HomeMy WebLinkAbout13 1112 minThe Plainview City Council met on November 12, 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 4:00 p.m. on November 12, 2013. Mayor Wendell Dunlap
presided. Councilmembers present were: Charles Starnes - District 1, Cathy Waggoner -
District 2, David Garcia - District 3, V. O. Ortega- District 4, 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, William Mull- Police Chief, Mike Gilliland- Director
of Public Works, Rusty Powers -Fire Chief, Isauro Gutierrez - Information Technology
Specialist, Rusty Reese -Parks Superintendent, Sarianne Beversdorf- Director of Finance
and Belinda Hinojosa -City Secretary.
News Media Present: Ryan Crowe - Plainview Herald and Caleb Hatch -KKYN
Guests Present: Susan Blackerby, Sarah Van Der Linden, and Becky Summers
Councilmember Lionel Garcia 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 David Garcia and carried by unanimous vote. Items
approved on the consent calendar included approval of Minutes of September 19, 2013,
September 24, 2013, October 17, 2013 and October 22, 2013; approval of Resolution
R13 -294, a Resolution of the City Council of the City of Plainview, Texas, Approving the
Request of the Chamber of Commerce to Host For Their Annual Christmas Parade;
Authorizing the Filing of the Agreement for the Temporary Closure of State Right -Of-
Way With the Texas Department of Transportation for this Event; Declaring that the
Event Serves a Public Purpose; and Agreeing to Comply With Regulations; approval of
Resolution R13 -295, a Resolution of the City Council of the City of Plainview, Texas,
Approving the Request of Plainview YMCA to Host the "YMCA 5k Road Race and 1
Mile Walk "; Authorizing the Filing of the Agreement for the Temporary Closure of State
Right.of -Way With the Texas Department of Transportation for this Road Race;
Declaring that the Event Serves a Public Purpose; and Agreeing to Comply with
Regulations; and authorize purchase of chipper from Vermeer through BuyBoard in the
amount of $40,851.00.
Mr. Jeffrey Snyder, Assistant City Manager presented for consideration on - 8econd
reading, Ordinance No. 13 -3602, an Ordinance Amending the Zoning Map of the City of
Plainview, Texas By Vacating the Sanitary Sewer Line and Water Line Easement
Dedicated in the North Part of the Replat of the East Part of Block 1, Revised Edgemere
Heights Addition, Plainview, Hale County, Texas; Cumulativeness Clause; Conflicts
Clause; Severability Clause; and Effective Date. The property owners are requesting to
vacate water and sewer easement. No utilities are located within that easement. The
Planning and Zoning Commission did approve and recommends approval to the
Council. Staff recommends approval.
Councilmember Starnes moved to open the public hearing on Ordinance No. 13 -3602.
The motion was duly seconded by Councilmember Lionel Garcia and carried by
unanimous vote.
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There was no public comment. Councilmember Ortega moved to close the public
hearing. The motion was duly seconded by Councilmember Hastey and carried by
unanimous vote. The public hearing was closed at 7:08 p.m.
Councilmember Starnes moved to adopt Ordinance No. 13 -3602. The motion was duly
seconded by Mayor Pro Tem Waggoner.
Councilmember Lionel Garcia asked where building extends out, if that would interfere
with what the school is going to do? He was advised that area is large for a turnaround
and that there had not been any comments on this.
Mayor Dunlap asked for a vote on the matter. The motion carried by unanimous vote.
Greg Ingham, City Manager presented for consideration Resolution R13 -296, a
Resolution of the City of Plainview Suspending the November 22, 2013, 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. On Friday, October 18, 2013, Atmos Energy
filed a Statement of Intent to increase gas utility rates in the incorporated areas served
by the West Texas Division. The proposed effective date of these changes is
November 22, 2013.
Texas cities have original jurisdiction over gas utility rates and have 35 days to approve,
deny, or suspend a rate request. The City of Plainview is an active member of the West
Texas Cities group that works together to coordinate rate case activities. The Steering
Committee of the West Texas Cities group has discussed what course of action would
be appropriate and has instructed the group's legal counsel to provide each City with a
Resolution to suspend the rate request because this will enable the group to retain
consultants to review the reasonableness of the request and then recommend
additional action.
