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HomeMy WebLinkAbout06 0627 minThe Plai~ Chamber was posl presided. District 2 and' Role Staff me~ Commun Gary Gla~ Clements Guests p~ Flores, Ji~ Texr Ed~ Stanfield, McDonal( Albert Ch News Me~ Counciln Councilrr Councilm~ seconded approveel and Jun, Trusler; ~ Adjustme Greg Ingh No. 06-34~ Vehicles, Cumulativ stated the least 198 encounter vehicle m~ vehicle ha ten days. the junked in [owing altemativ As work changes proposed review ant ~view City Council met on June 27, 2006 at 7:00 p.m. in the City Council s=of the Plainview City Hall at 901 Broadway The agenda for this meeting .d in City Hall at 11:30'a.m. on Junb"23, 2006. Mayor John C. Anderson Councilmembers present were: Kelvin Tipton-District 1, Cathy Waggoner- Belinda Pena-District 3, John N. Bertsch-District 4, Wendell Dunlap-District 6 ~ Nash-District 7. Councilmembers Ron Trusler-District 5 was absent. bers present were: Greg Ingham-City Manager, John Castro-Director of [y Services. Les e Pearce-City Attorney, ?,.ohn Berry-Director of Public Works ;s-Fire Chief. Will Mu -Po ce Chief. Dale Simpson-Civil Service Director, Brice -Engineer, Tim Salazar-Parks Foreman and Belinda Hinojosa-City Secretary. esent: James Odom, Alvin Eldred, T. C. Collins, Jr., Leroy Flores, Lacie nmie L. Collins, John Collins, Katheryn Collins, Robert W. Logan, Bill Shugart, ards, R. C. Stevens, Lee Adams, Kevin Adams, Dan Stanfield, Donna Johnny McDonald, Arther Harriss, Fred Willis, Frank Walker, David , Dan Schafer, Luis Guerra, Wallace Shackelford, Jay Laird, Jennie Laird, and ~pa lia Representative: Richard Orr-Plainview Daily Herald ember John N. Bertsch delivered the invocation. ember Roland Nash led in the Pledge of Allegiance. ~mber Dunlap moved to adopt the consent calendar. The motion was duly by Councilmember Waggoner and camed by unanimous vote. Items on the consent calendar included approval of the minutes of June 13, 2006 22, 2006; the granting of an excused absence to Councilmember Ron inancial reports; and the appointment of Mark Hardin to the Board of nt with said term to expire January 1, 2008. ~m, City Manager presented for consideration upon second reading Ordinance 15, an Ordinance Amending Chapter 16, Nuisances, Article Il, Junked Motor of the Code of Ordinances of [he City of Plain~iew, Hale County, Texas; .mess Clause; Conflict Clause; Severability Clause; And Effective Date. He City of Plainview has had a Junked Vehicle Ordinance on [he books since at I and it was last amended in 1995. The problem that the City has ;d with this Ordinance is that the process to enforce it in terms of getting a ~ved has become very cumbersome. Under the existing Ordinance, once a s been found to be a Junked Vehicle it must be towed and stored for at least In most cases the cost of towing and storage will not be recovered because vehicle will go unclaimed so the wrecker operators have not been interested and storing the vehicles, and dealing with the title issues. The other is to try to run it through the Municipal Court process. ,as begun in revising the ordinance, it was noticed there had been some ~ state law. During the last few weeks, citizens have commented on the )rdinance. City staff would like the opportunity to allow additional time to staff recommends no action be taken tonight. City Council Minutes June 27,2006 Page 1 of 5 8 Mayor Anderson asked for public comment. Alvin Eldred of Alvin's Automotive stated he had read thru the proposed ordinance. He stated he agrees with the ordinance 80-90%. He stated he has a hard time with the word freedom. If he owns a piece of property he ~s expected to be a good steward of the property and keep it in good condition. When we all get upset, nobody wins. He stated he did appreciate that each would be looked at as its own unit. Norman Dulaney of 311 S. Columbia and owner of Dulaney Auto Parts stated he has been in business for 59 years. He agrees with moving abandoned vehicles out of the residential area. He does not like the idea of telling dealers and salvage dealers to put up a solid fence. Solid fences are backboards for graffiti artists. He stated chain link fences are great; cops can see through them while solid fences hide thieves while doing their work. He agrees there are three or four places in town that need cleaning really bad. Mayor Anderson asked Mr. Dulaney if his main objection is the solid screening. Mr. Dulaney stated he was concerned with the solid fence. He stated not just anyone needs to be exem pt from the ordinance. James Odom of 3509 Kirchwood Drive stated he agrees that the town needs to be cleaned up. He feels garages should be exempted. If this ordinance passes it will close a bunch of little businesses. He introduced Mr. T. C. Collins and stated that the Council would put him out of business. T. C. Collins stated he rents his shop from James Odom The area is not big enough to put a fence around it. He has vehicles parked at his business that have been there for three or four