor Anderson stated the election for Mayor Pro Tem is done on a rotating basis each
o years based on seniority. He stated Councilmember Tipton and Councilmember
ma are the Councilmembers with the longest tenure and are eligible to serve as
'or Pro Tern. Mayor Anderson asked for nominations. Councilmember Belinda
~na nominated Councilmember Kelvin Tipton. There were no other nominations.
ay,or Anderson asked for the vote. Motion carried unanimously: Mr. Tipton was
ministered the oath of office as Mayor Pro Tem.
Greg Ingham, City Manager presented with Del Essary, Sanitation Superintendent and
Pres~ident of the Public Works Association with a Proclamation proclaiming the week of
M~y 21st as National Public Works Week.
Cquncilmember Dunlap moved to adopt the consent calendar. The motion was duly
seCOnded by Councilmember Tipton and carried by unanimous vote. Items approved
City Council Minutes May 23, 2006 Page 1 of 8
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on the consenl calendar included approval of the minutes of May 9, 2006 and May 18,
2006; the granting of an excused absence to Councilmember Ron Trusler; the
financial reports; the Agreement with Arvizu Financial Services for Bank
Depository Contract Advisory Services; and a Resolution Approving Citizen
Complaint Procedures and Citizen Participation Plan for Texas Community
Development Program.
Mayor Anderson moved to go into closed session for consultation with attorney
regarding pending or contemplated litigation, specifically regarding the Cox
Communications transfer to Cebridge Connections and Specific Use Permit
Application authorized by the Tex. Govt. Code Ann., Section 551.071 (Vernon's 1994).
The motion was duly seconded by Councilmember Pena and carried by unanimous
vote. Mayor Anderson recessed the meeting at 7:25 p.m.
Mayor Anderson called the meeting back in open session at 8:00 p.m.
John Castro, Director of Community Services presented for consideration upon first
reading, Ordinance No. 06-3463, an Ordinance Amending the Zoning Map of the City of
Plainview, by Issuance of a Specific Use Permit to Operate an Arcade in a General
Commercial (C-3) Zoning District, Said Parcel Being Lots 16-19 And The West 163.5 Feet
Of Lot 20, Perdue Addition, City Of Plainview, Hale County~Texas Same Being 801-803
South Columbia Street. He stated this is the request of Janie Ramirez to open an arcade
at 801-803 South Columbia. Anyone within 200 feet was notified. There are 36 parking
spaces available. He stated the property is 300 feet from the nearest residential boundary
line. Three responses were received with 1 being for and 2 against. They expressed
concern with no~se and traffic and carousing in area. The Planning and Zoning
Commission looked at this with a vote of three for and three against. Due to a tie vote the
motion to approve failed.
Mayor Anderson asked for public comment.
Mark Hardin of 806 S. Austin stated the map is different than what they were furnished~
The City ordinance states distances shall be determined by a measurement to be made
in a straight line from the front door of the premises to be permitted to the nearest
property line. He stated the property measures 225 feet to alley plus the 45 feet width
of the alley. He stated the City's measurement is not correct. Mr. Hardin said he took
petitions in the neighborhood and overall the majority was against the business coming
into the neighborhood. He stated the neighborhood was in agreement that they should
locate to another area, if such passes there would be noise in area, dogs barking and
requested the Council reconsider based on the incorrect measurement.
Jimmy Raymer of 2807 W. 19th Street stated he plays every night and they don't hurt
anybody. He doesn't drink or smoke, this is used only as enjoyment. In all the times he
has attended other local establishments, he has never seen anyone drinking or fighting
orcursing. He said this game is similar to the playstations kids play.
Florence Salazar owner of the building said that she didn't see a problem with the
arcade coming in. He said she has been approached by several others wanting to rent
building which she has turned down. She said she did not see a problem with this
establishment.
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May 23, 2006 Page 2 of 8
James edom of 3509 Kirchwood expressed concern over the parking at his hotel He
stated that alcoholic anonymous meets two times a week and takes over the parking in
the area. With this additional traffic the parking would be even more congested and
there would be noise since they stay open until midnight.
Heriberto Lopez of 3011 Cottonwood stated he did not see anything wrong. He is 23
ygars old and he would not want to be there. He said kids, teens and young adults do
net bang out at these types of establishments, they hang out elsewhere. He asked the
COuncil to give them a chance to help out the economy.
