HomeMy WebLinkAbout06 0926 minThe Plainview City Council met on September 26, 2006 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 12:15 p.m. on September 26, 2006. Mayor John C. Anderson
presided. Councilmembers present were: Kelvin Tipton-District 1, Cathy Waggoner-
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, Leslie Pearce-City Attorney,
John Castro-Director of Community Services, John Berry-Director of Public Works, Gary
Glass-Fire Chief, Will Mull-Police Chief, Dale Simpson-Civil Service Director, Jack
Keller-Budget Manager and Belinda Hinojosa-City Secretary.
News Media Representative: Richard Orr-Plainview Daily Herald
Guests present: Van Miller, Gerald Bedwell, Steven Ebeling, Aaron Khaleeq, Blake
Silvas, Will Wright, Kylan Riley, Kalen Riley, Zach Turkowski, Melinda Silvas, Barbara
Khaleeq, Cinde Ebeling, Hailey Travis, Megan Fouts and Rachel Naron
Councilmember Cathy Waggoner delivered the invocation.
Councilmember Wendell Dunlap led in the Pledge of Allegiance.
Mayor Anderson recognized the Boy Scout members and the Youth Advisory
Commission members that were in the audience.
Councilmember Trusler moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Dunlap and carried by unanimous vote. Items approved
on the consent calendar included approval of the minutes of September 12, 2006
and September 21, 2006; the appointment of Elizabeth A. Garcia to the Board of
Minimum of Housing with said term to expire on January 1, 2009; and approval of the
financial reports.
Brice Clements, Engineer presented for consideration the Combination Plat of
C. B. Jones Addition, Unit No. 3, Plainview, Hale County, Texas. He stated the
property is located in the general vicinity of the 2000 block of North IH-27. The
property is zoned commercial retail. He stated the alley contains sewer and the
applicant will be required to connect to the sewer at a cost of $11,923.57. He
stated the applicant has provided a dedication deed, plat, $78.00 submission fee,
$51.00 filing fee, cost estimate of road and water line of $35,000, tax certificate,
$35,000 letter of credit for the proposed improvements, connection fee of
$11,923.57, and easement for proposed waterline. The owner will need to
provide the following proposed improvements: extend 6" water line adjacent to
southwestern property line from alley to access road, and asphalt paving and
curb and gutter for continuation of Floydada Street adjacent to southwestern
property line.
This has been reviewed by the Planning and Zoning Commission and they and
City staff recommend approval.
Mr. Clements stated currently the stretch of Floydada road 144 feet long from
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alley to Jefferson Street is currently unpaved and should have been paved when
the neighborhood was developed. The cost to pave such is $13,800 and staff
recommends to the Council that they authorize the City to pave that part of this
street so that the entire road will be paved.
Mayor Anderson asked for public comment.
Van Miller of 642 West Highway 70, Plainview stated he is an elder of the
congregation that meets at 11th and Amarillo and has 350 members. They have
been at that location since 1956 and desire to construct a new church to provide
for additional capacity for the congregation. The plat was submitted by
Northwest Church of Christ with their new name. He stated the Church will be an
asset to the community. He thanked the Council for their time.
There was no additional public comment.
Councilmember Dunlap moved to approve the plat as well as paving the portion
of Floydada Street as recommended by staff. The motion was duly seconded by
Councilmember Truster.
Mayor Anderson asked for Council comment. Mayor Anderson asked what was
the project cost for the construction of the Church. He was advised the cost
would be 1.5 million.
Councilmember Tipton asked what would happen to the 11th & Amarillo location.
Mr. Miller advised the Church would remain there until completion of the
construction project and then they would offer the building for sale.
There being no further Council comment, the Mayor asked for a vote on the
motion. The motion carried unanimously.
Mayor Anderson presented for consideration upon second reading, Ordinance
No. 06-3468, an Ordinance Adopting and Approving the Budget for the Fiscal Year
Beginning October 1, 2006, and Terminating September 30, 2007, and Making Such
Appropriations for Each Department, Project and Account. Severability Clause;
Cumulativeness Clause; Conflicts Clause; Effective Date. Since this was the second of
two readings, the Council chose to forego the staff briefing and went straight to public
comment. There was no public comment.
Councilmember Nash moved to approve upon second reading Ordinance No. 06-3468.
The motion was duly seconded by Councilmember Waggoner and carried by
unanimous vote.
