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The Plainview City Council met on November 27, 2012 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 4:25 p.m. on November 21, 2012. Mayor Wendell Dunlap
presided. Councilmembers present were: Charles Starnes - District 1, Cathy Waggoner -
District 2, David Garcia - District 3, V. O. Ortega- District 4, Shane Martinez- District 5,
Lionel Garcia - District 6 and Eric Hastey- 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, Todd
Kennemer- Community Development Manager, Sarianne Beversdorf- Director of
Finance, Will Mull - Police Chief, Rusty Powers -Fire Chief, Daniel Born - Information
Technology Specialist and Belinda Hinojosa -City Secretary.
News Media Present: Jessica Thornton - Plainview Herald
Guests Present: Vance Scoggin, Kevin Carter, John N. Bertsch and Jesus Garrocho
Councilmember Shane Martinez delivered the invocation and led in the pledge of
allegiance.
Councilmember V. O. Ortega moved to adopt the consent calendar. The motion was
duly seconded by Councilmember Cathy Waggoner and carried by unanimous vote.
Items approved on the consent calendar included the approval of the minutes of
October 23, 2012 and approval of Resolution R12 -278, a Resolution of the City Council
of the City of Plainview, Texas, Approving The Request Of The Plainview Chamber Of
Commerce to Host the 2012 Annual Plainview Chamber of Commerce Christmas
Parade; Authorizing the Filing of the Agreement for the Temporary Closure of State
Right -Of -Way with the Texas Department of Transportation for this Annual Parade;
Declaring that the Event Serves a Public Purpose; and Agreeing to Comply with
Regulations.
Greg Ingham, City Manager presented information on Public Hearing on request to
annex 54.77 acres out of the N.W. part of N.E. '/a Survey No. 37, Block JK -2, Hale
County, Texas, which is located at 5205 North Interstate 27. The Zeini Group LLC has
asked the City to annex approximately 54.77 acres of their property located at 5205
North Interstate 27. City staff has prepared a preliminary service plan. The Zeini Group
LLC owns the property and will be the landlord of their sister company Andalucia Nuts,
which is currently in the process of opening a peanut processing division in the facility.
Mr. Jesus Garrocho, local representative is present at this meeting.
Councilmember Garcia moved to open a public hearing on a request to annex 54.77
acres out of the N.W. part of N.E. '/a Survey No. 37, Block JK -2, Hale County, Texas,
which is located at 5202 North Interstate 27. The motion was duly seconded by
Councilmember Martinez and carried by unanimous vote.
Jesus Garrocho representing Zeini Group stated the sister company that will be
occupying the property is Andalucia Nut. This request for annexation was submitted
mid June of this year. The address is 5205 N. 1 -27 formally the US Fiberglass building.
They are in the process of making some corrections to the building. The primary reason
City Council Minutes
November 27, 2012
Page 1 of 7
for coming to Council is because of water issue. In a food manufacturing facility, water
is of an utmost concern and they would feel more comfortable using water from the City
rather than well water.
No further public comment was received. Councilmember Waggoner moved to close
the public hearing. The motion was duly seconded by Councilmember Starnes and
carried by unanimous vote. The public hearing was closed at 7:15 p.m.
Mayor Dunlap announced that another public hearing will be held on December 11,
2012 at 7:00 p.m. in the City Council Chambers at City Hall, 901 Broadway.
Mr. John Bertsch, First Vice President and Mr. Kevin Carter, Executive Director of
Plainview /Hale County Industrial Foundation presented the Plainview Hale County
Industrial Foundation Annual Report.
Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Martinez moved to accept the report. The motion was duly seconded
by Councilmember Lionel Garcia and carried by unanimous vote.
