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Home My WebLink AboutCouncil Minutes 11-12-2024456 The City Council of the City of Plainview met on November 12, 2024, at 6:30 p.m., at City Hall, 202 W. 5th Street, Plainview, Texas. Mayor Charles Starnes presided. Council Members present were Mary Elizabeth Dickerson -District 1, Steve Martinez -District 2, Mike McDonough -District 3, Gary House - District 4, Daniel Rascon-District 5, and Lorie Rodriguez -District 7. Council Member Evan Weiss -District 6 was absent. Staff members present were Jeffrey Snyder -City Manager, Slater Elza-City Attorney, Jeff Johnston -Assistant City Manager, Isauro Gutierrez -Director of Information Technology, Derrick Watson -Police Chief, Neil Weems -Director of Public Works, Bobby Gipson -Fire Chief, Tim Crosswhite-Capital Improvement Program Manager, Valessa Gutierrez - Interim Finance Director/HR Manager, Melinda Brown -Community Engagement Manager, Kristi Aday-Director of Economic Development, Brocke Lively -Landfill Superintendent and Belinda Hinojosa-City Secretary. News Media Present: Reece Nations, Plainview Herald Guests Present: Sache Brendle, Etienne Bocquillon, Leonard Lebran, Neno Maly, Tom Harp, Katalina Finley, Sue Lewellen, Chris Lewellen, Jason Johnson, Laurie Hinsse, Carrane Grainder, Benjamin Lubker, and Sarianne Beversdorf 1. Invocation — Council Member Steve Martinez Pledge of Allegiance 2. Recognitions — WBU Men's Golf Team — NCCAA Men's Golf National Champions Mayor Starnes recognized the WBU Men's Golf Team and Coach Harp by declaring November 12, 2024 as WBU Men's Golf Team and Coach Tom Harp Day 3. Consent Calendar a) Excused Absences b) Authorize Change Order for Landfill Cell Construction Project c) A Resolution of the City Council of the City of Plainview, Texas, Approving the Request for the Plainview Chamber of Commerce to Host the 2024 Chamber of Commerce 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. (Resolution R24-649) d) Authorize Settlement Agreement and Mutual Release between City of Plainview and G Pearl's Properties, Barbara Pickett and Delores Sue Thompson Public Comment: None Motion: Move to approve Consent Calendar Motion by Council Member McDonough, seconded by Council Member Dickerson City Council Minutes November 12, 2024 Page 1 of 7 457 Vote: 7 — 0. Motion carried. 4. Consider the request for funding to support Hope House of Plainview Presenter: Sue Lewellen, President Hope House of Plainview Requested funding from the City to assist the homeless population. Mayor Starnes and Council Member House filed Conflict of Interest Statements and refrained from commenting or voting on the matter Public Comment: None Motion: Move to support Hope House of Plainview in the amount of $5,000 Motion by Council Member Rascon, seconded by Council Member Martinez Vote: 7-0. Motion carried. 5. An Ordinance of the City Of Plainview, Texas Amending the Code of Ordinances of the City of Plainview Texas Chapter 8: "Offenses and Nuisances" By Adding a New Article 8.07, `Regulation of Sex Offender Residency" to Make it Unlawful for Persons Required to Register on the Texas Department of Public Safety Sex Offender Database to Reside Within 1,000 Feet of Property Where Children Assemble or Gather; to Prohibit Renting or Leasing Residential Housing to Predatory Sex Offenders, Providing Affirmative Defenses; Providing a Variance Request Procedure, and Providing for Severability, Repealer, Continuation of Prior Law, Penalty, Publication, and Effective Date. (Ordinance No. 24-3771 — Second Reading) Since this is the second of two readings, the Council chose to forego staff briefing Public Comment: None Motion: Move to adopt Ordinance No. 24-3771 on second reading. Motion by Council Member House, seconded by Council Member McDonough Vote: 7-0. Motion carried. 