months at the most. Da~,id McDonald of 1401 S. Columbia and owner of McDonald Trading Post stated he owns a lot of old equipment and army trucks. He is against the solid fencing requirement. He is for the junk vehicle ordinance, especially in the residential area. Leroy Flores of 1908 W. 9th stated he works on cars in the residential area and he is concerne~ about the people who save old cars to eventually work on. Tex Edwards of 2602 W. 11th stated everyone has a right to have old cars. He stated that businesses should be exempt. A solid fence will cost several dollars. His main concem is the solid fence requirement and businesses should not be addressed J. Punkin Laird of 1510 W. 10th stated that Mr. Dulaney has received numerous awards for taking care of his property. He is not for junk cars piled around the house. P, obert Edwards of 811 W. 7th Street stated he is opposed to the City extending authority to private homes. The City should be more concerned with drug dealers. Mayor Anderson closed the public comment. He stated based on the recommendation of staff that no action be taken upon the second reading of Ordinance No. 06-3465, by general consent of th6 Council this item is postponed indefinitely and no action is taken. City Council Minutes June 27, 2006 Page 2 of 5 This kills Manager tonight a Ordinanc remains need to ordinan( another when th Mayor Ar 3466, an Rezoning Family (R Being 121 Clause; second commen Counciln reading. unanim6u Greg lng Resolutio~ the ordinance that we have been looking at. Council is instructing City City Attorney and City staff to pursue and address comments expressed ad come back in no more than 90 d~iYs With a new proposed ordinance. -~ 06-3465 is dead per se; there will be a new ordinance. He stated the Council lo less resolved in getting junk cars cleaned up. If you have junk cars, you lake care of these yourself during this time period. There is already an on the books that states individuals can be fined $200 a day. There will be reposed ordinance presented to the Council and everyone will be duly notified comes up. demon presented for consideration upon second reading, Ordinance No. 06- Ordinance Amending the Zoning Map of the City of Plainview, Texas For the North 180.7 Feet of Lot 1, Unit 1, Bryan Addition From a Residential Single -2) Zoning District to a Commercial Retail Business (C-2) Zoning District, Same 18 South Date Street, City of Plainview, Hale County, Texas, Cumulativeness ;onflicts Clause; Severability Clause; And Effective Date. Since this is the two readings, Council will forego the staff presentation and go straight to public There was no public comment. ~mber Ronald Nash moved to approve Ordinance No. 06-3466 upon second The motion was duly seconded by Councilmem~)er Pena and carned by vote. ~am, City Manager presented for consideration Resolution R06-166, a by Plainview, Texas Ordering Atmos Energy, West Texas Division to Show Cause R~&g ardrng the Reasonableness of its Existing Natural Gas Distribution Rates Within th City; Requiring Atmos Energy, West Texas Division to Submit a Rate Package Shall be Ir~ and Cons and Legal together I~ filing bec~ eventUallv Texas c~r about $50 Atmos wiil what the F The Steeri the cities reasonablk this Decau to the Raih Some poIII system ha acquisition Atmos. Tf service er ~ 3ased on a. Rate Year Ending March 31, 2006; Directing That Such Filing lade by September 15, 2006; Requiring Reimbursement of Reasonable Legal Jltant Expenses; and Requiring Delivery of this Resolution to the Company Counsel. He stated the cities in Atmos Energy's West Texas system worked tst year in an effort to deny the GRIP (Gas Reliability Infrastructure Program) use of some of the items Atmos had included in that filing. While Atmos prevailed in that case before the Railroad Commission, the cities saved West sumers about $5 million over a period of 5 months while incurring costs of 000. be filing another GRIP filing in the next few months and s~nce we have seen ',ailroad commission's position on the GRIP filing will be, it limits our options. ~g Committee for West Texas cities served by Atmos has recommended that pass resolutions requiring Atmos to 'Show Cause' Regarding the ~ness of their rates within the City. Each city that plans to participate will do ~e in Texas, cities have original jurisdiction over gas rates with appeals going cad Commission. ~ts that were taken into consideration are (1) Since that time, the Atmos ~ neady doubled in size after the acquisition of the TXU Gas System. That has changed the allocation of costs, the capital structure and cost of debt for e rates currently being charged, therefore, are not based on Atmos' cost of )n its capital structure. As a result, Atmos may be over-earning and receiving City COuncil Minutes June 27, 2006 Page 3 of 5 10 a greater return than was authorized for its current rates. (2) Atmos has made numerous public statements regarding the reduction of its operating expenses and the increased revenues it has been making