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Home My WebLink About08-11-2015 Council minutes452 The Plainview City Council met on August 11, 2015 at 7:05 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 4:57 p.m. on August 7, 2015. Mayor Pro Tem King presided. Councilmembers present were: Charles Starnes -District 1, Larry Williams -District 2, Norma Juarez -District 3, and Susan Blackerby-District 5. Mayor Dunlap, Councilmembers Lionel Garcia -District 6 and Eric Hastey-District 7 were absent. Staff members present were: Jeffrey Snyder -City Manager, Andrew Freeman -Assistant City Manager, Leslie Spear Schmidt -City Attorney, Sarianne Beversdorf-Director of Finance, Rusty Powers -Fire Chief, Ken Coughlin -Police Chief, Isauro Gutierrez - Information Technology Specialist, Shane Harrell -Personnel Specialist and Belinda Hinojosa-City Secretary. News Media Present: Homer Marquez -Plainview Herald and Caleb Hatch -Plainview Radio Guests Present: Norman Wright, Louise Wright, Dr. David Wright, Dr. Ruth Rector - Wright, Beverly McCaskill, Kent Satterwhite, Chad Pernell, Erma Mickey, Mike Fox, Tyke Dipprey, and Irma Shackelford Councilmember Starnes delivered the invocation and led in the pledge of allegiance. Mayor Pro Tem King presented a proclamation and plaque to Norman Wright for his 30 years of service on the Canadian River Municipal Water Authority Board. Councilmember Starnes moved to approve the consent calendar. The motion was duly seconded by Councilmember Blackerby and carried by unanimous vote. Items approved on the consent calendar included the granting of excused absences to Mayor Dunlap and Councilmember Garcia; approval of the minutes of July 23, 2015 and July 28, 2015; authorize Mayor to sign Department of State Health Services Contract 2016-001047-00 between the Department of State Health Services and Plainview Hale County Health Department for IMM/LOCALS Immunization Branch -Locals for the period from September 1, 2015 through August 31, 2016; and authorize Mayor to sign Department of State Health Services Contract 2016-001071-00 between the Department of State Health Services and Plainview Hale County Health Department for RLSS/LPHS RLSS/Local Public Health System-PnP for the period from September 1, 2015 through August 31, 2017. Jeffrey Snyder, City Manager presented to discuss and consider proposed property tax rate for fiscal year 2015-2016. The proposed tax rate for 2015-2016 is $0.6288. The City's effective tax rate is $0.5868. The City saw a drop in its effective tax rate. The City saw an increase in its valuation from $790 million to $793 million. Some cities propose to use the roll back rate amount. Council is not adopting a tax rate. They are only establishing the maximum the Council will consider. The Council will need to hold two public hearings. Staff is recommending the Council use the proposed tax rate that is in the budget of $0.6288. Mayor Pro Tem King asked for public comment. There was no public comment. Councilmember Starnes moved to consider the adoption of the proposed tax rate of $0.6288 at the Meeting of the City Council for first reading on September 8, 2015 at 7:00 City Council Minutes August 11, 2015 Page 1 of 4 p.m. in the City Council Chambers at City Hall, 901 Broadway and second reading on September 17, 2015 at 11:30 a.m. at the Plainview Convention Center, 2902 W. 4th Street. The motion was duly seconded by Councilmember Juarez. Councilmember Williams move to offer an amendment to the motion to set the amount to consider at $0.6360 to give room for discussion. The motion was seconded by Councilmember Juarez. Mayor Pro Tem King asked for a vote on the amendment to set the maximum proposed tax rate of $0.6360. Mayor Pro Tem King, Councilmember Williams and Juarez voted "for" the motion. Councilmember Starnes and Blackerby voted "against" the motion. The motion carried. Belinda Hinojosa, City Secretary asked for a record vote of the Council on the motion as amended with the Council voting as follows: Mayor Dunlap — Absent Councilmember Starnes — No Councilmember Williams — Yes Councilmember Juarez — Yes Mayor Pro Tem King — Yes Councilmember Blackerby- No Councilmember Garcia — Absent Councilmember Hastey — Absent The motion carried with a vote of 3 "for" the motion and 2 "against." Mr. Snyder presented for consideration to schedule two public