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The Plainview City Council met on February 28, 2012 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 4:15 p.m. on February 24, 2012. Mayor John C. Anderson
presided. Councilmembers present were: Charles Starnes - District 1, Cathy Waggoner -
District 2, David Garcia - District 3, Wendell Dunlap- District 6 and Roland Nash - District 7.
Councilmembers V. O. Ortega- District 4 and Ron Trusler- District 5 were absent.
Staff members present were: Greg Ingham -City Manager, Jeffrey Snyder- Assistant City
Manager, Leslie Pearce -City Attorney, Mike Gilliland- Director of Public Works, Will Mull -
Police Chief, Rusty Powers -Fire Chief, Eric Turner -Main Street/CVB Coordinator,
Sarianne Beversdorf- Director of Finance, and Belinda Hinojosa -City Secretary.
News Media Present: Jessica Thornton - Plainview Herald
Guests Present: Jerry Wofford, Kelly Garrett, Glen Bickel, Norman Wright and
Louise Wright
Mayor John C. Anderson delivered the invocation.
Mayor Anderson recognized Norman Wright for his service as President on the
Canadian River Municipal Water Authority Board. Present with Mr. Wright were his
spouse, Louise Wright and Glen Bickel, who serves on the board also.
Councilmember Dunlap moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Garcia and carried by unanimous vote. Items approved
on the consent calendar included the approval of the minutes of February 14, 2012 and
February 23, 2012; the granting of excused absences to Councilmembers Trusler and
Ortega and the approval of the financial reports.
Greg Ingham, City Manager presented for consideration Resolution R12 -263, a
Resolution of Support of the City Council of the City of Plainview, Hale County, Texas
Authorizing Submission of a Request to the Texas Department of Housing and
Community Affairs for Participation in the Home Investment Partnerships Program,
Multifamily Development Program. The Texas Department of Housing is in the
processing of receiving applications in the competitive housing program. On January
27 the City was notified that three groups had submitted applications. Under the
current rules, the City could support all three projects. Two groups have withdrawn and
State Street Housing has continued to apply.
Kelly Garrett with State Street Housing in Greenville, Texas stated they have broken
ground in Lubbock for 152 units. They are proposing 80 units plus clubhouse, pool,
exercise room, and fitness center. All units will have microwaves and washer and
dryers in the units. All bedrooms will have carpet. Tenants will have a credit check, a
background check and school attendance check. They will pay full property tax and
should hit the tax rolls at $7 million through $8 million. They will finance the project
through tax credits. Plainview is in Region 1. He stated they have a great chance to
score a perfect score with the city's support.
City Council Minutes
February 28, 2012 Page 1 of 4
He stated he loves Plainview and the proposed site is located north of Wal -Mart. They
will be a great asset to the community and asking for this Resolution of support from the
City.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Waggoner moved to approve Resolution R12 -263. The motion was
duly seconded by Councilmember Nash and carried by unanimous vote.
Mr. Ingham presented for consideration Resolution R12 -264, a Resolution of the City
Council of the City of Plainview, Texas, Creating a Community Revitalization Plan for
Housing for Certain Areas Within the City of Plainview. The Texas Department of
Housing and Community Affairs has made changes to their rules. One change they
have made is that they can gain a point if the project is in a community revitalization
zone. This zone meets this project and would also have covered the other projects that
were submitted.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Starnes moved to approve Resolution R12 -264. The motion was duly
seconded by Councilmember Waggoner and carried by unanimous vote.
Mr. Ingham presented for consideration on second reading Ordinance No. 12 -3570, an
Ordinance of the City of Plainview, Texas, Amending Chapter 25 Article II Entitled
"Rates And Charges" of the Code Of Ordinances of the City Of Plainview, Texas;
Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective Date. He
stated the City is moving to a water conservation rate structure. He presented the rate
structures for the City of Big Spring, Amarillo, Pampa, Levelland, Lamesa and Lubbock.
The City of Plainview proposed rate structure would be as follows:
Based on new slides, the water savings on a twelve month period would be about
2.50 %. It is hoped however that the increase in savings would be more. He also added
that this is one step in an overall plan. City staff will come back with a drought
City Council Minutes
February 28, 2012 Page 2 of 4
83
Water Service
Conservation Step Rate Structure
Range
Single Family
Residential
Commercial/
Residential
Irrigation
Commercial/
Multi - Family/ Public
Entity/ Education
0 - 10,000
$
1.70
$
1.70
$ 1.70
11,000 -
25,000
$
2.00
$
2.00
$ 2.00
26,000 -
50,000
$
2.40
$
2.40
$ 2.05
Over 51,000
$
2.90
$
2.90
$ 2.10
He stated he loves Plainview and the proposed site is located north of Wal -Mart. They
will be a great asset to the community and asking for this Resolution of support from the
City.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Waggoner moved to approve Resolution R12 -263. The motion was
duly seconded by Councilmember Nash and carried by unanimous vote.
