HomeMy WebLinkAbout11 1213 minThe Plainview City Council met on December 13, 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 4:50 p.m. on December 9, 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, Wendell Dunlap- District 6 and
Roland Nash - District 7. Councilmember Ron Trusler- District 5 was absent.
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, Delwin Derrick -Chief Building Official, Rusty Powers -Fire Chief, Daniel
Born - Information Technology Specialist, Sarianne Beversdorf- Director of Finance and
Belinda Hinojosa -City Secretary.
News Media Present: Jessica Thornton - Plainview Herald
Guests Present: Jerry Wofford, Ross Owen, Ricky Mason and Kevin Carter
Councilmember V. O. Ortega 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 November 8, 2011,
November 17, 2011 and December 8, 2011; the granting of an excused absence to
Councilmember Ron Trusler; approval of the financial reports; ratify the Mayor's
reappointment of Brandon Brownlee and Mario Landeros to the Plainview Housing
Authority with said terms to expire on January 1, 2014; the purchase of a landfill
compactor from Warren Cat in Lubbock, Texas in the amount of $346,585.00 through
BuyBoard; authorize Mayor to sign Texas Department of Transportation Airport Project
Participation Agreement TxDOT CSJ No. 12MPPLAIN; approval of Resolution R11 -257,
a Resolution of the City Council of the City of Plainview, Texas, Designating
Depository/Authorized Signatories for Contractual Documents Pertaining to the Texas
Community Development Block Grant Program Contract Number 711371; approval of
the Agreement for Airport Management Services between the Plainview /Hale County
Airport Board and Stacie Hardage; award of bids for Seven 2012 Police Sedan Vehicles
to Caldwell Chevrolet in the amount of $142,702; the Award of bids for One 2012 3 /4 Ton
Long Wheel Base Cab and Chassis with Utility Body Pick -Up Truck to Caldwell Country
Chev -Ford in the amount of $23,776.00; and award of bids for Two New Conventional
Cab and Chassis Trucks with a 6 to 8 cubic yard Dump Body to Houston Freightliner,
Inc. in the amount of $153,062.00.
Mr. Ross Owen, President of the Plainview /Hale County Industrial Foundation
presented the Plainview /Hale County Industrial Foundation Annual Report.
Councilmember Charles Starnes arrived at 7:16 p.m.
Mr. Greg Ingham, City Manager presented for consideration Resolution R11 -255, a
Resolution of the City Council of the City of Plainview, Texas, Casting Votes for the
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Hale County Appraisal District Board of Directors. The City nominated Buddy McGehee
and City staff recommends all 1,433 votes be given to Buddy McGehee.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to adopt Resolution R11 -255 with 1,433 votes cast for
Buddy McGehee. The motion was duly seconded by Councilmember Dunlap and
carried by unanimous vote.
Mrs. Sarianne Beversdorf, Director of Finance presented for consideration Resolution
R11 -256, a Resolution of the City of Plainview Stating the City Council has Reviewed
and Adopted an Investment Policy in Compliance With the Public Funds Investment Act
Located at Texas Government Code, Chapter 2256. There are no changes from last
year. The purpose of the investment policy is to comply with all local law and the Public
Funds Investment Act which requires each entity to adopt a written investment policy
regarding the investment of its funds and funds under its control. Investments are made
with the primary objectives of: safety and preservation of principal; maintenance of
sufficient liquidity to meet operating needs; public trust from prudent investment
activities; and optimization of interest earnings on the portfolio. The authorized
investments are: (1) obligations of the United States of America, its agencies and
instrumentalities; (2) Certificates of Deposit; (3) full collateralized direct repurchase
agreements; (4) money market mutual funds; and (5) local government investment
pools.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to approve Resolution R11 -256. The motion was duly
seconded by Councilmember Waggoner and carried by unanimous vote.