Greg Ingham, City Manager presented for consideration Ordinance No. 06-3469, an
Ordinance Levying Municipal Ad Valorem Taxes for the City of Plainview, Texas, for
the Year 2006, and Directing the Assessment and Collection Thereof; Severability
Clause; Cumulativeness Clause; Conflicts Clause; and Effective Date. He stated the
proposed tax rate of .5349¢ is a .02¢ increase over last year's rate of .5149¢. The rate
is a 3.88% increase over last year's rate.
Mayor Anderson asked for public comment. There was no public comment.
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Mayor Anderson moved that the property taxes be increased by the adoption of a
tax rate of $0.5349 per $100 valuation. The motion was duly seconded by
Councilmember Bertsch.
Belinda Hinojosa, City Secretary proceeded to take a record vote.
Mayor Anderson For
Councilmember Tipton For
Councilmember Waggoner For
Councilmember Pena For
Councilmember Bertsch For
Councilmember Trusler For
Councilmember Dunlap For
Councilmember Nash For
The motion carried unanimously.
Mayor Anderson presented for consideration upon second reading Ordinance No. 06-
3470, 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; Severability Clause; Cumulativeness Clause; Conflicts Clause;
Effective Date. Since this was the second of two readings, the Council chose to forego
the staff briefing and go straight to public comment. There was no public comment.
Councilmember Pena moved to approve upon second reading Ordinance No 06-3470.
The motion was duly seconded by Councilmember Nash and carried by unanimous
vote.
Mayor Anderson presented for consideration upon second reading Ordinance 06-3471,
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 briefing and asked for public
comment. There was no public comment.
Councilmember Trusler moved to approve upon second reading Ordinance No. 06-
3471. The motion was duly seconded by Councilmember Tipton and carried by
unanimous vote.
Mayor Anderson presented for consideration upon second reading Ordinance No. 06-
3472, 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 briefing
and asked for public comment. There was no public comment.
Councilmember Tipton moved to approve upon second reading Ordinance No. 06-3472.
The motion was duly seconded by Councilmember Pena and carried by unanimous
vote.
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Mayor Anderson presented for consideration upon second reading Ordinance No 06-
3473, 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 briefing and asked for
public comment. There was no public comment.
Councilmember Nash moved to approve upon second reading Ordinance No. 06-3473.
The motion was duly seconded by Councilmember Truster and carried by unanimous
vote.
Mayor Anderson presented for consideration upon second reading, Ordinance No. 06-
3474, an Ordinance of the City of Plainview, Texas, Amending the 2005-2006 Budget
to Appropriate Funds. Severability Clause; Cumulativeness Clause; Conflicts Clause;
and Effective Date. Since this was the second of two readings, the Council chose to
forego the staff briefing and asked for public comment. There was no public comment.
Mayor Anderson asked for Council comment. Councilmember Pena stated that even
though we are going through this rather quickly all these items have been discussed
extensively beginning with a budget session.
Councilmember Bertsch moved to approve upon second reading Ordinance No. 06-
3474. The motion was duly seconded by Councilmember Waggoner and carried by
unanimous vote.
Mayor Anderson stated that he echoes what Councilmember Pena stated. Staff has
spent many hours and Council had budget session where they spent many hours
reviewing the budget. He stated yes we are raising taxes and yes we are raising many
fees and we also pay the same fees and taxes as individual citizens. He stated they are
trying to be reasonable in approach and they firmly believe their priority is to be sure to
keep the City fiscally sound and Council accepts this responsibility and tries to exercise
this responsibility with due diligence. He thanked the City Manager and all department
heads and everyone involved in the budget and offered his sincere thanks to them.
Mayor Anderson presented for consideration upon second reading Ordinance No. 06-
3467, an Ordinance denying the rate increase proposed by the Southwestern Public
Service Company; requiring the reimbursement of municipal rate expenses; finding
that the meeting complies with the open meetings act; making other findings and
provisions related to the subject; and declaring an effective date. Since this was the
second of two readings, the Council chose to forego the staff briefing and asked for
public comment. There was no public comment.
Mayor Anderson asked City Manager Greg Ingham to give a brief explanation. Mr.