Mr. Ingham presented for consideration Resolution R12 -264, a Resolution of the City
Council of the City of Plainview, Texas, Creating a Community Revitalization Plan for
Housing for Certain Areas Within the City of Plainview. The Texas Department of
Housing and Community Affairs has made changes to their rules. One change they
have made is that they can gain a point if the project is in a community revitalization
zone. This zone meets this project and would also have covered the other projects that
were submitted.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Starnes moved to approve Resolution R12 -264. The motion was duly
seconded by Councilmember Waggoner and carried by unanimous vote.
Mr. Ingham presented for consideration on second reading Ordinance No. 12 -3570, an
Ordinance of the City of Plainview, Texas, Amending Chapter 25 Article II Entitled
"Rates And Charges" of the Code Of Ordinances of the City Of Plainview, Texas;
Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective Date. He
stated the City is moving to a water conservation rate structure. He presented the rate
structures for the City of Big Spring, Amarillo, Pampa, Levelland, Lamesa and Lubbock.
The City of Plainview proposed rate structure would be as follows:
Based on new slides, the water savings on a twelve month period would be about
2.50 %. It is hoped however that the increase in savings would be more. He also added
that this is one step in an overall plan. City staff will come back with a drought
City Council Minutes
February 28, 2012 Page 2 of 4
83
8 4 contingency plan to present to Council and the rates could be bumped up even more if
our goal is not met.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to adopt Ordinance No. 12 -3570 on second reading. The
motion was duly seconded by Councilmember Duntap and carried by unanimous vote.
Chief William Mull presented the Racial Profiling Report for 2011. Mayor Anderson
asked for public comment. There was no public comment. Councilmember Dunlap
moved to accept the Racial Profiling Report. The motion was duly seconded by
Councilmember Garcia and carried by unanimous vote.
Mr. Ingham presented Resolution R12 -262, a Resolution of the City of Plainview
Suspending the March 13, 2012, Effective Date of Atmos Energy Corp., West Texas
Division ( "Atmos West Texas ") Requested Rate Change to Permit the City Time to
Study the Request and to Establish Reasonable Rates; Approving Cooperation With the
Steering Committee of Cities Served by Atmos West Texas ( "Cities ") to Hire Legal and
Consulting Services and to Negotiate with the Company and Direct any Necessary
Litigation and Appeals; Requiring Reimbursement of Cities' Rate Case Expenses;
Finding that the Meeting at which this Resolution is Passed is Open to the Public as
Required by Law; Requiring Notice of this Resolution to the Company and Cities' Legal
Counsel.
The City of Plainview, along with approximately 66 other cities served by Atmos Energy
Corp., is a member of the Steering Committee of Cities served by Atmos West Texas.
On or about February 7, 2012, Atmos West Texas filed with the City a Statement of
Intent to increase rates within the system that will impact the City. The total is 11.6
million which is a 14.8% increase. In the past, the City had operated under a rate
review mechanism. The Rate Review Mechanism was intended as a three -year
experiment, but was extended for a fourth year. Last year, Cities recognized a rate
disparity between Lubbock, Amarillo, and other West Texas cities, and the Company
has responded with a system -wide rate case that should ultimately move all West Texas
cities toward the same rates. He is asking Council to pass the Resolution, which will
suspend the rate case for 90 days and give staff time to review.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to adopt Resolution R12 -262. The motion was duly
seconded by Councilmember Waggoner and carried by unanimous vote.
Mayor Anderson moved to go into closed meeting to deliberate the purchase,
exchange, lease or value of real property, the public discussion of which would not be in
the best interest of the City's bargaining position with third parties, in accordance with
Tex. Gov't Code, Section 551.072. The motion was duly seconded by Councilmember
Nash and carried by unanimous vote.
Mayor Anderson recessed the meeting at 7:34 p.m.
Mayor Anderson called the meeting back in open session at 7:55 p.m.
City Council Minutes
February 28, 2012 Page 3 of 4
There being no further business, Mayor Anderson adjourned the meeting at 7:56 p.m.
Belinda Hinojosa
City Secretary
City Council Minutes
February 28, 2012 Page 4 of 4
85