Janie Ramirez stated what she had to present was nothing professional and from the
heart. She presented a response to the following points:
1) Parking - no issue or worry - has parking in gated area. Presented pictures of
Monday night's AA meeting and there were only five cars.
2) Drugs and alcohol - not a problem since they are illegal and she wants to do
what's right.
3) Loud no~se - has stepped out one foot away and cannot hear any noise,
4) Accidents at intersection - no one can predict accidents
5) Game rooms is 8 liners - there are two or three in Plainview area - see no
problem - these are frequented by older and middle-aged - she provides
refreshments and snacks.
St~e stated she did not know if this was a racism or favoritism th ng She sees no reason
why anyone would hear a lot of noise. There is a tru,~k parking area 49 feet from her lot,
223 feet from residential property. She thanked the (,,ouncil.
Cynthia Williams of 110 SW 10th said she signed the petition and signed it based on
ignorance. She said if granted she did not see why a corn promise could not be made.
S~e said she hated to live in a neighborhood with prejudice and favoritism.
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Tom Hardin stated he did not appreciate being attacked as a racist. He is not a racist
just trying to protect neighborhood and way of life.
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T~m King of 904 S. Austin presented slides of the distance of neighbor's properties from
the proposed arcade property. He stated it was not ;~ race ~ssue; they came together as
a ~eighborhood and that hardly any of the residents want the arcade.
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Mayor Anderson stated the Council had heard both sides of the issue. He closed the
plblic comment.
Mayor Anderson reminded everyone that all decisions are not easy; the Council wants
to do what is right for Plainview. The perception in the neighborhood is that it would be
offensive to citizens of the neighborhood. He moved to upholc~ the decision of the
Planning and Zoning Commission and deny this request for a specific use permit with
thins in effect for a period of one year. The motion was duly seconde~ by
Councilmember Tipton and carried by unanimous vote.
Leslie Pearce, City Attorney presented for consideration upon first reading, Ordinance
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CilI Council Minutes
May 23, 2006 Page 3 of 6
498
No. 06-3464, an Ordinance Amending ,the Cable Television Franchise Agreement
(Ordinance No. 99-3205) With the City of Plainview, Hale County, Texas;
Cumulativeness Clause; Conflict Clause; Severability Clause: and Effective Date. This
~s an amendment to the cable franchise agreement regarding the transfer from Cox
Communications to Cebridge.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Bertsch moved to approved Ordinance No. 06-3464 u pon first reading.
The motion was duly seconded by Councilmember Dunlap and carried by unanimous
vote.
Greg Ingham, City Manager presented for consideration and to lake necessary action
regarding the Cooperative Outdoor Recreation Project with YMCA. He stated last
year it came to the City's attention that due to limited open green space, the YMCA was
using the outfields on the softball fields for their youth soccer and flag football problems.
This was creating some conflicts with their use for softball and was putting wear and
tear on the outfields. Based on this we entered into discussions with the YMCA about
the possibility of a joint project to reprove the fields south of the YMCA that had fallen
into disrepair over the years. City staff ran some projections on the project and the
YMCA worked with Texas Tach to develop a master plan for development of the area
which came up with a total cost of $492,650 which far exceeded the funds the City had
considered. The YMCA was able to get the costs down to approximately $200,000 over
five year period.
The City one year ago moved $105,000 into the capital improvement fund with $25,000
earmarked for this project. He introduced Don Dickson to give an overall view of the
project.
Don Dickson of 1005 W. 11th Street stated 2005 was the best year n history for the
YMCA; they paid their debt completely, set up a maintenance reserve account; set up
an endowment account; set up a capital reserve account and established a five year
strategic plan addressing membership, finance, programming and communications. He
stated membership has increased; they have hired new staff and have new weight room
equipment. The proposed project would entail new turffalo field with sprinkler system
and fence, more parking, s~gnage and landscaping in front, bus parking, walking track,
lighting for field and storage building for equipment. The work would be completed in
phases.
Phase I of the project would entail addition to the parking lot; rework and re-sod playing
[ield; install walkway from entrance to playing field; and a storage shed for equipment.
The costs for Phase 1 would be level fields - $1,500; sprinkler system - $13,343; grass -
$27,631; fence - $13,807; contractor fee - $5,000 and miscellaneous rental - $5,000 for
a total of $66,281.
Phase 2 of the project would provide a walking track around playing field; lighting for
playing fields, signage along road, trees around site, patio near entrance and fence
around playing fields. The costs for Phase 2 would be parking expansion - $58,992;
storage building - $3,000; and walking path - $5,000 for a total of $66,992.