Mayor Anderson presented for consideration on second reading Ordinance No. 11-
3567, an Ordinance Amending the Zoning Map of the City of Plainview by Issuance of a
Specific Use Permit to Operate a Place of Worship in a Residential (R -1) Zoning
District, said Parcel being 2800 W. 11th Street of the Brandes PIv Addition, Block 1,
Lots 1 -3, City of Plainview, Hale County, Texas; Cumulativeness Clause; Conflicts
Clause; Severability Clause; and Effective Date. Since this was the second of two
readings, the Council chose to forego staff briefing and asked for public comment.
There was no public comment.
Councilmember Dunlap moved to adopt Ordinance No. 11 -3567 on second reading.
The motion was duly seconded by Councilmember Garcia and carried by unanimous
vote.
Chief Mull presented for consideration to take necessary action regarding Law
Enforcement Mutual Assistance Agreement between the City of Plainview and Wayland
Baptist University. Councilmember Starnes has filed a conflict of interest in the matter
and will refrain from discussing or voting on this matter.
Chief Mull stated this agreement is with Wayland Baptist University to facilitate
cooperation in the investigation of criminal activity and enforcement of the laws of this
state and to assist in providing law enforcement officers and resources to protect the
health, life and property of the residents, personnel and visitors to WBU. The
assistance will be for one year and the agreement will automatically renew for one year.
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Either party may terminate the agreement with 30 days notice. This will be signed by
the governing body of the City and WBU.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to adopt the Agreement. The motion was duly seconded
by Councilmember Ortega and carried by a vote of 6 for the motion and one abstention.
Mr. Mike Gilliland, Director of Public Works presented to consider and take necessary
action regarding Combination Plat of Wofford Subdivision out of the West Half of Survey
27, Block JK -2, Hale County, Texas. This is for a development of three acres on the
west side of Plainview. The development includes extension of public water and sewer.
All paperwork is in order. This was approved by the Planning and Zoning Commission
by unanimous vote.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Starnes moved to approve the Combination Plat. The motion was duly
seconded by Councilmember Waggoner and carried by unanimous vote.
Mr. Delwin Derrick, Chief Building Official presented for consideration on first reading
Ordinance No. 11 -3568, an Ordinance Amending the Zoning Map of the City of Plainview,
Texas for Rezoning from an Agriculture (A) Zoning District to a Multifamily -2 (MF -2) Zoning
District Said Parcel Being Wofford Subdivision, City of Plainview, Hale County, Texas the
Same Being Located in the General Area of the 1500 Block of Mesa Drive, City of
Plainview, Hale County, Texas; Cumulativeness Clause; Conflicts Clause; Severability
Clause; And Effective Date. This has been taken to the Planning and Zoning Commission
for approval and they recommend sending it to the Council for approval. This is rezoning
this property from agriculture to multifamily 2. There are seven lots with quadraplexes on
each lot, approximately 28 units. Staff recommends approval.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Waggoner moved to approve Ordinance No. 11 -3568 on first reading.
The motion was duly seconded by Councilmember Ortega and carried by unanimous vote.
Mayor Anderson announced that this would be considered for second reading on
December 20 at 12:00 noon.
Ms. Leslie Pearce, City Attorney presented for consideration Resolution R11 -258, a
Resolution of the City Council of the City of Plainview, Texas, Approving the Request of
Wal -Mart Stores, Inc. that Participation Costs for the Mesa Drive Improvements not be
Collected on their Behalf in Accordance with the City of Plainview Code of Ordinances,
Chapter 25, Article III, Division 1, Connection to and Extension of Water and Sewer
Main; and the Public Purpose Served is to Encourage and Promote Economic
Development Within the City of Plainview, Texas. This resolution is to confirm the
agreement attached to the resolution. Walmart sent this to the city regarding Jerry
Wofford's property. In exchange for dedication of property, he would not have to pay for
participation costs. Our ordinance requires us to collect from Wofford and send the
money to Wal -Mart, which in turn Wal -Mart would end up giving the money back to Mr.
Wofford. She encouraged the Council to pass the resolution.
