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The Plainview City Council met on April 9, 2002, at 7:00 p.m. in the Council Chambers
of Plainview City Hall, 901 Broadway. The Council met in pre-session at 6:30 p.m. The
agenda for this meeting was posted at City Hall at 11:00 a.m. on April 3, 2002. Mayor
Lloyd C. Woods presided. Councilmembers present were: Mary Jane Shanes-District
2, Rey Rosas-District 3, Mike Hutcherson-District 4, Ross Owen-District 5, and Buddy
McGehee-District 6. Councilmembers absent were Sam Parker-District 1 and Irene
Favila-District 7.
Staff present were: James P. Jeffers-City Manager, John Berry-Director of Public
Works, John Castro-Director of Community Development, Gary Glass-Fire Chief,
William Mull-Chief of Police, Dale Simpson-Director of Civil Service, Wally Hatch-City
Attorney, Elizabeth Regner-Assistant City Manager, and Belinda Hinojosa-City
Secretary.
News media representative p resent were:
Richard Orr-Plainview Daily Herald
Guests present were: Belinda Pena, Raymond Pena, John Bertsch, Lou Balenton,
Tisa Whitfill, Brian Thomas, Charlie Cook, Tommie Quebe, Jill Craig, Matthew Jeffers
and Mike Parker.
Mayor Woods delivered the Invocation.
The Cub Scouts led in the Pledge of Allegiance.
Councilmember McGehee moVed the Consent Calendar be approved with item (e)
being tabled. The motion, duly seconded by Councilmember Rosas, carried by
unanimous vote. Items approved on the COnSent Calendar inCluded: apprOVal of the
minutes of March 26, 2002 and April ~4, 2002; receipt of departmental reportS; and
approval of expenditures. The CoUncil tabled Ordinance No. 02-3322, an Ordinance of
the City of Plainview Exempting Certain Travel Trailers From Ad Valorem Taxation;
Cumulativeness Clause; Conflicts Clause; Severability Clause; And EffeCtiVe Date. The
Council approved upon second reading Ordinance No. 02-3325, an Ordinance of the
City Of Plainview Amending Ordinance No. 01-3300 to Appropriate Funds in the Utility
Fund in the 2001-2002 Budget for Improving the Water' System; Cumulativeness
Clause; Conflicts Clause; SeverabilitY Clause; And Effective Date. This ordinance is to
correct the failure to carry forward the remaining budget balance, which was approved
in 1999-2000 system improvement budget for water wells. The Council approved upon
second reading Ordinance No. 02-3326, an Ordinance of the City of Plainview
Amending Ordinance No. 01-3300 to Appropriate Funds in the General Fund in the
2001 - 2002 Budget for Computer Equipment, Computer Supplies and Software;
Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective Date. The
Council approved upon second reading Ordinance No. 02-3328, an Ordinance of the
City of Plainview Amending Ordinance No. 01-3300 to Appropriate Funds in the General
Fund in the 2001 - 2002 Budget For the Purchase of Two Large Reading Couches;
Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective Date. The
library received $3,646.00 from a Loan Star Libraries Grant and used this money for the
purchase of two kid's large reading couches. The Council approved upon second
reading Ordinance No. 02-3323, an Ordinance of the City Of Plainview Amending
Ordinance No. 01-3300 to Appropriate Funds in the General Fund in the 2001 - 2002
Budget For Revitalization of the Donated Train Depot at 12th and Broadway;
Cumulativeness Clause; Conflicts Clause; Severability Clause; And Effective Date. This
City of Plainview Minutes
April 9, 2002 Page I of 3
ordinance amends the budget to aPpropriate $21,033.00 in the General Fund for
revitalization of the donated train depot's exterior with the understanding that $4,000 will
be reimbursed to the City from the Texas Downtown Association grant after the roof is
completed. The Council approved the reappointment of Sally Meeks and Michael
Hinze to the Health Department Board. The Council approved upon second reading
Ordinance No. 02-3329, an Ordinance of the City of Plainview Designating Alternate
District Polling Place Judges. The Ordinances sets out the alternate polling place
judges for District 1 and 3. The Council approved upon first reading Ordinance No. 02-
3330, an Ordinance Cancelling the May 4, 2002, Regular Election In Districts 2 And
4 And Declaring Each Unopposed Candidate Elected To Office; Cumulativeness
Clause; Conflicts Clause; Severability Clause; and Effective Date. State legislature
allows elections to be cancelled in districts where races are unopposed. Each
candidate will not be officially elected to office until after the May 4th election date. The
Council approved VALIC as an additional option for employees for supplemental
retirement accounts. The City currently also offers Nationwide Retirement Solutions
(PEBSECO) and ICMA. The Council awarded the bids on aerial mosquito spraying
to Everitt Spraying who submitted a bid of $.42 per acre. Other bidders were Roger
Horan-$.50 per acre, S W Aerial Spraying -$.48 per acre and McAdoo Spraying-$.51
per acre.
