HomeMy WebLinkAboutCouncil Minutes 02-28-2023244 The City Council of the City of Plainview met on February 28, 2023 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, Susan Blackerby-District 5, and Evan Weiss -District 6. Council Member Lorie
Rodriguez -District 7 was absent.
Staff members present were: Jeffrey Snyder -City Manager, Matthew Wade -City Attorney,
Jeff Johnston -Assistant City Manager, Isauro Gutierrez -Director of Information
Technology, Sarianne Beversdorf-Di rector of Finance, Tim Crosswhite-Capital
Improvement Program Manager, Derrick Watson -Chief of Police, Bobby Gipson -Fire
Chief, Kristi Aday-Director of Economic Development, Neil Weems -Director of Public
Works, Melinda Brown -Main Street Manager, and Belinda Hinojosa-City Secretary
Guests Present: Sherril Weiss, Marlene & Russ Reed, and Don Weems
News Media Present: Ellysa Harris, Plainview Herald
Invocation — Council Member Mike McDonough
2. Recognitions —
3. Consent Calendar
a) Excused Absences
b) Minutes of February 9, 2023 and February 14, 2023
c) Financial Report
d) Reappoint David McDonald to the Airport Board with said term to expire on
January 1, 2027
e) Reappoint Kimberlee Bentley and Johnny Hill to the Board of Health with
said terms to expire on January 1, 2025
f) Appoint Larry Williams to the Building Trades/Fire Code Board of Appeals
with said term to expire on January 1, 2027
g) Appoint Judy Dugas to the Library Board with said term to expire on
December 31, 2023
h) Appoint Hari Krishna, Emily Parker, Terra James and Sheila McKay to the
Downtown Plainview/Main Street Program/Tourism Coordinating Board
with said terms to expire on January 1, 2025
i) Appoint Debbi Wilkins and Lyn Baker to the Parks Advisory Board with said
terms to expire on January 1, 2027
j) Reappoint Danny Murphree, Chris LeFevre, Chris Williams and appoint
Sally Bishop to the Planning and Zoning Commission with said terms to
expire on January 1, 2025.
k) Appoint Nick Mogg, Tyler James, Phyllis Wall and Larry Williams as
alternates to the Planning and Zoning Commission with said terms to expire
on January 1, 2025.
1) Reappoint Elsa Cooper, Nicki Logan, Gary Stennett and Rodney Watson to
the Runningwater Draw RSVP Board with said terms to expire on December
31, 2025.
m) Reappoint Chris LeFevre and appoint Larry Williams to the Zoning Board of
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City Council Minutes February 28, 2023 Page 1 of 5
Adjustment with said terms to expire on January 1, 2025.
n) Authorize City Manager to execute settlement agreements and related
assignment of legal rights and claims regarding Aquatic Center
subcontractor claims in conjunction with City of Plainview v. USA
Management, LLC, Cause No. B44456-2209 in the 242nd Judicial District of
Hale County. (Resolution R23-597)
Public Comment: None
Motion: Approve Consent Calendar
Motion by Mayor Pro Tern Blackerby, seconded by Council Member Weiss
Vote: 7 — 0. Motion carried.
11. Confirm City Manager's appointment of the Director of Public Works Position
Presenter: Jeffrey Snyder, City Manager
This confirms the appointment of Neil Weems as Director of Public Works.
Public Comment: None
Motion: Move to confirm appointment of Neil Weems as Director of Public Works.
Motion by Council Member House, seconded by Council Member Martinez
Vote: 7-0. Motion carried.
4. Presentation of Police Department Racial Profiling Report and Annual Operations
Report
Presenter: Derrick Watson, Chief of Police
Presented Police Department Racial Profiling Report and Annual Operations Report
Public Comment: None
Motion: Move to accept the Police Department Racial Profiling Report
Motion by Council Member McDonough, seconded by Council Member Weiss
Vote: 7-0. Motion carried.
5. An Ordinance Amendina the Code of Ordinances of the Citv of Plainview. Texas
by Adding Article 4.13, "Amusement Redemption Machines Game Rooms" Concerning
the Regulation and Conduct of Amusement Redemption Machine Game Rooms Within
the City; Establishing a Licensing and Regulatory Process for Amusement Redemption
Machines; Providing an Appeals Process; Providing for a Penalty Not to Exceed $500.00
for Each Offense; Providing an Effective Date; Providing a Savings Clause; Providing a
Repealer and Providina for Publication. (Ordinance No. 23-3741 - Second Readina)
City Council Minutes February 28, 2023 Page 2 of 5
Since this was the second of two readings, the Council chose to forego staff briefing and
asked for
Public Comment: None
Motion: Move to accept Ordinance No. 23-3741 on second reading.
Motion by Mayor Pro Tem Blackerby, seconded by Council Member McDonough
Vote: 7-0. Motion carried.
6. A Resolution by the City of Plainview, Texas ("City") Suspending Southwestern
Public Service Company's Proposed Effective Date In Connection With Its Statement Of
Intent Submitted On About February 8, 2023; Authorizing The City's Continued
Participation With Other Cities In The Alliance Of Xcel Municipalities ("AXM") To Direct
The Activities Of Lawyers And Consultants And Participation In Related Rate
Proceedings; Authorizing The Hiring Of Attorneys And Consultants; Requiring
Reimbursement Of Reasonable Legal And Consultant Expenses; Requiring Proof Of
Notice; Finding That The Meeting Complies With The Open Meetings Act; Making Other
Findings And Provisions Related To The Subject; And Declaring An Effective Date
(Resolution R23-594)
Presenter: Jeffrey Snyder, City Manager
Staff recommends passage of Resolution suspending SPS effective date.
