HomeMy WebLinkAboutCouncil Minutes 04-25-2017122
The Plainview City Council met on April 25, 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 April 21, 2017. Mayor Wendell Dunlap presided.
Councilmembers present were: Charles Starnes -District 1, Larry Williams -District 2,
Norma Juarez -District 3, Susan Blackerby-District 5 and Oliver Aldape-District 7.
Councilmembers Teressa King -District 4 and John Gatica-District 6 were absent.
Staff members present were: Jeffrey Snyder, 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, Isauro Gutierrez -Information
Technology Manager, Cris Valverde -Community Development Manager, Paul Kite -
Assistant Director of Utilities, Jesse Lopez -Code Enforcement Officer, Jack McCasland-
Health Inspector and Belinda Hinojosa-City Secretary.
News Media Present: Doug McDonough -Plainview Herald
Guests Present were: Kaitlyn Jones, Priya Bhakta, Misty Bass, Yasmin Dominguez,
CJ Castro, Mark Hardin, J. W. Hamby, Mike Fox, Jacob Masso, Lupe Ruiz, Mike Melcher,
and Josephine Garcia
Councilmember Oliver Aldape delivered the invocation and led in the pledge of allegiance.
Mayor Pro Tem Charles Starnes moved to approve the consent calendar. The motion
was duly seconded by Councilmember Juarez and carried by unanimous vote. Items
approved on the consent calendar included the granting of excused absences to
Councilmembers Teressa King and John Gatica; approval of the minutes of April 11,
2017; approval of the financial reports; approval of the Quarterly Investment Report for
the period from January 1, 2017 through March 31, 2017; authorize Mayor to sign
Department of State Health Services Contract No. 537-18-0064099991 under the
Immunization/Local Grants Program; authorize Mayor to sign Lease Agreement between
the City of Plainview and the YMCA for the Baseball Program; and authorize Mayor to
sign Softball Field Lease Agreement between City of Plainview and the YMCA .
Mayor Dunlap presented for consideration on second reading Ordinance No. 17-3653, an
Ordinance of the City Council of the City of Plainview, Texas Amending Ordinance No.
16-3638 to Appropriate Funds in the General Fund and Various Revenue and Capital
Funds Pursuant to Section 5.07 (a) and (d) of the Plainview City Charter Allowing For
Supplemental Appropriations in the 2016-2017 Budget; Cumulativeness Clause; Conflicts
Clause; Severability 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 Williams moved to accept Ordinance No 17-3653 on second reading.
The motion was duly seconded by Councilmember Aldape and carried by unanimous
vote.
Mr. Snyder presented for consideration on first reading Ordinance No. 17-3655, an
Ordinance of the City Council for the City of Plainview, Texas Amending the City Code of
Ordinances by Adding the Name "Jimmy Dean Boulevard" to a Portion of 8th Street From
the West Side of Quincy Street to Smyth Street; Providing a Repealer; Severability
Clause; Cumulative Clause; Conflicts Clause; and Effective Date.
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April 25, 2017 Page 1 of 3
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Wayland Baptist University has requested the City Council to consider renaming a portion
of 8th Street from Quincy Street to Smyth Street to Jimmy Dean Boulevard. The University
would like to recognize the contributions made by Jimmy and Donna Dean. The only
addresses impacted by the renaming of this portion of 8th Street will be Wayland Baptist
University property.
Mike Melcher thanked the Council for considering the name change.
Mayor Dunlap asked for public comment. There was no public comment. Mayor Pro Tem
Charles Starnes moved to adopt Ordinance No. 17-3655 on first reading. The motion
was duly seconded by Councilmember Blackerby and carried by unanimous vote.
Cris Valverde, Community Development Manager presented for consideration on first
reading Ordinance 17-3656, an Ordinance of the City Council for the City of Plainview,
Texas, Amending Chapter 3, Article 3.06, International Mechanical Code, Article 3.07,
Medical Gas and Vacuum Systems, Article 3.08 Fuel Gas, and Article 3.09, Minimum
Housing/Dangerous Building Code, of the City of Plainview Code of Ordinances by
Adopting the International Mechanical Code (2015 Edition), the National Fire Protection
Association's Health Care Facilities Code and the Medical Gas and Vacuum Systems
Installation Handbook (2015 Editions), the International Fuel Gas Code (2015 Edition)
and the International Property Maintenance Code (2015 Edition); Repealer;
Cumulativeness Clause; Severability Clause; Conflicts Clause, and Effective Date.
This is first reading of Ordinance to adopt the 2015 Mechanical Code, Property
Maintenance Code, National Fire Protection Association's Health Care Facilities Code,
Medical Gas and Vacuum Code and Fuel Gas Code.
Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Blackerby moved to adopt Ordinance No. 17-3656 on first reading. The
motion was duly seconded by Councilmember Juarez and carried by unanimous vote.
Tim Crosswhite, Director of Public Works presented for consideration to authorize Mayor
to sign Agreement between the City of Plainview and G&G Operations for the 2017 Seal
Coat Project. This is the Contract for the bid that was awarded to G&G Operations for
the 2017 Seal Coat project in the amount of $487,680.
Mayor Dunlap asked for public comment. There was no public comment. Mayor Pro Tem
Starnes moved to authorize Mayor to sign Agreement with G&G Operations for the two
seal coat elements in the amount of $471,030 and $16,650. The motion was duly
seconded by Councilmember Williams and carried by unanimous vote.
Councilmember Blackerby moved to go into closed session per Sec. 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 Code
Enforcement. The motion was duly seconded by Councilmember Aldape and carried by
unanimous vote.
Mayor Dunlap recessed the meeting at 7:22 p.m.
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Mayor Dunlap called the meeting back in open session at 7:41 p.m.
Leslie Schmidt, City Attorney presented for consideration Resolution R17-386, a
Resolution of the City Council for the City of Plainview, Hale County, Texas, Examining
Evidence and Testimony Supporting or Denying the Minimum Housing Standards Board's
Order to Demolish a Structure After the Period of Days Given Persons With Real Property
Interests; Such Determination Will Comply With Law Requiring a Governing Body to Find
a Building is or is not a Nuisance and Substandard Structure Before Demolition in
Protection of a Persons' Constitutional Rights.
She called on Rusty Powers -Fire Chief, Jesse Lopez -Code Enforcement Officer and Jack
McCasland-Health Inspector who each stated on oath that 107 E. 6th constituted a
nuisance and is dangerous, unsafe, unit for human habitation or occupancy and a hazard
to the public health, safety, and welfare to the community.
Mayor Dunlap asked for public comment.
J.W. Hamby of 1305 Zephyr and Jacob Masso of 1313 Floydada each stated that they
were concerned that the adjoining walls to their businesses would be damaged during
demolition.
Mayor Pro Tem Starnes moved that substantial evidence shows that the Board's
determination that the structure located at 107 E. 6th Street, Plainview, Hale County,
Texas, constitutes a "nuisance" and is dangerous, unsafe, unfit for human habitation or
occupancy, and a hazard to the public health, safety, and welfare to the community, and
the structure should be demolished in accordance with the Board's Order. The motion
was duly seconded by Councilmember Juarez and carried by unanimous vote.
There being no further business, Mayor Dunlap adjourned the meeting at 8:26 p.m.
Belinda Hinojosa
City Secretary
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