Ingham stated the City of Plainview is the first contact as far as a regulatory body
regarding the setting of rates for electric and gas companies. The City has a
responsibility to review those rates and try to make sure our citizens are paying for the
services they are getting. We feel it is important for our City to step in and be involved
because there is nobody else that can analyze the rate requests. The City is working
with a group of cities that Xcel Energy serves. We have retained attorneys and expert
consultants to assist us in reviewing the request of Southwestern Public Service. The
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consultants have come back and said we do not agree with the proposed rates that
Southwestern Public Service wants to place and we feel those rates are too high. So
the City of Plainview is going to deny those rates. At the same time other cities in this
region are denying these rates. After this, Southwestern Public Service will appeal to
the Public Utilities Commission. Our experts will discuss this with their experts and the
Public Utility Commission will make a final decision as to what the rate structure will be
as far as what we pay for electricity in our community.
There was no public comment.
Councilmember Tipton moved to approve Ordinance No. 06-3467 upon second reading.
The motion was duly seconded by Councilmember Truster and carried by unanimous
vote.
Jack Keller, Budget Manager presented for consideration Resolution R06-168, a
Resolution of the City of Plainview Adopting an Investment Policy.
Chapter 2256 of the Texas Government Code requires that cities adopt a written
Investment Policy on an annual basis. The policy addresses methods, procedures and
practices to ensure effective and judicious fiscal management of City funds. The
investment objectives are: safety and preservation of principal; liquidity to meet
operating needs, public trust from prudent investments; yield -secondary to safety and
liquidity. The Policy lists authorized investments as: obligations of the United States of
America, its agencies and instrumentalities; certificates of deposit; fully collateralized
direct repurchase agreements; money market mutual funds; and local government
investment pools. Investment Policy also stipulates depository selection criteria;
safekeeping and custodian requirements; acceptable collateral types; and reporting
requirements. He stated the policy is the same as last year.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Dunlap moved to approve Resolution R06-168. The motion was duly
seconded by Councilmember Waggoner and carried by unanimous vote.
John Castro, Director of Community Services presented for consideration authorizing
the Mayor to sign a Memorandum of Understanding between Rural South Plains
Coalition and the City of Plainview. Mr. Castro stated the Rural South Plains Coalition
started as a housing program with representatives from area cities getting together to
share information. Since the onset, it has evolved into more. They have meetings in
Levelland and bring in federal and state agencies to provide information on different
funding operations. They also share program information in different cities. There are
75 members and there are no dues. The only thing that is required is that someone
attend the meetings and that person has to provide information on the services that the
City of Plainview provides and occasionally that person has to serve on some of the ad
hoc committees. We can terminate the agreement with 30 days notice.
There was no public comment.
Councilmember Nash moved to authorize the Mayor to sign the Memorandum of
Understanding. The motion was duly seconded by Councilmember Tipton and carried
by unanimous vote.
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Mr. Castro presented for consideration to authorize the Mayor to sign an agreement to
sub contract with Region 1, Texas Department of State Health Services for continued
funding for the Bio Terrorism Program. This is a grant agreement with Region I,
Texas Department of State Health Services which serves 45 counties in this area of
Texas. What this contract entails is a subcontract with Region I. This is a bio terrorism
contract and the monies support one person who does all our bio terrorism planning.
This amends the original Contract for an additional period from September 1, 2006 to
December 31, 2006 and funding in the amount of $33,454. The previous amount that
they had given us was $66,908. In November or October they will come back with a
second amendment to include through the end of August 2007.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Pena moved to authorize the Mayor to sign an agreement with Region
I, Texas Department of State Health for the Bio Terrorism Program. The motion was
duly seconded by Councilmember Truster and carried by unanimous vote.
Mr. Castro presented for consideration to authorize the Mayor to sign an agreement
with Region 1, Texas Department of State Health Services for continued funding for the
Vaccine for Children Program. This is the vaccine for children program that provides
$44,977 for operating costs and pays for two positions. It is funded from September 1,
2006 to August 31, 2007. The vaccine for children program provides for vaccines that
the health department distributes to local providers to provide immunizations for children
that are not covered under insurance or cannot afford to pay for vaccines. The Health
Department provided 1,258 shots for children during the month of August. There are
487 kids age 4 and under and they provided 4,328 immunizations during this year.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Bertsch moved to authorize the Mayor to sign an agreement with
Region 1, Texas Department of State Health Services for continued funding for the
Vaccine for Children Program. The motion was duly seconded by Councilmember
Tipton and carried by unanimous vote.
There being no further business, Mayor Anderson adjourned the meeting at 7:52 p.m.
Belinda Hinojosa
City Secretary
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