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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 35 City Council Minutes September 26, 2006 Page 1 of 6 36 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. City Council Minutes September 26, 2006 Page 2 of 6 37 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. City Council Minutes September 26, 2006 Page 3 of 6 38 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 City Council Minutes September 26, 2006 Page 4 of 6 39 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. City Council Minutes September 26, 2006 Page 5 of 6 40 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 e,~;~~ City Council Minutes September 26, 2006 Page 6 of 6