from its Texas systems. At this point about 20 West Texas cities have passed Show Cause Resolutions and more are scheduling it for their Agendas this month and the first of July. Plainview and the City of Odessa are considering the Resolution tonight and Midland is considering this Resolution in the next few days. While we are moving forward, the West Texas Cities served by Atmos wil have the advantage of watching the Show Cause proceedings that eighty-eight Mid-Tex Region cities nave initiated against Atmos Energy. There are several appeals by Mid-Tex Cities of GRIP rulings and they have filed suit against the Commission's GRIP ruling. The West Texas Cities are positioned to evaluate [he results of pending Mid-Tex matters at the Railroad Commission and in the Courts. The Steering Committee hopes to be able to evaluate how receptive the Railroad Commission staff and examiner have been to the efforts by Mid-Tex Cities before considering a rate reduction ordinance. If the Mid- Tex rate case has not gone well, the West Texas Steering Committee could recommend backing off that course of action. But if the Mid-Tex Cities are successful, the West Texas Cities should be postured to trigger similar rate reduction activity. The passage of the show cause resolutions should increase the cities ability to negotiate more favorably with Atmos when the Company makes it GRIP filing in September. He stated it is the steering committee's recommendation to approve the Resolution. There was no public comment. Councilmember Kelvin Tipton moved to approve Resolution R06-166. The motion was duly seconded by Councilmember Waggoner ant carried by unanimous vote. Brice Clements, Engineer presented for consideration the Award of bids for Drilling Constructing, Developing, and Testing of one Deep water well. He stated this water well would supplement our current water supply. It is located south of Runningwater Draw, between Joliet and Quincy Streets. Two bids were received as follows: (1) L. T. Drilling Co out of Sunray in the amount of $63,058.40; and (2) Hi Plains Drilling, Inc. in the amount of $61,122.25. City staff recommends award of bid to the Iow bidder, High Plains Drilling, Inc. There was no public comment. Mayor Anderson asked why the cost was significantly more than other wells. Mr. Clements stated that TCEQ has stringent requirements for water well built for potable water. Councilmember Tipton moved to award the bid to the Iow bidder, High Plains Drilling, Inc. in the amount of $61,122.25. The motion was duly seconded by Councilmember Dunlap and carried by unanimous vote. City Council Minutes June 27, 2006 Page 4of5 Tim Sal~ Compos~ Parks Ad In the pa parks cot the 12m ~ Creations specificat acceptabl reoomme are curre Givens P Creations Mayor An Councilm~ $18,098.C unanimo The Cou Greg Ing~ Texas Tr~ applied fE Governor, would Ilk, authorizat signed by There wa,, [zar, Parks Foreman presented for consideration the Award of bids for te Play Structures, There is $20,000in~thebudget for park improvements. The Asory Commission recommends the City continue to upgrade the playgrounds. st several months, the Parks Advisory Commission has been working on the )rehensive plan. It is recommending that the proposed play structure be put at Utica Park. The City received four price quotes as follows: (1) Recreation Inc. - $18,098.00 - meets specifications; (2) Miracle Recreation - $18,100.00 - ons acceptable; (3) The Playwell Group $23,236.00 - specifications s; and (4) Kreftsman - $24,998.50 - meets specifications: It is staffs ~dation that the bid be awarded to the lowest bidder, Recreation Creation. There ~tly three play structures at Lloyd C. Woods Park, Broadway Park and Essie ark. The City has not had any problem with the structures and Recreation has been a good company to work with. ~erson asked for public comment. There was no public comment. ;mber Pena moved to award the bid to Recreation Creation in the amount of 0. The motion was duly seconded by Councilmember Tipton and carried ,by vote. :il thanked Mr. Salazar for the work that they do and stated the parks look great. ~am, City Manager presented for consideration supporting Tom Martin for nsportation Commission. Tom Martin, former Mayor Pro-Tern in Lubbock has r a position on the Texas Transportation Commission. If appointed by the Mr. Martin would give West Texas a voice on the Commission. If the Council to support Mr. Martin for this position, we would like to have your on to write a letter of support addressed to Governor Perry that would be the Mayor on behalf of the City Council. no public comment. Councilm(,mber Bertsch stated he highly recommends Mr. Martin and moves to send letter to !~]overnor recommending Mr, Martin's appointment to the Corem ssion. The motion was duly seconded by Councilmember Nash and carried by unanimous vote. There beir Belinda Hi City Secn,= g no further business, Mayor Anderson adjourned the meeting at 8:11 p.m. iojosa [ary 11 City Council Minutes June 27, 2006 Page 5 of 5