Mayor Woods presented upon second reading Ordinance No. 02-3327, an Ordinance
Amending the Zoning Map of the City of Plainview By Issuance of a Specific Use Permit
to Operate a Church in a Single Family Residential (R-2) Zoning District Said Parcel of
Land Being Lots 19-20, Block 12, and Lot 1, Block 11, Wye Addition fl4, the Same Being
1700 N Ash Street; Cumulativeness Clause; Conflicts Clause; Severability Clause; And
Effective Date. Mayor Woods moved that the Council approve Ordinance No. 02-3327
upon second reading. The motion duly seconded by Councilmember Owen carried by
unanimous vote.
Mayor Woods presented Ordinance No. 02-3324, an Ordinance of the City Of Plainview,
Texas Providing For Changing the Name of a Portion of Smythe Street to the Harry and
Annette Igo Boulevard; Cumulativeness Clause; Conflicts Clause; Severability Clause;
And Effective Date. Councilmember Shanes moved that Ordinance No. 02-3324 be
approved upon second reading. The motion duly seconded by Councilmember Rosas,
carried by unanimous vote.
Mr. Jim Jeffers, City Manager presented 02-3331, an Ordinance of the City of Plainview
amending Ordinance No. 01-3300 to Appropriate Funds in the 2001-2002 Budget for
operation of the Fair Theatre; Cumulativeness Clause; Conflicts Clause; Severability
Clause; and Effective Date for second reading. He stated a budget of $131,000 had
been set up. This was budget would cover the payment of $32,000 in outstanding debt
of the Fair Theatre board. He stated the City would probably hire a professional
consultant and stated he had currently been in contact with Amarillo Little Theatre. He
did reiterate that no city ad valorem taxes would be used. A small loan from the City
would be used.
The Mayor asked for public comment. Tisa Whitfill of 215 South Itasca, President of the
Plainview Civic Theatre stated she was in support of the City taking over the Fair
Theatre. The Mayor closed the public comment.
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City of Plainview Minutes
April 9, 2002 Page 2 of 3
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Councilmember McGehee expressed concern about the City taking over the Fair
Theatre. He stated he didn't see this as being a proper role for City administration and
he stated the City administration was not equipped or qualified to do such.
Mayor Woods stated he was optimistic about the City taking over the Fair. He
commended Elizabeth Regner and Jim Jeffers for their hard work.
Mayor Woods moved that Ordinance No. 02-3331, an Ordinance of the City of
Plainview amending Ordinance No. 01-3300 to Appropriate Funds in the 2001-2002
Budget for operation of the Fair Theatre; Cumulativeness Clause; Conflicts Clause;
Severability Clause; and Effective Date be approved for second reading. The motion
duly seconded by Councilmember Shanes carried with Mayor Woods, Councilmembers
Shanes, Rosas, Hutcherson and Owen voting "for" the motion and Councilmember
McGehee voting "against."
Mr. John Berry, Director of Public Works presented Case 707: The request of Bobby
and Kenny Kernell for a variance from the platting provisions of the Subdivision
Ordinance ¢/~9-2807 on a tract of land AB 26, Block JK-2 SEC 29 255.05 X 335.7 OUT
OF NWl4 OF HWY 2 ACRES the same being 310 S. IH 27, Plainview, Hale County,
Texas. He stated the Kernell's were requesting to be exempt from the platting process.
He stated the Planning and Zoning Commission had recommended approval of the
request. Councilmember Owen moved that the City approve the request. The motion
duly seconded by Councilmember Hutcherson, carried by unanimous vote.
The Council went into closed session pursuant to Section 551.071 of the Texas Open
Meetings Act, for discussion of pending or contemplated litigation. {Best
Western/Conestoga Inn} Mayor moved the Council into closed session at 7:24 p.m.
The meeting reconvened at 7:41 p.m. Mayor Woods moved the meeting be adjourned.
The motion duly seconded by Councilmember Owen carried by unanimous vote.
The meeting was adjourned at 7:41 p.m.
Belinda Hinojosa
City Secretary
City of Plainview Minutes
April 9, 2002
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