6. An Ordinance Amending the Code of Ordinances, City of Plainview, Texas: Repealing Chapter 8, Article 8.05 Entitled "Juvenile Curfew", Providing an Effective Date, Repealer Clause, and Severability Clause, and Providing for Publication. (Ordinance No. 24-3772 — Second Reading) Since this is the second of two readings, the Council chose to forego staff briefing Public Comment: None Motion: Move to adopt Ordinance No. 24-3772 on second reading. City Council Minutes November 12, 2024 Page 2 of 7 458 Motion by Council Member McDonough, seconded by Council Member Dickerson Vote: 7-0. Motion carried. 7. An Ordinance of the City Council of the City Of Plainview, Texas: Amending the Code of Ordinances, City of Plainview, Chapter 4, By Adding Article 4.14 Titled "Short - Term Rentals", Which Creates a Registration Requirement for the Operation of Short - Term Rentals, Provides for Permit Denial and Revocation Standards, and Requires Short - Term Rentals to Pay Hotel Occupancy Fees to the City (Ordinance No. 24-3773 - First Reading) Presenter: Jeff Johnston, Assistant City Manager The proposed Ordinance would require STRs to be registered with the City to ensure the proper remittance of Hotel Occupancy Taxes. This will also aid in preserving the health, safety and welfare of local homeowners, neighborhoods and visitors to Plainview. The owners or operators of STRs are required to fill out an application, pay a registration fee, and obtain a permit that must be renewed yearly. Permits can be denied renewal under certain circumstances. Public Comment: None Motion: Move to adopt Ordinance No. 24-3773 on first reading. Motion by Council Member House, seconded by Council Member Rascon Vote: 7-0. Motion carried. 8. A Resolution of the City of Plainview Suspending the December 19, 2024 Effective Date of Atmos Energy Corp., West Texas Division's Requested Rate Change to Permit the City Time to Study the Request and to Establish Reasonable Rates, Approving Cooperation With the Cities Served by Atmos West Texas and Authorizing Intervention in Atmos West Texas' Requested Rate Change Proceedings Before the Commission; Hiring Lloyd Gosselink Attorneys and Consulting Services 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 Legal Counsel (Resolution R24-648) Presenter: Jeffrey Snyder, City Manager This Resolution will suspend the effective date of the proposed rate and authorize your City's participation in the coalition, Atmos West Texas Cities. Participation in the coalition allows us to hire consultants, review the Company's filing, conduct discovery, identify any adjustments, and participate in settlement discussions with Atmos and other intervenors to work towards a reasonable resolution in the matter on behalf of the group. Public Comment: None Motion: Move to adopt Resolution R24-648. City Council Minutes November 12, 2024 Page 3 of 7 459 Motion by Council Member McDonough, seconded by Council Member Dickerson Vote: 7-0. Motion carried. 9. A Resolution of the City Council of the City of Plainview. Texas, Authorizing the Submission of a Texas Community Development Block Grant Program Application to the Texas Department of Agriculture for the Community Development Fund. (Resolution R24- 650 Presenter: Tim Crosswhite, Capital Improvement Program Manager On 8-27-24, the Council authorized SPAG for grant administration. This Resolution is the next step required to submit the first round CDBG grant application and Signatory. Staff has selected an area that should fall within the grant requirements and is a problem area that has had sewer -line failures in recent years. If awarded the $750,000 CDBG grant, the City's cash match contribution to the project will be $112,500(15%). If funded, monies have been set aside in the Capital Improvement Fund. Public Comment: None Motion: Move to adopt Resolution R24-650. Motion by Council Member McDonough, seconded by Council Member Martinez Vote: 7-0. Motion carried. 10. A Resolution of the City Council of the City of Plainview Texas Authorizing City Representatives in Matters Pertaining to the City's Participation in the Texas Community Development Block Grant Program. (Resolution R24-651) Presenter: Tim Crosswhite, Capital Improvement Program Manager. This Resolution authorizes certain city officials as signatories. Public Comment: None Motion: Move to adopt Resolution R24-651. Motion by Council Member McDonough, seconded by Council Member House Vote: 7-0. Motion carried. 