HomeMy WebLinkAbout04 0727 minThe Plainview City Council met on July 27, 2004 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 July 21, 2004. Mayor John C. Anderson
presided. Councilmembers present were: Kelvin Tipton-District 1-, Mary Jane Shanes-
District 2, Belinda Pena-District 3, John N. Bertsch-District 4, Ron Trusler-District 5,
Wendell Dunlap-District 6 and Roland Nash-District 7.
Staff members present were: Greg Ingham-City Manager, John Castro-Director of
Community Services, Wally Hatch-City Attorney, John Berry-Director of Public Works,
Brice Clements-Engineer/Assistant Director of Public Works, Dale Simpson-Director of
Civil Service, Will IVlulI-Police Chief, Gary Glass-Fire Chief, Pat Hernandez-Municipal
Court Judge and Belinda Hinojosa-City Secretary.
Guests present were:
Sandra Murrell, Mark Leach and Brad Snellgrove
News Media Representative: Richard Orr-Plainview Daily Herald
Rev. Brad Snellgrove, Associate Pastor of Harvest Christian Fellowship delivered
the invocation.
Daisy Troop 750 led in the Pledge of Allegiance.
Greg Ingham, City Manager presented a Certificate of Appreciation to Judge Pat
Hernandez for 20 years of service to the City.
Councilmember Dunlap moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Trusler and carried by unanimous vote. Items approved
on the Consent Calendar included: approval of minutes of July 13, 2004 and July 22,
2004 and approval of financial reports. The Council approved upon second reading,
Ordinance No. 04-3420, an Ordinance Providing for the Maintenance of Certain State
Highways and/or Portions of State Highways in the City of Plainview, County of Hale,
Texas, Hereby Referred to as Municipal Maintenance Project and Authorizing the Mayor
of the City or Other Authorized City Official, to Execute and Affix the Corporate Seal and
Attest Same. A Certain Agreement Between the City and the State of Texas; Providing
for the Maintenance and Use of the Said Maintenance Project; and Declaring an
Emergency and Providing that this Ordinance Should be Effective From and After its
Passage; Cumulativeness Clause; Conflicts Clause; and Severability Clause.
Mayor Anderson presented for second reading Ordinance No. 04-3421, an Ordinance
Authorizing Collection Fees in the Amount of 30% of Debts and Accounts
Receivable Such as Unpaid Fines, Fees, Court Costs, Forfeited Bonds, and Restitution
Ordered Paid by a Municipal Court Serving the City, and Amounts in Cases in Which
the Accused has Failed to Appear as Required by Law; Texas Code of Criminal
Procedure; Lawful Order of a Court Serving the City; or as Specified in a Citation,
Summons, or Other Notice Authorized by the Transportation Code When Such Debts,
Accounts Receivable and Amounts are More Than 60 Days Past Due and Have
Been Referred to an Attorney or Other Vendor for Collection; Cumulativeness Clause;
Conflicts Clause; Severability Clause; and Effective Date. Since this was the second of
two readings, the Council chose to forego the staff briefing.
There was no public comment. Councilmember Tipton moved to adopt Ordinance No.
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July 27, 2004 Page 1 of 3
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04-3421 upon second reading. The motion was duly seconded by Councilmember
Shanes and carried by unanimous vote.
Mayor Anderson presented for second reading, Ordinance No. 04-3422, an Ordinance
Amending the Zoning Map of the City of Plainview, Texas For Rezoning From Single-
Family (R-l), to Commercial Retail (C-2) Zoning District Said Parcel Being Lot 8, Block
1, Rowe-Goode Addition, Same Being 1204 Raleigh Street, 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
the staff briefing.
There was no public comment. Councilmember Pena moved to adopt Ordinance No.
04-3422 upon second reading. The motion was duly seconded by Councilmember
Tipton and carried by unanimous vote.
Mayor Anderson presented for second reading, Ordinance No. 04-3423, an Ordinance
Amending the Zoning Map of the City of Plainview By Issuance of a Specific Use
Permit to Operate a Restaurant/Private Club in a General Commercial (C-3) Zoning
District Said Parcel Being Lot 2, Block 1, Wal Mart Super Center Addition, Same Being
1517 North Interstate 27, City pf 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 the staff briefing.
There was no public comment. Councilmember Bertsch moved to adopt Ordinance No.
04-3423 upon second reading. The motion was duly seconded by Councilmember
Trusler and carried by unanimous vote.
Mayor Anderson presented for second reading, Ordinance No. 04-3424, an Ordinance
Amending the Zoning Map of the City of Plainview By Issuance of a Specific Use
Permit to Operate an Arcade in a General Commercial (C-3) Zoning District, Said
Parcel Being Lots 3-4, E30'-5 S70' Of W20'-5, S70' Of 6, Block 46, OT, Same Being
317 W. 6th Street, 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 the staff briefing.
There was no public comment. Councilmember Shanes moved to adopt Ordinance No.
04-3424 upon second reading. The motion was duly seconded by Councilmember
Dunlap and carried by unanimous vote.
Wally Hatch, City Attorney presented Resolution R04-138, a Resolution of the City
Council of the City of Plainview, Texas, Setting the Date, Time and Place of Two Public
Hearings Regarding the Proposed Annexation of a Certain 1.52 Acre Tract out of
Mesa Verde Addition, Unit No. 7 and a 213.225 Acre Tract out of West One-Half of
Section 27, Block Jk-2, Hale County, Texas. He stated this is the first of several
procedures required by state law with regard to an annexation proceeding. The
property is North of the Wal-Mart Supercenter and will be used for the construction of a
strip shopping center. Construction will begin on the property before the annexation
proceedings are completed.
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There was no public comment. Councilmember Trusler moved to approve Resolution
R04-138. The motion was duly seconded by Councilmember Pena and carried by
unanimous vote.
Brice Clements, Engineer presented the Replat of Lot 9, La Mesa Subdivision, Unit
No. 3, Plainview, Hale County, Texas. He stated the property is located on Southwest
5th and Garland near Ennis and Southwest 3rd. The existing plat would be subdivided
into two plats to be used as garden homes. The staff recommends approval.
Councilmember Shanes moved to open the public hearing. The motion was duly
seconded by Councilmember Trusler and carried by unanimous vote.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Tipton moved to close the public hearing. The motion was duly
seconded by Councilmember Bertsch and carried by unanimous vote. The public
hearing was closed at 7:~17 p.m.
Councilmember Shanes moved to approve the Replat of Lot 9, La Mesa Subdivision,
Unit No. 3, Plainview, Hale County, Texas. The motion was duly seconded by
Councilmember Bertsch and carried by unanimous vote.
Brice Clements presented the Final Plat of Mesa Verde Addition, Unit No. 7 for final
consideration. He stated the preliminary plat was reviewed by the Planning & Zoning
Commission and Council and requested that 19 items be addressed. All of the items
have been addressed and the required documentation has been submitted. The
property is located north of the Wal-Mart Supercenter. He stated the staff finds the plat
is in compliance and requests approval of the final plat.
There was no public comment. Councilmember Nash moved to accept the final plat of
Mesa Verde Addition, Unit No. 7. The motion was duly seconded by Councilmember
Pena and carried by unanimous vote.
Mayor Anderson moved to adjourn the meeting. The motion was duly seconded by
Councilmember Tipton and carried by unanimous vote.
There being no further business, Mayor Anderson adjourned the meeting at 7:23 p.m.
Belinda Hinojosa
City Secretary
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