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The Plainview City Council met on May 14, 2013 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 May 10, 2013. Mayor Wendell Dunlap presided.
Councilmembers present were: Charles Starnes - District 1, Cathy Waggoner- District 2,
David Garcia - District 3, V. 0. Ortega- District 4, Shane Martinez - District 5, Lionel Garcia -
District 6 and Eric Hastey- District 7.
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, William Mull - Police Chief, Daniel Born -
Information Technology Specialist, Rusty Powers -Fire Chief, and Belinda Hinojosa -City
Secretary.
News Media Present: Jessica Thornton- Plainview Herald
Guests Present: Teressa King, Larry Williams and Cary Eaves
Councilmember Charles Starnes delivered the invocation and led in the pledge of
allegiance.
Mayor Pro Tem Waggoner moved to adopt the consent calendar. The motion was duly
seconded by Councilmember V. 0. Ortega and carried by unanimous vote. Items
approved on the consent calendar included the approval of the minutes of April 23,
2013 and May 9, 2013.
Mr. Ingham presented for consideration on second reading, Ordinance No. 13 -3596, an
Ordinance Adopting the City of Plainview Comprehensive Plan Pursuant to Chapter 213
of the Texas Local Government Code; Purpose to Promote Development And Public
Health, Safety, And Welfare; Providing A Savings Clause; Cumulativeness Clause;
Conflicts Clause; Severability Clause; Repealer Clause; And Providing 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. Councilmember
Starnes moved to adopt Ordinance No. 13 -3596 on second reading. The motion was
duly seconded by Councilmember David Garcia.
Councilmember Starnes stated the efforts in development of the comprehensive plan
involved various citizens throughout the community. Our previous comprehensive plan
that was adopted in 1989 somehow found the dust bin and we need to make sure that
this comprehensive plan remains a vital document. He had considered amending
ordinance but he believes we have plenty of interchange to allow opportunity for Council
to ask plenty of questions when entities come before council and therefore can go forth
and make this plan work.
Mayor Dunlap added that there are several individuals that meet on a regular basis
looking at a way to help the current situation.
Councilmember Lionel Garcia asked if we were going to budget some money for
economic development. He was advised that we would budget some money into that
process.
City Council Minutes
May 14, 2013 Page 1 of 3
Mayor Dunlap asked for a vote on the matter. The motion carried with Mayor Dunlap,
Councilmembers Starnes, Waggoner, David Garcia, Ortega, Martinez and Hastey
voting "for" the motion and Councilmember Lionel Garcia voting "against" the motion.
Councilmember Ortega moved to go into closed session pursuant to Section 551.071 to
consult with attorney on a matter in which the attorney's duty to the government body
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; Convention Center. The motion was duly seconded by
Councilmember Waggoner and carried by unanimous vote.
Mayor Dunlap recessed the meeting at 7:18 p.m.
Mayor Dunlap opened the meeting in open session at 7:56 p.m.
Greg Ingham, City Manager presented for consideration Ordinance No. 13 -3597, an
Ordinance of the City of Plainview, Texas Approving A Settlement Agreement Between
The Alliance Of Xcel Municipalities ( "AXM ") And Southwestern Public Service Company
( "SPS" Or "Company ") Regarding The Company's Statement Of Intent To Change
Electric Rates In All Cities Exercising Original Jurisdiction; Declaring Existing Rates To
Be Unreasonable; Adopting Tariffs That Reflect Rate Adjustments Consistent With The
Settlement Agreement And Finding The Rates To Be Set By The Attached Tariffs To Be
Just And Reasonable; Finding The City's Rate Case Expenses Reasonable; Directing
SPS To Reimburse The City Its Reasonable Rate Case Expenses; Determining That
This Ordinance Was Passed In Accordance With The Requirements Of The Texas
Open Meeting Act; Declaring An Effective Date; Providing A Repealer; Providing
Severability; And Requiring Delivery Of This Ordinance To The Company And Legal
Counsel. On or about November 15, 2012, Southwestern Public Service Company filed
a Statement of Intent to increase rates by approximately $90 million, which represents
an increase in base revenue of about 22 %, and an approximate increase of 10.06% for
Residential customers, and an approximate increase of 33.18% for Large Municipal
Service customers.
The City earlier took action on SPS's Statement of Intent and suspended SPS's
proposed rate increase to allow its special counsel and rate consultants to review SPS's
application.
After extensive review by the City's special counsel and rate consultants, and other
parties in the rate proceeding pending at the Public Utility Commission of Texas, the
parties have reached a Settlement on the increase to be allowed SPS.
The original filing was for approximately $90 million. The proposed settlement is for
approximately $50.8 million in two steps with step 1 taking effect on May 1, 2013 for $37
million and step 2 taking effect on September 1, 2013 for $13.8 million. The overall
impact on an average resident after step 2 implementation is about 6.6% on overall bill -
base rate, fuel and cost recovery factor and about 9.3% on base rates. One benefit is
that this will avoid multiple rate cases and cost recovery filings in 2013. Staff
recommends approval of this ordinance.
Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Ortega moved to adopt Ordinance No. 13 -3597 on first reading. The
City Council Minutes
May 14, 2013 Page 2 of 3
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motion was duly seconded by Councilmember Starnes and carried by unanimous vote.
Mr. Ingham presented for consideration regarding the Convention Center. The Council
was informed in March of plumbing problems. In April we realized damage was a little
worse than anticipated. It was thought that project could be worked with existing
hotel /motel tax budget.
The Convention Center plays an important role in the community. It is available for a
wide array of events with it averaging about 185 events per year.
Our costs to date have been a little over $60,000 in terms of water damage, remediation
type work and related work plus we have brought in Parkhill Smith & Cooper and other
experts. There are some interesting things going on in that building. We will need to do
soil testing and we have some cracking going on in some places. Our engineers are
very concerned. There are some things we need to look at before we start putting
everything back.
Based on current information, we think we will have additional water damage
remediation work, water and sewer system testing, soil testing, plumbing engineer and
we feel after we get this done then we can reach a point where we can tell what it will
cost to fix it. We can easily see us spending another $60,000 to get there. We are
asking the Council to authorize us to spend the necessary funds out of the hotel /motel
tax budget up to $130,000.
Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Lionel Garcia moved to authorize administration of the City to expend
funds in an amount up to $150,000 to take necessary action to get Convention Center
back where it can be used. The motion was duly seconded by Councilmember Starnes
and carried by unanimous vote.
There being no further business, Mayor Dunlap adjourned the meeting at 8:15 p.m.
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Belinda Hinojosa
City Secretary
City Council Minutes
May 14, 2013 Page 3 of 3