HomeMy WebLinkAboutCouncil Minutes 03-28-2017The Plainview City Council met on March 28, 2017 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 4:45 p.m. on March 24, 2017. Mayor Wendell Dunlap presided.
Councilmembers present were: Charles Starnes -District 1, Larry Williams -District 2,
Susan Blackerby-District 5 and John Gatica-District 6. Councilmembers Norma Juarez -
District 3, Teressa King -District 4, and Oliver Aldape-District 7 were absent.
Staff members present were: Jeffrey Snyder, City Manager, Andrew Freeman -Assistant
City Manager, Leslie Schmidt -City Attorney, Tim Crosswhite-Director of Public Works,
Sarianne Beversdorf-Director of Finance, Ken Coughlin -Police Chief, Rusty Powers -Fire
Chief, lsauro Gutierrez -Information Technology Manager, Cris Valverde -Community
Development Manager, Paul Kite -Assistant Director of Utilities and Belinda Hinojosa-City
Secretary.
News Media Present: Doug McDonough -Plainview Herald
Guests Present were: Phyllis Wall, Elsa Cooper, Twyla Woodring, Emma Herring,
Beverly Dunlap, Jarus Flowers, Irma Shackelford, Inez Hillman, Evelyn Ball, Mary Ann
James, AJ Shaw, Bailey Adams, George Meriwether, Cassandra Gary and David Gary II
Councilmember John Gatica delivered the invocation and led in the pledge of allegiance.
Councilmember Larry Williams 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
Councilmembers Norma Juarez, Teressa King and Oliver Aldape; approval of the minutes
of March 9, 2017 and March 14, 2017; approval of the financial reports; authorize Mayor
to sign Department of State Health Services Contract No. 537-18-0241-00001 under the
Regional Local Services System/Local Public Health Services Grant Program; approval
of Resolution R17-384, a Resolution of the City Council of the City of Plainview, Texas,
Approving the Request of the Alzheimer's Association Committee to Host the Blondes
Vs. Brunettes Color Run; 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; and approval of Resolution R17-385, a Resolution of the City Council of the
City of Plainview, Texas, Approving the Request of Texas Central Hemophilia Association
Steering Committee to Host the West Texas Walk for Bleeding Disorders 5K; 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.
George Meriwether with Davis, Kinard & Co, PC presented the 2016 Comprehensive
Annual Financial Report. He stated the city received an unmodified clean opinion with no
material weaknesses.
Mayor Dunlap asked for public comment. There was no public comment. Mayor Pro Tem
Starnes moved to accept the Comprehensive Annual Financial Report. The motion was
duly seconded by Councilmember Williams and carried by unanimous vote.
Mayor Dunlap presented for consideration on second reading Ordinance No. 17-3650, an
Ordinance of the City Council for the City of Plainview Amending Chapter 3, Article 3.04,
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Division 6, National Electrical Code and Article 3.05, Divisions 5 and 6, International
Plumbing Code, of the City of Plainview Code of Ordinances; to Adopt the National
Electrical Code (2014 Edition) and the International Plumbing Code (2015 Edition);
Repealer; Cumulativeness Clause; Severability Clause; Conflicts 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
Blackerby moved to adopt Ordinance No. 17-3650 on second reading. The motion was
duly seconded by Councilmember Gatica and carried by unanimous vote.
Mayor Dunlap presented for consideration on second reading Ordinance No. 17-3651, an
Ordinance of the City Council of the City of Plainview, Texas Authorizing the Creation and
Adoption of an Employee Health Insurance Benefits Trust Pursuant to Chapter 222 of the
Texas Insurance Code, as Amended; Approving the Declaration of Trust; Approving the
Initial Transfer of Assets to the Trust; and Providing for a Repealer; Severability Clause;
Cumulative Clause; Conflicts 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 Gatica moved to adopt Ordinance No.
17-3651 on second reading. The motion was duly seconded by Councilmember
Blackerby and carried by unanimous vote.
Mayor Dunlap presented for consideration on second reading Ordinance No. 17-3652, an
Ordinance of the City Council of the City of Plainview, Texas, Approving a Negotiated
Resolution Between the Atmos West Texas Cities Steering Committee ("WTX Cities")
And Atmos Energy Corp., West Texas Division Regarding the Company's 2016 Rate
Review Mechanism ("RRM") Filing; Declaring Existing Rates to be Unreasonable;
Adopting Tariffs that Reflect Rate Adjustments Consistent with the Negotiated Settlement;
Finding the Rates to be set by the Attached Tariffs to be Just and Reasonable and in the
Public Interest; Establishing a Process for Renegotiating the RRM Tariff in 2017;
Requiring the Company to Reimburse Cities' Reasonable Ratemaking Expenses;
Determining that this Ordinance was Passed in Accordance with the Requirements of the
Texas Open Meetings Act; Adopting a Savings Clause; Declaring an Effective Date; and
Requiring Delivery of this Ordinance to the Company and the WTX Cities' Legal Counsel.
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 Williams
moved to adopt Ordinance No. 17-3652 on second reading. The motion was duly
seconded by Mayor Pro Tem Starnes and carried by unanimous vote.
Councilmember Blackerby moved to go into closed session to:
a) Section 551.072 - Deliberate the purchase, exchange, lease or value of real
property, the public discussion of which would not be in the best interest of the
City's bargaining position with third parties;
b) Sec. 551.071 — 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 Street Department and Police
Department; and
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c) Sec. 551.071 — 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: Board Appointments; and 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: Board of Health, Board of Minimum Housing
Standards, Main Street Program Tourism Coordinating Board, Plainview Housing
Authority Board, Planning and Zoning Commission Board, and Zoning Board of
Adjustment
The motion was duly seconded by Councilmember Gatica and carried by unanimous vote.
Mayor Dunlap recessed the meeting at 7:52 p.m.
Mayor Dunlap called the meeting back in open session at 8:58 p.m.
Mayor Pro Tem Starnes moved to authorize Mayor to sign the necessary documents to
purchase a 37.54 acre tract of land in the North part of Block JK -2, Section 35, known
approximately as 3613 North Interstate 27. The motion was duly seconded by
Councilmember Williams. Mayor Dunlap asked for public comment. There was no public
comment. Mayor Dunlap asked for a vote on the motion. The motion carried by
unanimous vote.
Councilmember Starnes moved to:
a) Reappoint Kimberlee Bentley and Don Williams to the Board of Health with said
terms to expire on January 1, 2019;
b) Reappoint Jorge Sanchez to the Plainview Housing Authority with said term to
expire on January 1, 2019;
c) Appoint Logan Pritchett, Sylvia Suarez, Mitesh Patel, Ranada Jack and Patricia
Garcia to the Main Street Program/Tourism Coordinating Board with said terms
to expire on January 1, 2019;
d) Reappoint Larry Dickerson to the Board of Minimum Housing with said term to
expire on January 1, 2019;
e) Appoint Richard Dye to the Board of Minimum Housing with said term to expire
on January 1, 2019;
f) Appoint Danny Murphree to the Zoning Board of Adjustment with said term to
expire on January 1, 2019; and
g) Reappoint Danny Murphree, Paul Drager and Chris LeFevre to the Planning and
Zoning Commission with said terms to expire on January 1, 2019.
The motion was duly seconded by Councilmember Blackerby. There was no public
comment. The motion carried by unanimous vote.
There being no further business, Mayor Dunlap adjourned the meeting at 9:03 p.m.
Belinda Hinojosa
City Secretary
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