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66 Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to approve Resolution R11 -258. The motion was duly
seconded by Councilmember Dunlap and carried by unanimous vote.
Ms. Pearce presented for consideration Resolution R11 -259, a Resolution of the City
Council of the City of Plainview, Texas, Approving the Request of Jerry Wofford, Inc.
that Future Participation Costs for the 15 Street Extension for Wofford Subdivision
Improvements not be Collected on their Behalf in Accordance With the City of Plainview
Code of Ordinances, Chapter 25, Article III, Division 1, Connection to and Extension of
Water And Sewer Main; And The Public Purpose Served Is To Encourage And Promote
Economic Development Within The City Of Plainview, Texas. She stated this is
basically the back side of this. Jerry Wofford has basically done the same thing with
First Christian Towers as in the prior resolution. We will honor that agreement with
them if at a later time the property were developed. Staff recommends approval.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Dunlap moved to approve Resolution R11 -259. The motion was duly
seconded by Councilmember Waggoner and carried by unanimous vote.
Mr. Ingham stated we are not quite ready to proceed with considering new water rate
structure and asked that this item be pulled from the agenda. He did add that the rates
approved in September would go into effect.
Mayor Anderson announced that this item would be removed from consideration by
general consent.
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]. Appointments to the following boards and commissions:
Airport Board, Board of Adjustment, Board of Minimum Housing Standards, Board of
Health, Library Board, Main Street Program/Tourism Coordinating Board, Parks
Advisory Board, Planning & Zoning Commission, Civil Service Commission and
Runningwater Draw Retired & Senior Volunteer Program Community Advisory Group;
and per Sec. 551.071 — Consult with attorney on a matter in which the attorney's duty to
the government body under the Texas Disciplinary Rules of Professional Conduct
conflicts with the open meeting statutes and about pending or contemplated litigation or
settlement of same relating to SPS. The motion was duly seconded by Councilmember
Dunlap and carried by unanimous vote.
Mayor Anderson recessed the meeting at 7:48 p.m.
Mayor Anderson called the meeting back in open session at 8:45 p.m.
Councilmember Starnes moved to:
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a) Reappoint Bill Cross to the Airport Board as the Joint City /County representative
with said term to expire on January 1, 2016;
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b) Reappoint Mark Hardin and Kevin Carter to the Board of Adjustment with said
terms to expire on January 1, 2014;
c) Reappoint Mark Hardin & Gerardo Rodriguez to the Board of Adjustment with
said terms to expire on January 1, 2014;
d) Reappoint Dr. Ruth Rector - Wright and Nancy Cox to the Board of Health with
said terms to expire on January 1, 2014;
e) Appoint Juan Escamilla to the Civil Service Commission with said term to expire
on January 1, 2016;
f) Appoint David H. Barrett, Stephanie James and Melissa Wilkinson to the Library
Board with said terms to expire on December 31, 2015;
g) Appoint Janice Payne and to reappoint Patric Jernigan to the Main Street
Program/Tourism Coordinating Board with said terms to expire on January 1,
2014;
h) Reappoint Phyllis Wall to the Parks Advisory Board with said terms to expire on
January 1, 2016;
i) Appoint Mark Hardin and Jerry Rodriguez as members to the Planning & Zoning
Commission with said terms to expire on January 1, 2014;
j) Reappoint Kevin Sweeney as member to the Planning & Zoning Commission
with said term to expire on January 1, 2014;
k) Appoint Brent Patton and Rick Burke as alternates to the Planning & Zoning
Commission with said terms to expire on January 1, 2014;
I) Reappoint Margie Coen, Rosie Rendon, Alice Rey, Carmie Hill and Mary Parrish
to the Runningwater Draw Retired & Senior Volunteer Program Community
Advisory Group with said terms to expire on December 31, 2014.
The motion was duly seconded by Councilmember Nash and carried by unanimous
vote.
There being no further business, Mayor Anderson adjourned the meeting at 8:47 p.m.
/
Belinda Hinojosa
City Secretary
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