11. Authorize Professional Services Agreement for the Water Treatment Plant Sand Filtration System Replacement Project Presenter: Neil Weems, Director of Public Works This professional services agreement would authorize engineering services for the Water Treatment Plant Sand Filtration System Project. Engineering services are proposed at a City Council Minutes November 12, 2024 Page 4 of 7 460 not to exceed the amount of $338,000. The total estimated cost of the project is $2,064,000. Public Comment: None Motion: Move to authorize Professional Services Agreement for the Water Treatment Plant Sand Filtration System Replacement Project with Parkhill Motion by Council Member McDonough, seconded by Council Member Rascon Vote: 7-0. Motion carried. 12. Authorize the Purchase of Solid Waste Landfill Compactor through the BuyBoard Purchasing Cooperative Presenter: Brocke Lively, Landfill Superintendent This would authorize the purchase of a Tana H380 Compactor through HGAC Buyboard for $758,625.00. This purchase was included in the FY2025 Budget. Public Comment: None Motion: Move to approve purchase Motion by Council Member House, seconded by Council Member McDonough Vote: 7-0. Motion carried. 13. Authorize the Purchase of Solid Waste Side Load Refuse Truck through the BuyBoard Purchasing Cooperative Presenter: Brocke Lively, Landfill Superintendent This would authorize the purchase of a 2025 Peterbilt 567 with KANN Commercial Sideloader body through Buyboard for $330,908.87. This purchase was included in the FY2025 Budget. Public Comment: None Motion: Move to authorize purchase of Solid Waste Side Load Refuse Truck Motion by Council Member McDonough, seconded by Council Member Martinez Vote: 7-0. Motion carried. 14. Authorize the Purchase of Backhoe/Loader through the BuyBoard Purchasing Cooperative Presenter: Neil Weems, Director of Public Works City Council Minutes November 12, 2024 Page 5 of 7 461 This would authorize the BuyBoard purchase of a 2025 Caterpillar 430 AE4 Backhoe/Loader for $164,246.76, with a trade-in of the 2009 Caterpillar 416 for $30,000 for a total price of $134,243.76. This purchase was included in the FY2025 Budget. Public Comment: None Motion: Move to authorize Purchase of Backhoe/Loader through the BuyBoard Purchasing Cooperative Motion by Council Member Rascon, seconded by Council Member McDonough Vote: 7-0. Motion carried. 15. Authorize the Purchase of three Mowers through the BuyBoard Purchasing Cooperative Presenter: Neil Weems, Director of Public Works This would the purchase of three (3) Kubota F2690E Mowers for $67,781.63 from James Bros, Implement Company, Inc, for $67,781.63. This purchase was included in the FY2025 Budget. Public Comment: None Motion: Move to authorize the purchase of three Kubota Mowers through the BuyBoard Purchasing Cooperative Motion by Council Member McDonough, seconded by Council Member Martinez Vote: 7-0. Motion carried. 16. Convene into closed session pursuant to Texas Gov't Code § 551.072 to 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. There was no closed session on property. 17. Convene into executive session pursuant to Texas Gov't Code � 551.074 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. Director of Finance Mayor Starnes recessed the meeting at 7:25 p.m. Mayor Starnes called the meeting back in open session at 7:45 p.m. 18. Confirmation of City Manager's Appointment to the position of Director of Finance. Motion: Move to confirm City Manager's appointment of Jason Johnson to the position of Director of Finance. City Council Minutes November 12, 2024 Page 6 of 7 462 Motion by Council Member McDonough, seconded by Council Member Martinez Vote: 7-0. Motion carried. 19. Adjournment The meeting adjourned at 7:47 p.m. Belinda Hin City Secretary City Council Minutes November 12, 2024 Page 7 of 7