hearings on the tax rate and budget on August 25, 2015 at 7:00 p.m. in the City Council Chambers at City Hall, 901 Broadway and September 3, 2015 at 11:30 a.m. at the Plainview Convention Center, 2902 W. 4th Street. Mayor Pro Tem King asked for public comment. There was no public comment. Councilmember Starnes moved to scheduled two public hearings on the tax rate and budget on August 25, 2015 at 7:00 p.m. in the City Council Chambers at City Hall, 901 Broadway and September 3, 2015 at 11:30 a.m. at the Plainview Convention Center, 2902 W. 4th Street. The motion was duly seconded by Councilmember Williams and carried by unanimous vote. Mayor Pro Tem King presented for consideration on second reading Ordinance No. 15- 3622, an Ordinance Amending Chapter 8, Offenses and Nuisances, Article 8.02, Nuisances Generally, Section 8.02.002, Illustrative Enumeration, of the City of Plainview, Hale County, Texas; Cumulativeness Clause; Conflict Clause; Severability Clause; and 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 Blackerby moved to adopt Ordinance No. 15-3622 on second reading. The motion was duly seconded by Councilmember Juarez and carried by unanimous vote. City Council Minutes August 11, 2015 Page 2 of 4 453 454 Mayor Pro Tem King announced that no action would be taken on Item 7 — Award of Contract for Civic Center Re -Roof Project and that it would be considered at a later date. Mr. Snyder presented for consideration Resolution R15-342, a Resolution of the City Council of the City of Plainview, Texas ("City") Denying Southwestern Public Service Company's Proposed Increase in Rates Submitted in its Application on December 8, 2014; Requiring Reimbursement of Reasonable Legal and Consultant Expenses; Finding that the Meeting Complies with the Open Meetings Act; Making Other Findings and Provisions Related to the Subject; and Declaring an Effective Date. On about December 08, 2014, Southwestern Public Service Company (SPS) filed an application to increase its base rates by approximately $64.8 million in annual revenue. After several modifications to its application, SPS has changed its proposed increase from an increase of about $64.8 million, to an increase of about $42.07 million. In early January, 2015, the City, as part of the Alliance of Xcel Municipalities ("AXM") suspended SPS's proposed effective date to allow AXM to review the merits of SPS' proposed increase in rates. After extensive review of SPS's application to increase rates, AXM's Special Counsel and consultants, concluded that SPS had not established that it warranted an increase in rates under current law and the rules of the Public Utility Commission of Texas. We have attempted to negotiate a settlement with AXM, we were not successful in those efforts. AXM is recommending denial of the proposed base rate increase by SPS. We have to do this by August 31, 2015. If we don't take action by this date, SPS' proposed rates will take effect by operation of law. Staff does recommend denial of SPS' application to increase rates. From here it will go to the Public Utility Commission, who will make the final decision. Mayor Pro Tem King asked for public comment. There was no public comment. Councilmember Blackerby moved to adopt Resolution R15-342. The motion was duly seconded by Councilmember Williams and carried by unanimous vote. Councilmember Williams moved to go into closed meeting to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, or to hear a complaint or charge against an officer or employee. [Tex. Gov't. Code, Section 551.074]. Appointments to the following boards and commissions: Civil Service Commission and Public Works Director Position. The motion was duly seconded by Councilmember Juarez and carried by unanimous vote. Mayor Pro Tem King moved to recess the meeting at 7:40 p.m. Mayor Pro Tem King called the meeting back in open session at 7:55 p.m. Councilmember Starnes moved to appoint Ron Trusler to the Civil Service Commission to complete the unexpired term of Jeff Tunnell with said term to expire on January 1, 2017. The motion was duly seconded by Councilmember Blackerby and carried by unanimous vote. City Council Minutes August 11, 2015 Page 3 of 4 There being no further business, Mayor Pro Tem King adjourned the meeting at 7:56 p.m. Belinda Hinojosa City Secretary City Council Minutes August 11, 2015 Page 4 of 4 455