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The Plainview City Council met on April 14, 2009 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 4:55 p.m. on April 10, 2009. Mayor John C. Anderson
presided. Councilmembers present were: Kelvin Tipton-District 1, Cathy Waggoner-
District 2, Belinda Pena-District 3, John N. Bertsch-District 4, Ron Truster-District 5,
Wendell Dunlap-District 6 and Roland Nash-District 7.
Staff members present were: Greg Ingham-City Manager, Mike Gilliland-Director of
Public Works, Leslie Pearce-City Attorney, Will Mull-Police Chief, Dale Simpson-
Director of Civil Service, Eric Turner-Main Street Coordinator, Rusty Reese-Parks
Superintendent, Arthur Wall-Streets Superintendent, Jack Keller-Budget Manager and
Belinda Hinojosa-City Secretary.
Guests Present: Richard Purcell, David Purcell, Chris Williams, Michael Cox,
Dorothy "Dot" McDowell, Shawn Huber and Charles N. Starnes
News Media Representative: Tommy Young-Plainview Daily Herald
Councilmember Cathy Waggoner delivered the invocation and led in the Pledge of
Allegiance.
Mayor Anderson presented a proclamation declaring May 7, 2009 as Plainview, Texas'
National Children's Mental Health Awareness Day to Michael Cox from Central
Plains Center.
Councilmember Dunlap moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Waggoner and carried by unanimous vote. Items
approved on the consent calendar included the approval of the minutes of March 10,
2009, March 13, 2009, March 19, 2009 and April 9, 2009.
Greg Ingham, City Manager stated that representatives from the Rotary Club
approached the Parks Advisory Board about the possibility of putting in a disc golf
course in Regional Park. The Rotary would pay for the equipment and the City would
assist in installation of the equipment.
Mr. Ingham introduced Dr. Charles Starnes, the President of the Rotary Club and
Professor of Finance at Wayland Baptist University. He stated that the Rotary Club
would like to construct a quality disc golf course as a gift to the citizens of Plainview,
students of Wayland Baptist University and the residents of the area. They consulted
the Parks Advisory Board who has recommended construction at Runningwater Draw
Regional Park. They have consulted professional engineers regarding the safety of the
proposed course layout and have obtained quality durable equipment. The layout
utilizes low use areas of the park and stays clear of picnic areas, recreation areas,
children's playgrounds and other areas used by non-players. The course is an
enhancement to the park and will bring in many additional visitors. He introduced
Richard Purcell, the engineer of the project and Shawn Huber.
Mayor Anderson asked for additional public comment. There was none
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Councilmember Trusler moved to approve the request from the Rotary Club. The
motion was duly seconded by Councilmember Tipton.
The Council asked questions regarding the logistics of disc golf. They were advised
that the disc used is similar to a Frisbee but a little different and that there are different
sizes. The Council was also advised that the course would meet the requirements of
the Professional Disc Golf Association and that the course is expected to receive an
"elegant" rating. Shawn Huber of 1304 Itasca stated use of the course would be based
on an honor system and that the scoring is similar to the golf scoring. The course is
expected to be in operation within a couple of weeks. The Council also expressed
concern about vandalism. He was advised that the poles would be cemented and the
baskets would be padlocked in place.
The motion carried unanimously.
Mr. Ingham presented for consideration on first reading Ordinance No. 09-3513, an
Ordinance of the City Council of the City of Plainview, Texas: Extending the Existing
Electric Franchise Ordinance in Favor of Xcel Energy, Pending Adoption of a New
Franchise Agreement; Extending Ordinance No. 08-3508 Continuing the Existing
Franchise and Providing for a Continued Increase in Franchise Fees Payable to the
City; Providing for Severability; Providing for Repealer; Providing for Publication and
Effective Date. He stated that we are close to reaching an agreement on the new
franchise agreement between the City and Xcel Energy; we still have a few points that
must be finalized. We have had a couple of other matters that have taken precedence
recently so staff is asking the Council to extend the interim franchise agreement for
another three months. He stated Xcel is in agreement of this extension.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Pena moved to approve Ordinance No. 09-3513 on first reading. The
motion was duly seconded by Councilmember Nash and carried by unanimous vote.
