HomeMy WebLinkAbout11 0426 minThe Plainview City Council met on April 26, 2011 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 4:45 p.m. on April 22, 2011. Mayor John C. Anderson
presided. Councilmembers present were: Charles Starnes District 1, Cathy Waggoner
District 2, David Garcia District 3, V. O. Ortega- District 4, Ron Trusler- District 5,
Wendell Dunlap- District 6 and Roland Nash District 7.
Staff members present were: Greg Ingham -City Manager, Jeffrey Snyder- Assistant City
Manager, Leslie Pearce -City Attorney, Mike Gilliland- Director of Public Works, Will Mull
Police Chief, Rusty Powers -Fire Chief, Eric Turner -Main Street /CVB Coordinator,
Delwin Derrick -Chief Building Official and Belinda Hinojosa -City Secretary.
News Media Present: Tommy Young and Jessica Thornton Plainview Herald
Guests Present were: Danny Murphree and Claude Lusk
Councilmember Cathy Waggoner 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 Nash and carried by unanimous vote. Items approved on
the consent calendar included the approval of the minutes of April 12, 2011 and April
21, 2011; and the financial reports.
Leslie Pearce, City Attorney presented for consideration to authorize Mayor to sign Letter
of Agreement with Bickerstaff Heath Delgado Acosta LLP in connection with 2011
redistricting. She recommended the City hire this law firm with Bob Heath as lead
attorney. She gave an outline of the events that would be necessary. She stated all the
governmental agencies are working together.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Starnes moved to authorize Mayor to sign Letter of Agreement with
Bickerstaff Heath Delgado Acosta LLP. The motion was duly seconded by
Councilmember Trusler and carried by unanimous vote.
Mayor Anderson announced that Councilmember Starnes has declared a conflict of
interest on the following three items and will refrain from commenting or voting on these
items.
Delwin Derrick, Chief Building Official presented for consideration on second reading,
Ordinance No. 11 -3549, an Ordinance Amending the Zoning Map of the City of Plainview,
Texas For Closing of a Portion of Raleigh Street Between 8 And 9 Streets in the College
Hill Addition to the City of Plainview, Hale County, Texas; Reserving Sewer and Utility
Easement; Repealer; Cumulativeness Clause; Conflict Clause; Severability Clause; and
Effective Date. He stated the water line would remain and that we have the required
easement now.
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April 26, 2011 Page 1 of 3
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500
Councilmember Trusler moved to open a public hearing regarding Ordinance No. 11-
3549 on second reading. The motion was duly seconded by Councilmember Ortega
and carried by a vote of seven "for" the motion with Councilmember Starnes abstaining.
Mayor Anderson asked for public comment. Dr. Claude Lusk of 7309 W. Highway 70
stated Wayland is in favor of closing the street.
Councilmember Ortega moved to close the public hearing. The motion was duly
seconded by Councilmember Nash and carried by a vote of seven "for" the motion with
Councilmember Starnes abstaining.
The public hearing was closed at 7:11 p.m.
Councilmember Ortega moved to approve Ordinance 11 -3549 on second reading. The
motion was duly seconded by Councilmember Waggoner and carried with a vote of
seven "for" the motion with Councilmember Starnes abstaining.
Mr. Derrick presented for consideration on second reading, Ordinance No. 11 -3550, an
Ordinance Amending the Zoning Map of the City of Plainview, Texas for Closing a T -Alley
and any Other Alleys or Public Rights of Way Located on Block 38, College Hill Addition to
the City of Plainview, Hale County, Texas; Repealer; Cumulativeness Clause; Conflict
Clause; Severability Clause; And Effective Date. He stated the alley that would be closing
would be in the middle of Block 38 which is behind the museum and should have been
closed a long time ago. There are no public utilities.
Councilmember Trusler moved to open a public hearing regarding Ordinance No. 11-
3550 on second reading. The motion was duly seconded by Councilmember Dunlap
and carried by a vote of seven "for" the motion with Councilmember Starnes abstaining.
Mayor Anderson asked for public comment. Dr. Claude Lusk of 7309 W. Highway 70
stated he is present representing Wayland Baptist University and they are in favor of
this ordinance.
Councilmember Dunlap moved to close the public hearing. The motion was duly
seconded by Councilmember Garcia and carried by a vote of seven "for" the motion with
Councilmember Starnes abstaining.
The public hearing was closed at 7:17 p.m.
Councilmember Ortega moved to approve Ordinance No. 11 -3550 on second reading.
The motion was duly seconded by Councilmember Waggoner and carried by a vote of
seven "for" the motion with Councilmember Starnes abstaining.
Mr. Derrick presented for consideration on second reading, Ordinance No. 11 -3551, an
Ordinance Amending the Zoning Map of the City of Plainview, Texas for Closing a Twenty
Foot Alley Located Between 8 and 9 Street, Lying Between Lots 4 and 7 -10 Inclusive,
and Lots 3 and 11 -14 Inclusive, and any Other Alleys or Public Rights of Way Located on
Block 35, College Hill Addition to the City of Plainview, Hale County, Texas; Repealer;
Cumulativeness Clause; Conflict Clause; Severability Clause; And Effective Date. He said
this is a request to close the alley between 8 and 9 Most of the lot is pretty cleared off
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and all utility lines are out and Wayland is just waiting on AT &T to get telephone lines out
of alley.
Councilmember Nash moved to open a public hearing regarding Ordinance No. 11-
3551 on second reading. The motion was duly seconded by Councilmember Dunlap
and carried by a vote of seven "for" the motion with Councilmember Starnes abstaining.
Mayor Anderson asked for public comment. Dr. Claude Lusk of 7309 W. Highway 70
stated he is representing Wayland and in favor of this ordinance and on behalf of
Wayland he would like to extend appreciation for everybody's hard work in making this
journey possible.
Councilmember Trusler moved to close the public hearing. The motion was duly
seconded by Councilmember Garcia and carried by a vote of seven "for" the motion with
Councilmember Starnes abstaining.
The public hearing was closed at 7:24 p.m.
Councilmember Waggoner moved to approve Ordinance No. 11 -3551 on second
reading. The motion was duly seconded by Councilmember Garcia and carried by a
vote of seven "for" the motion with Councilmember Starnes abstaining.
Mayor Anderson moved to go into closed meeting to consult with attorney on pending or
contemplated litigation or settlement of same in accordance with Tex. Gov't Code,
Section 551.071. (Police Department). The motion was duly seconded by
Councilmember Ortega and carried by unanimous vote.
Mayor Anderson recessed the meeting at 7:27 p.m.
Mayor Anderson called the meeting back in open session at 7:50 p.m. and announced
that no action would be taken.
There being no further business, Mayor Anderson adjourned the meeting at 7:51 p.m.
Belinda Hinojosa
City Secretary
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