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HomeMy WebLinkAbout07-14-2015 Council minutesPlainview City Council met on July 14, 2015 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 July 10, 2015. Mayor Wendell Dunlap presided. Councilmembers present were: Larry Williams -District 2, Norma Juarez -District 3, Teressa King -District 4, Susan Blackerby-District 5, and Eric Hastey-District 7. Councilmembers Charles Starnes - District 1 and Lionel Garcia -District 6 were absent. Staff members present were: Jeffrey Snyder -City Manager, Andrew Freeman -Assistant City Manager, Leslie Spear Schmidt -City Attorney, Tim Crosswhite-lnterim Director of Public Works, Sarianne Beversdorf-Director of Finance, Rusty Powers -Fire Chief, Ken Coughlin -Police Chief, Isauro Gutierrez -Information Technology Specialist, and Belinda Hinojosa-City Secretary. News Media Present: Homer Marquez -Plainview Herald and Caleb Hatch -Plainview Radio Guests Present: Mike Fox Councilmember Larry Williams delivered the invocation and led in the pledge of allegiance. Councilmember Williams moved to approve the consent calendar. The motion was duly seconded by Eric Hastey and carried by a vote of five "for" the motion. Items approved on the consent calendar included the granting of excused absences to Councilmember Starnes and Garcia and approval of the minutes of June 18, 2015 and June 23, 2015. Jeffrey Snyder, City Manager presented for consideration on second reading Ordinance No. 15-3621, an Ordinance Creating Chapter 1, Article 1.13, Division 6, Skate Park Rules of the Code of Ordinances of the City of Plainview, Texas, Defining Terms; Authorizing Signage to be Conspicuously Posted Providing Curfew Hours for the Skate Park; Adopting Rules And Regulations; Establishing Offenses and Penalties for Violation of the Skatepark Rules With a Fine Not to Exceed $500; Severability Clause; Cumulativeness Clause; Conflicts Clause; Effective Date; and Providing for Publication and Enforcement of such Ordinance. Texas House Bill 1058 enacted as of September 1, 1999, is intended to limit a municipality's liability arising out of the use of skateboard and other recreational facilities, except for gross negligence and acts conducted in bad faith or with malicious intent. H.B. 1058 also requires cities to post a sign at each facility with the following specific language: Texas Law (Chapter 75, Civil Practices and Remedies Code) limits the liability of a municipality that owns, operates or maintains a facility in which hockey, in-line hockey, skating, in-line skating, roller-skating, skateboarding or roller-blading are conducted for damages arising directly from such recreational activities. Additional signage is recommended from the Texas Municipal League Intergovernmental Risk Pool management perspective to warn and inform participants of rules and conditions of using the facility. Staff is recommending adopting Ordinance to clearly communicate to the public the rules and regulations that are in place to protect the City, skate park and the users of the park. City Council Minutes July 14, 2015 Page 1 of 2 445 446 It was requested that the hours be extended to midnight. The 10:00 p.m. curfew was put in place because of concern with safety and problems with shadowing. Staff is recommending Council get Ordinance in place and once we get the lights installed the Council can revisit later. Councilmember Norma Juarez arrived at 7:07 p.m. Mayor Dunlap asked for public comment. There was no public comment. Councilmember Blackerby moved to approve Ordinance No. 15-3621 on second reading. The motion was duly seconded by Mayor Pro Tem King and carried by unanimous vote. Tim Crosswhite, Wastewater Treatment Plant Superintendent presented for consideration Resolution R15-340, a Resolution of the City Council of the City of Plainview, Texas Authorizing the Mayor to Designate Managing Personnel to Sign All Documents Required by the Consent Decree Effective December 21, 2004. Mr. Crosswhite presented a synopsis of the activities that led to the consent decree. This Resolution removes the names of prior staff and designates the positions authorized to sign documents. Staff recommends approval. Mayor Dunlap asked for public comment. There was no public comment. Mayor Pro Tem King moved to accept Resolution R15-340. The motion was duly seconded by Councilmember Blackerby and carried by unanimous vote. There being no further business, Mayor Dunlap adjourned the meeting at 7:15 p.m. Belinda Hinojosa City Secretary City Council Minutes July 14, 2015 Page 2 of 2