Mr. Jeffrey Snyder, Assistant City Manager presented for consideration on first reading
Ordinance No. 12 -3586, an Ordinance Amending the Zoning Map of the City of Plainview
for Rezoning From an Office CO") Zoning District to a Single Family Residential ( "R -2 ")
Zoning District, Said Parcels Being Lots 7 -8, Block 86 of the Alexander and Westmoreland
Addition, City of Plainview, Hale County, Texas, the Same Being 701 Galveston Street;
Cumulativeness Clause; Conflicts .Clause; Severability Clause; and Effective Date. On
October 25th, the Planning and Zoning Commission reviewed Zone Case 833 which is
the request of Brian Moon, on behalf of Wells Fargo Home Mortgage, for the rezoning
from an Office ("0") Zoning District to a Single Family Residential ( "R -2 ") Zoning District
for Lots 7 -8, Block 86 of the Alexander and Westmoreland Addition, City of Plainview,
Hale County, Texas, the same being 701 Galveston Street.
This property was converted to an Office Zoning District when the 1989 Zoning Map and
Ordinance were adopted. This property has existed as a legal nonconforming use since
then, it has been occupied as a residence in the past but the property has been vacant
for longer than six months and therefore has lost its legal nonconforming use status and
reverts back to the requirements of the Office Zoning classification and cannot be used
as a residence. If the rezone request were approved, Mr. Moon will be able to occupy
this property as his residence.
The Commission has determined that this request met the criteria for rezoning and
recommended approval to the City Council.
Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Starnes moved to adopt Ordinance No. 12 -3586 on first reading. The
motion was duly seconded by Councilmember Ortega and carried by unanimous vote.
Mayor Dunlap announced that Councilmember Eric Hastey has declared a conflict of
interest on the following matter and will refrain from commenting or voting on the matter.
He presented for consideration on first reading Ordinance No. 12 -3587, an ordinance
Amending the Zoning Map of the City of Plainview, Texas for the Rezoning From a Single
Family Residential ( "R -1 ") Zoning District to a Commercial General Business ( "C -3 ")
City Council Minutes
November 27, 2012 Page 2 of 7
159
160 Zoning District Said Parcels Being a 1.07 Acre Tract, of Which 0.33 Acres are out of the
NW Part of Lot C and 0.74 Acres are out of the SW Part of Lot D, Block 88, College Hill
Addition, City Of Plainview, Hale County, Texas; the Same Being 3110 W. 7th Street;
Cumulativeness Clause; Conflicts Clause; Severability Clause; and Effective Date. On
October 25th, the Planning and Zoning Commission reviewed Zone Case 834, the
request of Muddy Frog, a Limited Liability Corporation, for the rezoning from a Single
Family Residential R -1 Zoning District to a Commercial General Business C -3 Zoning
District located at 3110 W. 7 Street. Mrs. Peterson, owner of Hometown Pharmacy,
has requested the rezoning of this property, which is located north of Happy Sate Bank
at the corner of Ennis and 7th Street, for the construction of a pharmacy in the near
future. The Commission determined that this request has met the criteria for rezoning
and recommends approval to the City Council.
Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Ortega moved to adopt Ordinance No. 12 -3587 on first reading. The
motion was duly seconded by Councilmember Starnes. Mayor Dunlap,
Councilmembers Starnes, Waggoner, David Garcia, Ortega, Martinez and Lionel Garcia
voted "for" the motion and Councilmember Hastey abstained from voting.
Mayor Dunlap presented for consideration on first reading Ordinance No. 12 -3588, an
Ordinance Amending the Zoning Map of the City of Plainview by Issuance of a Specific
Use Permit to Operate a Portable Building Sales Business in the Heavy Industrial ( "M -2 ")
Zoning District, Said Parcel Being Lots 7 -9, Block 11 of the McClelland Addition, City of
Plainview, Hale County, Texas, the Same Being 703 East Fifth Street; Cumulativeness
Clause; Conflicts Clause; Severability Clause; and Effective Date. On October 25th, the
Planning and Zoning Commission reviewed Zone Case 835, the request of Charles
Humphreys for a Specific Use Permit to operate a Portable Building Sales Business in
the Heavy Industrial M -2 Zoning District, said parcel being Lots 7 -9, Block 11 of the
McClelland Addition, City of Plainview, Hale County, Texas, the same being 703 East
5 Street. The Portable buildings Sales is a permitted use in the Heavy Industrial
Zoning District through the specific use permit process. The Planning and Zoning
Commission has determined that Mr. Humphreys has met all of the requirements of a
specific use permit as specified in the Zoning Ordinance and recommends approval to
the City Council.
Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Waggoner moved to adopt Ordinance No. 12 -3588 on first reading.
The motion was duly seconded by Councilmember Garcia and carried by unanimous
vote.
Mr. Ingham presented for consideration Resolution R12 -279, a Resolution by the City of
Plainview, Texas, Authorizing Refunding of Canadian River Municipal Water Authority
Contract Revenue Bonds, Series 2005 (Conjunctive Use Groundwater Supply Project).
The Canadian River Municipal Water Authority's (CRMWA) financial advisor, George
Williford with First Southwest Company brought it to the Board of Directors attention that
there was a potential to save a significant amount of money if the Series 2005 Bonds
are refunded. This is similar to refinancing your home at a lower interest rate to save
money.
Given the fact the bond market is constantly moving and there is a possibility that we
could see interest rates start increasing they wanted the Board to consider the
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November 27, 2012 Page 3 of 7
possibility of refunding and, if the Board chose to move forward with the refunding
process to set it up as what is called a `parameter sale'. The CRMWA Board, with the
approval of the member cities, is basically giving their financial advisor the authority to
watch the market, and if certain parameters in terms of savings are met, they can go
ahead and do the refunding. If the preapproved parameters for savings are not met,
there will be no refunding issue.
For a typical refunding issue, 3% in present value savings is identified as acceptable.
However, this will be an advanced refunding so the costs associated with the refunding
will be higher. Mr. Williford advised the Board that they recommended a minimum
present value savings of 5.9% as the trigger or parameter. At that level the savings to
the Authority would be about $3,000,000 over the remaining life of the bonds or about
$250,000 a year. For Plainview the savings would be $9,200 a year.
Staff recommends approval of the Resolution authorizing CRMWA'to proceed with the
Refunding of the 2005 Contract Revenue Bond Issue.
Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Martinez moved to adopt Resolution R12 -279. The motion was duly
seconded by Councilmember Waggoner. The motion carried by unanimous vote.
Mr. Rusty Reese, Parks Superintendent presented for consideration to award bids for
one new and unused 3 /4 ton heavy duty, regular cab, LWB pick -up with utility body. The
following bids were received:
a) Caldwell Country Ford /Chevrolet - $24,951.00;
b) Gene Messer Chevrolet - $26,950.00; and
c) Reagor Dykes Ford - $28,652.50.
Staff recommends the bid be awarded to the lowest bidder, Caldwell Country. The
budgeted amount is $28,000.00.
Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Ortega moved to award the bid to Caldwell Country in the amount of
$24,951.00. The motion was duly seconded by Councilmember David Garcia and
carried by unanimous vote.
Mr. Reese presented for consideration to award bids for two new and unused full size 1/2
ton, regular cab, short wheel base pick -ups. The following bids were received:
a) Caldwell Country Ford /Chevrolet - $16,782.00 each for a total of $33,564.00;
b) Reagor -Dykes Ford - $18,427.75 each for a total of $36,855.50; and
c) Gene Messer Chevrolet - $18,600.00 each for a total of $37,200.00.
The budgeted amount for the code enforcement pickup is $25,000 and $23,500 for the
meter reader pickup. Staff recommends the bid be awarded to the lowest bidder,
Caldwell Country.
Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Waggoner moved to award the bid to Caldwell Country in the amount of
$33,564.00. The motion was duly seconded by Councilmember Hastey.
City Council Minutes
November 27, 2012 Page 4 of 7
161
162
Councilmember Ortega asked if the vehicle for the meter reader was a replacement or
an addition. He was advised that it was a replacement vehicle.
Councilmember Lionel Garcia questioned if both of these vehicles had to be full size
pickups. He was advised that in years past the City had experimented with small
vehicles and they didn't stand up to the daily grind.
Mayor Dunlap reminded the Council that if the bid were within the 5% variance, the
Council could award that bid to the local bidder.
Mayor Dunlap asked for a vote on the matter. The motion carried with Mayor Dunlap,
Councilmembers Starnes, Waggoner, David Garcia, Ortega, Martinez and Hastey
voting "for" the motion and Councilmember Lionel Garcia voting "against" the motion.