Mr. Ingham explained the rate review process. He reiterated that this Resolution
suspends the rate request for the maximum period allowed by law; authorizes the City
to cooperate with the Steering Committee of Cities; and states that the City's
reasonable rate case expenses shall be reimbursed by Atmos West Texas.
Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Ortega declared a conflict of interest on this item and refrained from
commenting or voting on this matter.
Councilmember Starnes moved to adopt Resolution R13 -296. The motion was duly
seconded by Councilmember David Garcia.
Councilmember Lionel Garcia asked if in the past we were able to save a little bit of
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November 12, 2013 Page 2 of 4
money for our citizens? Mr. Ingham stated that yes, last rate case we were around 30%
lower.
Mayor Dunlap asked for a vote on the matter. The motion carried with a vote of six "for"
the motion and Councilmember Ortega abstaining.
Greg Ingham, City Manager presented for consideration the Agreement for Professional
Services for CSI /Backflow Prevention /Cross- connection Control Program. As it was
discussed last summer, it was determined that the City had to update its system of
Customer Service Inspections (CSI), and its backflow prevention and cross connection
program to meet all applicable rules. Staff has been thru about 180 facilities in
Plainview and the program is working pretty well. We are looking at every business to
see if it meets the requirements.
We went thru a request for proposal, which is not a bid process in which we determine
what consultant is more qualified to assist us. We had two groups submit proposals
which are Aqua Backflow and Hardin and Associates. Staff reviewed proposals and
determined Hardin and Associates was best able to meet our needs. City staff will meet
with Hardin and Associates to put a program in place that we can maintain and have
appropriate records that TCEQ wants to see. We have trained some employees which
gives us basis to move forward in the long run.
Staff feels it is the most prudent way to move forward and feel it would be best to
include a not to exceed amount of $125,000. City staff's goal is to get this done in a
timely manner.
Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Ortega moved to enter into an agreement with Hardin and Associates
with an amount not to exceed $125,000. The motion was duly seconded by Mayor Pro
Tem Waggoner and carried by unanimous vote.
Mr. Ingham presented for consideration Resolution R13 -297, a Resolution of the City
Council of the City of Plainview, Texas, Casting Votes for the Hale County Appraisal District
Board of Directors. It is time to cast votes for the Appraisal District Board. Bobby McGehee has
historically been the City's member. This is a two year term. We have 1,547 votes and it takes
929 votes for someone to get elected.
Mayor Dunlap asked for public comment. There was no public comment. Councilmember
Starnes moved to cast 1,547 votes for Bobby "Buddy" McGehee. The motion was duly
seconded by Councilmember David Garcia and carried by unanimous vote.
Mr. Ingham presented for consideration to install flashing pedestrian lights in 300 Block
of Ennis. In the last year, the Council has considered traffic issues at the YMCA. Last
time, the Council determined not to decrease the speed limit but it was indicated if staff
found another option, Council would like to take a look at. We have found a flashing
light system structured so City can control lights by using a laptop and programming
dates and times the lights will flash. They will be put on the city's right of way. They are
solar powered. Rob Wilkinson with the YMCA feels this will be good. The cost for this
system would be about $5,500. This would come out of the street department budget.
Mayor Dunlap asked for public comment. There was no public comment.
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Councilmember Ortega moved to install flashing pedestrian lights in the 300 Block of
Ennis. The motion was duly seconded by Councilmember Waggoner.
Councilmember Lionel Garcia stated we have revisited this about two or three times and
asked if the speed limit will be the same, how is that going to reduce danger? He was
advised that in theory, people see flashing lights and slow down. These can be
programmed and will only flash when necessary. It will make people aware that there
are pedestrians. There would be two signs, one for North bound traffic and one for
South bound traffic. This is not a 100% solution, but a tool.
Councilmember Hastey agreed that something was better, than nothing.
Mayor Dunlap asked for a vote on the matter. Mayor Dunlap, Councilmember Starnes,
Waggoner, David Garcia, Ortega and Hastey voted "for" the motion. Councilmember
Lionel Garcia voted "against" the motion. The motion carried.
There being no further business, Mayor Dunlap adjourned the meeting at 7:44 p.m.
Belinda Hinojosa
City Secretary
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