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Home My WebLink About12 1211 min166 The Plainview City Council met on December 11, 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 4:10 p.m. on December 7, 2012. Mayor Wendell Dunlap presided. Councilmembers present were: Charles Starnes - District 1, Cathy Waggoner - District 2, David Garcia - District 3, V. O. Ortega- District 4, Shane Martinez- District 5, and Lionel Garcia - District 6. Councilmember Eric Hastey- District 7 was absent. Staff members present were: Greg Ingham -City Manager, Jeffrey Snyder- Assistant City Manager, Leslie Pearce -City Attorney, Mike Gilliland- Director of Public Works, Todd Kennemer- Community Development Manager, Will Mull- Police Chief, Eric Turner -Main Street/CVB Coordinator, Daniel Born - Information Technology Specialist and Belinda Hinojosa -City Secretary. News Media Present: Jessica Thornton - Plainview Herald and Nick Ochsner -KAMC News Guests Present: Emma Rodriguez, Rosa Hernandez, Jorge Sanchez, George Meriwether, Jesus Garrocho, Joel Steed and Brandon Brownlee Councilmember Lionel Garcia delivered the invocation and led in the pledge of allegiance. Councilmember Waggoner moved to adopt the consent calendar. The motion was duly seconded by Councilmember David Garcia and carried by unanimous vote. Items approved on the consent calendar included the approval of the minutes of November 27, 2012 and December 6, 2012. Greg Ingham, City Manager presented information on Public Hearing on request to annex 54.77 acres out of the N.W. part of N.E. 1 /4 Survey No. 37, Block JK -2, Hale County, Texas, which is located at 5205 North Interstate 27. The Zeini Group LLC has asked the City to annex approximately 54.77 acres of their property located at 5205 North Interstate 27. City staff has prepared a preliminary service plan. The Zeini Group LLC owns the property and will be the landlord of their sister company Andalucia Nuts, which is currently in the process of opening a peanut processing division in the facility. Mr. Jesus Garrocho, local representative is present at this meeting. Councilmember Starnes moved to open a public hearing on a request to annex 54.77 acres out of the N.W. part of N.E. 1 4 Survey No. 37, Block JK -2, Hale County, Texas, which is located at 5205 North Interstate 27. The motion was duly seconded by Councilmember Lionel Garcia and carried by unanimous vote. Jesus Garrocho representing Zeini Group stated the sister company that will be occupying the property is Andalucia Nut. This request for annexation was submitted in June of this year. They would like to be annexed to receive City water. It would be in their best interest to have water from an approval municipal source. No further public comment was received. Councilmember Starnes moved to close the public hearing. The motion was duly seconded by Councilmember Ortega and carried by unanimous vote. The public hearing was closed at 7:07 p.m. City Council Minutes December 11, 2012 Page 1 of 4 Brandon Brownlee presented the Plainview Housing Authority Annual Report. There was no public comment. Councilmember Ortega moved to accept the Annual Report. The motion was duly seconded by Councilmember Waggoner and carried by unanimous consent. Mayor Dunlap presented for consideration on second reading Ordinance No. 12 -3586, an Ordinance Amending the Zoning Map of the City of Plainview for Rezoning From an Office ("0") Zoning District to a Single Family Residential ( "R -2 ") Zoning District, Said Parcels Being Lots 7 -8, Block 86 of the Alexander and Westmoreland Addition, City of Plainview, Hale County, Texas, the Same Being 701 Galveston Street; Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective Date. Since this was the second of two readings, the Council chose to forego staff briefing and asked for public comment. There was no public comment. Councilmember Martinez moved to adopt Ordinance No. 12 -3586 on second reading. The motion was duly seconded by Councilmember David Garcia and carried by unanimous vote. Mayor Dunlap presented for consideration on second reading Ordinance No. 12 -3587, an Ordinance Amending the Zoning Map of the City of Plainview, Texas for the Rezoning From a Single Family Residential ("R-1") Zoning District to a Commercial General Business ( "C -3 ") Zoning District Said Parcels Being a 1.07 Acre Tract, of Which 0.33 Acres are out of the NW Part of Lot C and 0.74 Acres are out of the SW Part of Lot D, Block 88, College Hill Addition, City Of Plainview, Hale County, Texas; the Same Being 3110 W. 7 Street; Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective Date. Since this was the second of two readings, the Council chose to forego staff briefing and asked for public comment. There was no public comment. Councilmember Starnes moved to adopt Ordinance No. 12 -3587 on second