Leslie Pearce, City Attorney presented for consideration Resolution R09-196, a
Resolution Authorizing the Mayor to Execute all Documents Necessary to Sign a Tax
Resale Deed on Real Property Located at Lot Four (4), Block Ten (10), Depot Addition,
City Of Plainview, Hale County, Texas Previously Transferred in Accordance with Texas
Property Tax Code, Section 34.05, but not filed in the Hale County Clerk's Records.
She stated 19 years ago, a Sheriff's sale was held. The County, Plainview Independent
School District and the City all agreed to transfer this property. The deed was never
filed of record and this corrected deed corrects title to the property. The property is
located at 1209 N. Date. The County has passed approval and the School District will
be considering the item on Thursday night.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Trusler moved to approve Resolution R09-196. The motion was duly
seconded by Councilmember Dunlap. Councilmember Pena abstained from voting.
The motion carried with Mayor Anderson, Councilmembers Tipton, Waggoner, Bertsch,
Trusler, Dunlap and Nash voting "for" the motion.
Mike Gilliland, Director of Public Works presented for consideration to award bids for
asphalt and authorize Mayor to execute necessary agreements. He stated on April 2nd
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he opened sealed bids. Western Emulsions submitted an alternate bid. He stated we
were not familiar with this product and it is his recommendation that we go out for a
request for proposal. He stated a bid would lock in the fixed price, but a proposal gives
the best guess of what the product will cost through the summer months. He stated
asphalt is a refining and gas product and that market is fluctuating right now and also
there is an exceedingly amount of construction going on right now which affects the
price and availability of asphalt right now.
Mayor Anderson asked for public comment. There was no public comment. Mayor
Anderson moved to reject all bids and move forward with asking for a request for
proposal. The motion was duly seconded by Councilmember Tipton and carried by
unanimous vote.
Mr. Gilliland presented for consideration the award of bids for rock and authorize
Mayor to execute necessary agreements. Two bids were received as follows:
a) Vega Sand & Gravel Co. in the amount of $31.50 per ton for 3,200 tons for a total
of $100,800.00; and
b) J. Lee Milligan, Inc. in the amount of $40.80 per ton for 3,200 tons for a total of
$130,560.00.
He mentioned that the City has the option to purchase 20% more or less of the product.
He stated he recommends the City award the bid to Vega Sand & Gravel Co.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to accept the bid of Vega Sand & Gravel Co. in the
amount of $31.50 per ton. The motion was duly seconded by Councilmember Bertsch.
The Council was advised that the price included delivery of the product. They were also
advised that less than 20% of the City streets would receive resurfacing. The City
would resurface four miles of City streets. Parkhill Smith & Cooper did a street index to
identify which streets needed resurfacing. Residential streets require resealing every
seven years; while thoroughfares require resealing every four to five years.
The motion carried unanimously.
Mayor Anderson moved to go into a 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: Runningwater Draw RSVP Advisory Board and Building Trades and
Fire Code Board of Appeals. The motion was duly seconded by Councilmember
Truster and carried by unanimous vote. Mayor Anderson recessed the meeting at 7:45
p.m.
Mayor Anderson called the meeting back in open session at 7:54 p.m.
Councilmember Bertsch moved to appoint Mickey Sprous to the Runningwater Draw
RSVP Board to fill the unexpired term of John Perry with said term to expire on
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December 31, 2009. The motion was duly seconded by Councilmember Tipton. There
was no public comment. The motion carried unanimously.
Councilmember Dunlap moved to reappoint Tilman Reagan to the Building Trades/Fire
Code Appeals Board with said term to expire on January 1, 2013. The motion was duly
seconded by Councilmember Truster. There was no public comment. The motion
carried unanimously.
There being no further business, Mayor Anderson adjourned the meeting at 7:56 p.m.
Belinda Hinojosa
City Secretary
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