Mr. Rusty Powers, Fire Chief presented for consideration to award bids for one four
door SUV. The following bids were received:
a) Reagor -Dykes - $33,171.75;
b) Gene Messer Chevrolet - $29,992.00;
c) Randal Reed's Ford - $28,300.00;
d) Caldwell Chevrolet - $29,982.00; and
e) Meador Dodge - $25,630.00.
Staff recommends the bid be awarded to the lowest bidder, Meador Dodge. The
budgeted amount is $31,000.00.
Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Waggoner moved to award the bid to Meador Dodge in the amount of
$25,630.00. The motion was duly seconded by Councilmember Starnes.
Councilmember Lionel Garcia asked why an SUV was needed. He was advised that
the mount and type of electric equipment that is carried in the vehicle. Also it will be the
primary vehicle to send firefighters for training out of town.
Mayor Dunlap asked for a vote on the matter. The motion carried by unanimous vote.
Mr. William Mull, Police Chief presented for consideration to award bids for four police
sedan vehicles. The following bids were received:
a) Reagor -Dykes Auto Company - $24,144.75 each for a total of $96,579.00;
b) Gene Messer bidding Chevrolet Impalas - $24,994.00 each for a total of
$99,976.00;
c) Gene Messer bidding Chevrolet Caprices - $26,215.00 each for a total of
$104,860.00;
d) Randal Reed's Prestige Ford - $22,985.00 each for a total of $91,940.00;
e) Caldwell Chevrolet - $20,421,00 each for a total of $81,684.00; and
f) Meador Chrysler -Jeep - $21,724.00 each for a total of $86,896.00.
Staff recommends the bid be awarded to the lowest bidder, Caldwell Chevrolet. The
budgeted amount is $90,000.00.
City Council Minutes
November 27, 2012 Page 5 of 7
Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Martinez moved to award the bid to Caldwell Chevrolet in the amount of
$81,684.00. The motion was duly seconded by Councilmember Ortega.
Mayor Dunlap asked for a vote on the matter. The motion carried by unanimous vote.
Mr. William Mull, Police Chief presented for consideration to,award bids for one 2013 1
ton full size pick -up. The following bids were received:
a) Reagor -Dykes Auto Company - $23,497.75;
b) Gene Messer - $25,625.00;
c) Randal Reed's Prestige Ford - $22,866.00;
d) Caldwell Chevrolet bidding a Chevrolet Silverado LS - $23,415.00;
e) Caldwell Chevrolet bidding a Chevrolet Silverado LT - $24,347.00; and
f) Meador Chrysler -Jeep - $23,038.00.
Staff recommends the bid be awarded to the local bidder, Reagor Dykes Auto Company
with a 2.70% local bidder variance. The budgeted amount is $25,000.00.
Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Martinez moved to award the bid to Reagor Dykes Auto Company in
the amount of $23,497.75. The motion was duly seconded by Councilmember Ortega.
Mayor Dunlap asked for a vote on the matter. The motion carried with Mayor Dunlap,
Councilmembers Starnes, Waggoner, David Garcia, Ortega, Martinez and Hastey
voting "for" the motion and Councilmember Lionel Garcia voting "against" the motion.
Mrs. Sarianne Beversdorf, Director of Finance, presented for consideration Resolution
R12 -277, a Resolution of City of Plainview, Texas 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 (Vernon's 2010).
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.
The City requires full collateralization of all City funds on deposit with a depository bank.
The collateralization level will be 102% of market value of principal and accrued interest
on the deposits or investments less an amount insured by the FDIC.
City Council Minutes November 27, 2012 Page 6 of 7
163'
164 Mayor Dunlap asked for public comment. There was no public comment.
Councilmember Ortega moved to approve Resolution R12 -277. The motion was duly
seconded by Councilmember Waggoner and carried by unanimous vote.
There being no further business, Mayor Dunlap adjourned the meeting at 8:17 p.m.
Belinda Hinojosa
City Secretary
City Council Minutes
November 27, 2012 Page 7 of 7