reading. The motion was duly seconded by Councilmember Ortega and carried by unanimous vote. Mr. Ingham presented for consideration Resolution R12 -280, a Resolution by the City of Plainview, Texas ( "City ") Suspending the Effective Date for Ninety Days in Connection with the Rate Increase Filing of Southwestern Public Service Company Made on or about November 15, 2012; Authorizing the City to Join with Other Cities in the Alliance of Xcel Municipalities ( "AXM ") to Direct the Activities of Lawyers and Consultants; Authorizing the Hiring of Attorneys and Consultants; Requiring Reimbursement of Reasonable Legal and Consultant Expenses; Finding That the Meeting Complies With the Open Meetings Act; and Making Other Findings and Provisions Related to the Subject; and Declaring an Effective Date. On or about November 15, 2012, Southwestern Public Service Company (SPS), a wholly owned subsidiary of Xcel Energy, filed an application in 79 Texas Municipalities to increase its base rates by approximately $90 million in annual revenue. This would represent an increase in base revenue of about 22 %. SPS' application requests an effective date of December 20, 2012 for its proposed increase in rates. These rate filings are usually quite large and have numerous cities involved. The alliance of cities bans together with one attorney and one set of consultants to review the filing. This Resolution would suspend the rate case. It will extend it another 90 days to give the cities' attorneys another 90 days to review the case and allow cities time to talk with SPS to see if they can possibly reach an agreement on this. This Resolution would make that suspension and authorize the City to be a member of the Alliance of Xcel Municipalities and also allow them to retain attorneys and consultants to assist in this City Council Minutes December 11, 2012 Page 2 of 4 167 168 rate case. Three bids were received as follows: Scott Wampler Construction and Services, LLC: Base bid: $233,497.50 Alternate Bid #1 $50,599.00 Alternate Bid #2 $10,999.25 Amarillo Utility Contractor's Inc. Base bid: $267,278.95 Alternate Bid #1 $67,010.60 Alternate Bid #2 $15,642.95 L. A. Fuller and Sons Construction Ltd Base bid: $343,606.00 Alternate Bid #1 $82,020.00 Alternate Bid #2 $21,415.00 City Council Minutes Mayor Dunlap asked for public comment. There was no public comment. Councilmember Starnes moved to adopt Resolution R12 -280. The motion was duly seconded by Councilmember Martinez and carried by unanimous vote. Mike Gilliland, Director of Public Works presented for consideration to award bids for 2012 TxCDBG Water System Improvements and authorize Mayor to execute Contract and related documents. The City applied for Texas Community Development Block grant funding to do some water line improvements. The City has worked with SPAG as Administrator and Clayton Scales with KSA Engineering. The City was awarded $275,000 through the Texas Department of Agriculture. Part of the grant requirements is that the City include $55,000 of the City's money. This will be for work in the northeast part of town. Before the City went out for bids, it was decided to break this up into several projects to make sure we could afford the project. Staff recommends the Council award the bid to Scott Wampler Construction and Services, LLC for the base bid, alternate bid #1 and alternate bid #2 for a total of $295,095.75. Mr. Gilliland stated that work could be performed in field to bring costs down by around $7,000. Mayor Dunlap asked for public comment. There was no public comment. Councilmember Ortega moved to award bids for 2012 TxCDBG Water System Improvements to Scott Wampler Construction and Services LLC and authorize Mayor to execute Contract and related documents for a total cost of $295,095.75 which includes base bids and alternate bid #1 and #2. Mr. Gilliland added that this is a unit cost contract and our costs wouldn't be exactly $295,000 just base bids plus what alternates you choose. The motion was duly seconded by Councilmember Waggoner and carried by unanimous vote. Councilmember Ortega moved to go into closed session pursuant to Sec. 551.071 to consult with attorney on a matter in which the attorney's duty to the government body December 11, 2012 Page 3 of 4 under the Texas Disciplinary Rules of Professional Conduct conflicts with the open meeting statutes and about pending or contemplated litigation or settlement of same relating to Police Department. The motion was duly seconded by Councilmember David Garcia and carried by unanimous vote. Mayor Dunlap recessed the meeting at 7:54 p.m. Mayor Dunlap called the meeting back in open session at 8:33 p.m. There being no further business, Mayor Dunlap adjourned the meeting at 8:33 p.m. .M/t/ P //7 Belinda Hinojosa City Secretary City Council Minutes December 11, 2012 Page 4 of 4 169