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May 23, 2006 Page 4 of 8
Phase 3 would include signage - $10,705; landscapin§ - $2,000; and ~ghts - $15,000 for
a tolal of $27,705 and Phase 4 would be backstops for $4,000.
The total costs for all phases would be $164,978.
$50,000 from the City to maintain sports programs.
He stated the YMCA is requesting
There was no other public comment.
Greg Ingham explained the City would have an agreement or contract with the YMCA to
oversee the outdoor recreation activities for youth of our City on these expanded
facilities. This would be a one time payment.
Ceuncilmember Pena moved to approve the Cooperative Outdoor Recreation Project
with [he YMCA gran, ting a one time payment of $50,000 to help construct the softball,
sqccer, flag football fields used by the youth of our City. The motion was duly seconded
b~Councilmember Dunlap.
Ceuncilmember Berl:sch congratulated the YMCA for what they've done. He asked for
as~surance from them that they would be leaders in educating individuals to pick up after
themselves. Don Dickson stated they would police the facilities.
Mayor Anderson asked for a vote on the motion. The motion carried unanimously.
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ice Clements, Engineer presented for consideration upon first reading, Ordinance No.
-3462, an Ordinance Amending the Zoning Map of the City of Plainview, Texas For
osing of a Twenty Foot Alley Located South of and Adjacent to the East 17.5 Feet of
t '17 and all of Lots 18-27, White's Subdivision of Blocks 31 And 42, College Hill Addition
the City of Plainview, Hale County, Texas; Cumulativeness Clause; Conflict Clause;
S~ ~verability Clause; And Effective Date. He stated applicant is CVS Pharmacy, Inc. and
th9 property is located in the 1800 block of West 5~h Street. They are building a new
faCility over the area where the alley is and are requesting to close the alley. They have
provided a dedication deed for the new alley. He stated staff recommends approval as to
ingress and egress
There was no public comment.
Councilmember Tipton moved to approve upon first reading Ordinance No. 06-3462. The
motion was duly seconded by Councilmember Waggoner.
Mayor asked for Council Comment.
Councilmember Bertsch asked who owned the property where the new alley would be
Io~ated. He was advised it was owned by CVS They would also be required to relocate
the water and sewer lines.
C0uncilmember Pena asked if the City would incur any expenses for [his. She was
adyised the City would not incur any expense, all expenses would be paid by applicant
and they have set up an escrow account in the amoun[ of $18,500 to cover such costs.
Mayor asked for a vote on the motion. The motion carried unanimously.
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Greg Ingham, City Manager presented for consideration Resolution R06-163, a
Resolution by the City of Plainview, Texas ("City") Authorizing the City to Review For
Reasonableness and Prudence the Rates, Costs and Expenses of Southwestern Public
Service Company ("SPS"), Including Reconciling Fuel Expenses For The Past Two
Years or More, With Regard to Any SPS Rate Filing Package Filed With the City and
the Public Utility Commission of Texas; Authorizing the Joining With a Coalition of
Cities, Known as The Alliance of Xcel Municipalities ("AXM'), in Order to More
Efficiently and Effectively Carry Out the Foregoing Purposes; Authorizing the Hiring of
Attorneys and Consultants; Authorizing the Intervention by the City at the Public Utility
Commission of Texas; Requiring the Reimbursement of Reasonable Legal and
Consultant Expenses; Determining that the Meeting at which this Resolution was
Passed Complied with the Texas Open Meetings Act; Making Such Other Findings and
Provisions Related to the Subject; and Declaring an Effective Date. SPS/Xcel will be
filing a rate package with over 40,000 pages on May 31, 2006 and is expected to have
over 30 witnesses to support its request. The last general rate case for SPS was in
1991-92. While SPS is expected to file for a relatively moderate rate increase, it is not
the same company it was in 1992 because it has gone through two mergers and is now
a subsidiary of Xcel Energy which is headquartered in Minneapolis, Minnesota. Several
cities in the Xcel/SPS service area have experienced service problems in recent years
that they feel need to be addressed as well as taking a look at how the mergers have
impacted their allocated costs.
In Texas, cities have what is known as original jurisdiction over electric rates. The filing
will be with the Cities and also the Public Utility Commission (PUC) which is Where the
rate case will be appealed to if the cities and SPS/Xcel do not reach an agreement.
