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The Plainview City Council met on April 27, 2010 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 3:40 p.m. on April 22, 2010. Mayor John C. Anderson
presided. Councilmembers present were: Kelvin Tipton- District 1, Cathy Waggoner
District 2, Wendell Dunlap- District 6, and Roland Nash District 7. Councilmembers
Belinda Pena District 3, John N. Bertsch- District 4 and Ron Trusler- District 5 were
absent.
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, Rusty Powers -Fire Chief, Eric Turner -Main Street/CVB
Coordinator and Belinda Hinojosa -City Secretary.
News Media Representative: Deborah Zacher Plainview Daily Herald
Guests present were: David Garcia and Cipriana Garcia
Councilmember Wendell Dunlap delivered the invocation and led in the Pledge of
Allegiance.
Councilmember Dunlap moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Tipton and carried by unanimous vote. Items approved
on the consent calendar included the approval of the minutes of April 13, 2010 and April
22, 2010; the granting of excused absences to Councilmembers Pena, Bertsch and
Trusler; approval of the financial reports and authorizing the Mayor to sign Interlocal
Contract of Purchase between the City of Plainview and the City of Hale Center for the
sale of a street sweeper.
William Mull, Police Chief presented for consideration on first reading Ordinance No. 10-
3526, an Ordinance Creating Chapter 17, Article III, Juvenile Curfews of the Code of
Ordinances of the City of Plainview, Texas Defining Terms; Providing Curfew Hours for
Juveniles; Offenses and Defenses for Juveniles; Penalty for Violation of the Curfew
Ordinance by Juveniles, Their Parents or Guardians, and Owners, Operators and
Employees of Business Establishments of a Fine not to Exceed $500; Repealer;
Severability Clause; Cumulativeness Clause; Conflicts Clause; Effective Date; And
Providing for Publication and Enforcement of Such Ordinance. He stated he is asking
the Council to pass a curfew for anyone under the age of 17. The curfew would be from
12:01 a.m. to 6:00 a.m. daily. This would only affect public property not private
property. This is used as a tool by police officers in controlling juvenile crime. He
presented statistics for 1996, 2006, 2008 and 2009. The curfew has been in place
effective January 1, 2008 but is required to be reviewed every three years.
A violation of the curfew is a Class C misdemeanor. It is unlawful for a juvenile to be in
a public place within the City of Plainview, Texas to be in any motor vehicle operating or
parked in a public place, or to be in or on the premises of any establishment within the
city between the hours of 12:01 a.m. and 6:00 a.m. daily.
Chief Mull stated there are eleven exceptions or defenses to the curfew. The three
most common exceptions are if the student has their parent's permission, any school
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activities or if the student has employment activities. 395
Councilmember Tipton moved to open a public hearing on Ordinance No. 10 -3526. The
motion was duly seconded by Councilmember Waggoner and carried by unanimous
vote.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to close the public hearing. The motion was duly
seconded by Councilmember Tipton and carried by unanimous vote. The public
hearing was closed at 7:15 p.m.
Councilmember Dunlap moved to approve Ordinance No. 10 -3526 on first reading. The
motion was duly seconded by Councilmember Nash and carried by unanimous vote.
Mayor Anderson introduced Ordinance No. 10 -3525 on second reading, an Ordinance
of the City of Plainview, Texas Providing for the Amendment of Ordinance No. 03 -3383
Establishing One Additional Position in the Equipment Operator Classification;
Providing for an Increase in the Number of Personnel in the Equipment Operator
Classification; Severability Clause; Cumulativeness Clause; Conflicts Clause; and
Effective Date. Since this was the second of two readings, the Council chose to forego
the staff briefing and asked for public comment. There was no public comment.
Councilmember Nash moved to approve Ordinance No. 10 -3525 on second reading.
The motion was duly seconded by Councilmember Dunlap and carried by unanimous
vote.
Mayor Anderson moved to go into closed session 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]. Library Board and 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]. City Attorney Evaluation. The motion was duly
seconded by Councilmember Dunlap and carried by unanimous vote. The Mayor
recessed the meeting at 7:20 p.m.
The Mayor called the meeting back in open session at 7:55 p.m.
Councilmember Dunlap moved to appoint Kenna Hatch to the Library Board with said
term to expire on December 31, 2013. The motion was duly seconded by
Councilmember Waggoner. Mayor Anderson asked for public comment. There was no
public comment. The motion carried by unanimous vote.
Mayor Anderson move to give a merit increase to the City Attorney to an annual salary
of $94,000 and to authorize the Mayor to execute a two year contract mirroring the City
Manager contract. The motion was duly seconded by Councilmember Nash. Mayor
Anderson asked for public comment. There was no public comment. The motion
carried unanimously.
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396
There being no further business, Mayor Anderson adjourned the meeting at 7:57 p.m.
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Belinda Hinojosa T
City Secretary
City Council Minutes April 27, 2010 Page 3 of 3