This Resolution suspends SPS's proposed effective date to allow AXM's attorneys and
consultants to review SPS's application. The City authorizes participation in AXM and
intervention in PUCT proceedings as a member of AXM; retains the law firm of Herrera
Law & Associates, PLLC as Special Counsel to represent the City as part of AXM in
proceedings at the PUCT related to SPS's application to increase rates, including appeals
to court, if any; and direct SPS to reimburse the City's reasonable rate case expenses on
a monthly basis upon presentation of AXM's invoices for its rate case expenses.
Public Comment: None
Motion: Move to adopt Resolution R23-594
Motion by Council Member House, seconded by Council Member Martinez
Vote: 7-0. Motion carried.
7. A Resolution of the City Council of the City of Plainview, Texas, Stating That the
City Council Has Reviewed and Adopted an Investment Policy in Accordance with Texas
Government Code Chapter 2256, the Public Funds Investment Act, Requiring the
Governing Body to Review Investment Policy as Well as Investment Strategy for Public
Fund Investment; And Declaring an Effective Date (Resolution R23-595)
Presenter: Sarianne Beversdorf, Director of Finance
City Council Minutes February 28, 2023 Page 3 of 5
This Resolution adopts the Investment Policy that is required to be adopted annually. The 247
only change to the policy is change in terminology from the Comprehensive Annual
Financial Report (CAFR) to Annual Comprehensive Financial Report (ACFR).
Public Comment: None
Motion: Move to adopt Resolution R23-595.
Motion by Council Member Weiss, seconded by Council Member McDonough
Vote: 7-0. Motion carried.
8. A Resolution Authorizing the Execution of an Agreement to Contribute Funds and
Designation of the Texas Department of Transportation as the Agency Responsible for
the Development and Maintenance of State Highway 194 and Appropriating the
necessary Funds (Resolution R23-596)
Presenter: Tim Crosswhite, Capital Improvement Program Manager
The Texas Department of Transportation(TxDOT) will be reconstructing State Highway
194 (Quincy Street) from SW 3rd Street to Interstate 27. The Texas Transportation Code
§§ 201.103 and 222.052 establish that the State shall design, construct, and operate a
system of highways in cooperation with local governments. When the Local Government
seeks funding from the State for reimbursement costs of utility relocations through a joint
participation agreement, they are required to contribute up to 10% of that cost to the State
Highway Fund for the cost of acquiring the right of way and relocating or adjusting utilities
for the proper improvement of the State Highway System.
The total cost that TXDOT will consider reimbursable to the City for the utility relocations
along State Highway 194 is $902,978. The City is required to contribute $90,297.90 or
10% of that cost to the State.
Public Comment: None
Motion: Move to approve Resolution R23-596.
Motion by Council Member House, seconded by Mayor Pro Tern Blackerby
Vote: 7-0. Motion carried.
9. Consider approval of the Utility Agreement between the City of Plainview and the
Texas Department of Transportation (TxDOT) for the Quincy Street Utility Relocations
and authorize Mayor to sign the necessary documents.
Presenter: Tim Crosswhite, Capital Improvement Program Manager
The Texas Department of Transportation (TxDOT) will be reconstructing State Highway
194 (Quincy Street) from SW 3rd Street to Interstate 27. In accordance with the Texas
Administrative Code and TxDOT Right of Way Utility Manual, utilities underneath State
and Federal Road Systems are typically required to be relocated, adjusted and/or
removed when major improvements to a State Highway are planned. The new utility
City Council Minutes February 28, 2023 Page 4 of 5
248 crossings are cased which allows the utility to pull new lines through the casing without
disturbing the road in the event of a failure.
This Standard Utility Agreement between the City of Plainview and TxDOT will reimburse
the City for the water line relocations identified as reimbursable. The total project includes
reconstructing 1,446 linear feet of water line crossings and relocating approximately 6,937
linear feet of water line out from under TxDOT roadway. The total estimated cost of the
construction project is $2,224,039. TxDOT will reimburse the City an amount between
40.60% and 44.23% of the utility relocations that were identified as reimbursable.
Public Comment: None
Motion: Move to approve the Utility Agreement for the Quincy Street Relocations
and authorize Mayor to sign the necessary documents
Motion by Mayor Pro Tern Blackerby, seconded by Council Member Martinez
Vote: 7-0. Motion carried.
10. A Resolution of the City Council of the City of Plainview Authorizing the Submittal
of an Application for State Participation in the Relocation of Certain Publicly -Owned Utility
Facilities of the City of Plainview in Cooperation with the Texas Department of
Transportation State Highway 194 Reconstruction Project (ROW CSJ: 0429-05-027)
(Resolution R23-598)
Presenter: Jeffrey Snyder, City Manager
This last Resolution is another program to receive additional funds toward the $2.2
million. This Resolution authorizes to submit application for new program with TxDOT.
Public Comment: None
Motion: Move to adopt Resolution R23-598.
Motion by Council Member McDonough, seconded by Council Member Weiss
Vote: 7-0. Motion carried.
12. Adjournment
Meeting adjourned at 7:39 p.m.
4ZL
Belinda Hinojosa
City Secretary
City Council Minutes February 28, 2023 Page 5 of 5