In order for the cities to properly evaluate the proposed rate request, it is necessary for
us to retain expert legal counsel and experts such as economists, engineers, and
accountants who have expertise in utility matters. This resolution will authorize the City
of Plainview to join with other municipalities served by SPS/Xcel to form the Alliance of
Xcel Municipalities (AXM). This coalition of Panhandle and South Plains cities will
coordinate the actions of all the municipalities in order to provide for an effective and
efficient review of the SPS rate filing package.
Representatives of 16 cities in the affected area met with Jim Boyle, Attorney (utility
expertise) of Austin in late April and felt it was necessary to create this coalition to
review this matter. We felt that it was important to create the coalition and start
retaining experts even before the rate filing is made so that they will be in a position to
start requesting needed information as soon asthe filing is made, because once the
filing is made we are operating on very specific time tables since this is a full rate filing.
Staff recommends that Council adopt the Resolution joining the coalition, providing for
the investigation and review of SPS!s rates and retaining Jim Boyle and Alfred Herrera
as legal counsel.
There was no public comment.
Councilmember Bertsch moved to approve Resolution R06-163. The motion was duly
seconded by Councilmember Tipton and carried by unanimous vote.
City Council Minutes May 23, 2006 Page 6 of 8
John Castro, Director of Community Services presented for consideration upon first
reading, Ordinance No. 06-3465, an Ordinance Amending Chapter 16, Nuisances,
Article II, Junked Motor Vehicles, of the Code of Ordinances of the City of Plainview,
Hale County, Texas; Cumulativeness Clause; Conflict Clause; Severability Clause; And
Effective Date. He stated the current ordinance is enforceable but what we can do
afterward is not clear. The City Attorney has come up with an ordinance that gives us a
direct on to go. It gives the Board of Adjustment the authority to review such cas .
I~bally, Code Enforcement ~ssues a notice stating you have an inoperable vehicle and
,slchedule it to go before the Board of Adjustment at their next meeting. Notice is given
to the owner. The Board looks at it and determines Whether to declare it a nuisance or
junk vehicle. They then have ten days to removE; it. If they don't remove it, City staff
as the authority to remove it. Once we remove it, it goes directly to a dismantler. If
uts everything in place to address all inoperable vehicles in the City.
here was no public comment.
.ouncilmember Dunlap moved to approve Ordinance No. 06-3465 upon first reading.
he motion was duly seconded by Councilmember Nash.
layorAnderson asked for council comment.
ouncilmember Tipton asked if garages would be issued citations for inoperable
.~hicles. He was advised vehicles would need to be behind a solid fence and cannot
seen by public right of way. Once tagged you have 30 days to remove.
iscussion was had regarding what happens after a car is tagged. Once tagged by
ode Enforcement, the address & VIN are brought back to the office where they are
e ltered into system provided by TxDOT to find out the name of the owner and if there
a'e any liens on the vehicle. Notice is then sent out to the current owner and
lit~nholders that this vehicle is considered a junk vehicle and what date they will be
p aced on the agenda of the Board of Adjustment to determine if in fact it is a junk
w ficle. If the owner and lienholders do not show up at the Board of Adjustment
rr eeting, they automatically waive their rights to the vehicle. If the vehicle is declared a
junk vehicle by the Board of Adjustment, they then have ten days to move the vehicle.
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Jestions were asked regarding what happens if the vehicle is not declared a junk
,hicle. City staff will provide further information to Council at a later date.
C Jncilmember Pena asked if individuals that store cars in their backyards outside of
view, from the public if they would be tagged. She was advised if they can't be seen
fn ~m the public right of way, they are not considered a nuisance.
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scussion was also had regarding car collectors. They aware advised they also would
Ve to vehicles beihind a solid fence. If they were in public view, they would need
trent tags; otherwise they would be declared a junk vehicle.
~Uncilmember Tipton also asked if garages would have to be in compliance. He was
vised that they would also need a solid fence.
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CitI Council Minutes
May 23, 2006
Page 7 of 8
Mayor Anderson asked for a vote on the motion. Mayor Anderson, Councilmembers
Waggoner, Pena, Bertsch, Dunlap and Nash voted "for" the motion. Councilmember
Tipton voted "against" the motion. The motion carried.
There being no further business, ~Mayor Anderson adjourned the meeting at 9:50 p.m.
Belinda Hinojosa
City Secretary
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City Council Minutes
May 23, 2006 Page 8 of 8