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The Plainview City Council met on June 14, 2005 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 10:15 a:m. on June 10, 2005. Mayor John C. Anderson
presided. Councilmembers present were: Mary Jane Shanes-District 2, John N.
Bertsch-District 4, Ron Trusler-District 5, Wendell Dunlap-District 6 and Roland Nash-
District 7. Councilmembers absent were: Kelvin Tipton-District I and Belinda Pena-
District 3.
Staff members present were: Greg Ingham-City Manager, Leslie Pearce-City Attorney,
John Berry-Director of Public Works, Brice Clements-Engineer, Dale Simpson-Director
of Civil Service, Gary Glass-Fire Chief, Will Mull-Police Chief, and Belinda Hinojosa-City
Secretary
News Media Representative: Richard Orr-Plainview Daily Herald
Guests present were: Max Gabriel, Frank Gabriel, Troy White, Gabriel R. Gonzales,
Joel Culp, Dalton Franklin and Dustin Stanford
Mayor Anderson delivered the invocation.
Dalton Franklin and Dustin Stanford of Cub Scout Pack 252 led in the Pledge of
Allegiance.
Councilmember Trusler moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Shanes and carried by unanimous vote. Items approved
on the consent calendar included approval of the minutes of May 21, 2005, May 24,
2005 and June 9, 2005. Councilmembers Kelvin Tipton and Belinda Pena were
granted excused absences. The Council approved upon second reading Ordinance
No. 05-3446, an Ordinance of the City of Plainview Amending Ordinance No. 04-3425
to Appropriate Funds From the Water and Sewer System Improvements Fund
Reserves to Account 017-29-6810; Cumulativeness Clause; Conflicts Clause;
Severability Clause; Effective Date. This is a budget amendment to release additional
budget funds for renovation of the Prison #2 Lift Station. The Council approved the
appointment of David McDonald to the Plainview/Hale County Airport' Board. The
Council approved authorizing Mayor to sign Change # 5, of the Department of State
Health Services Contract for enhancing the Plainview/Hale County's preparedness
plans by conducting activities at the local and/or re~ ~onal level relating to the critical
benchmarks and certain critical capacities included within the focus areas. The Council
approved accepting 60 foot wide, 3.6 acre right of way for SW 2nd Street out of the
Bryan Equipment 130.734 acre tract, out of the Southwest ¼ of Section 40, Block JK-2
Abstract Number 517, Hale County, Texas and a Temporary Easement for the
purpose of plugging an existing well
Mayor Anderson presented for consideration upon second reading Ordinance No. 05-
3445, an Ordinance Amending the Zoning Map of the City of Plainview, Texas For
Rezoning From Multi-Family 2 (MF-2) Zoning District to a Commercial General
Business (C-3) Zoning District Lot 62, Unit Number 9, La Mesa Subdivision, Said Tract
Being in the General Vicinity of 3400 SW 3rd 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
City Council Minutes June 14, 2005
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briefing and went directly to public comment. Max Gabriel of 609 S HolidaY and Joel
Culp of Kornerstone Funeral Directors both stated they were available to answer any
questions.
Councilmember Nash moved to approve Ordinance No. 05-3445 upon second reading.
The motion was duly seconded by Councilmember TruSler and carried by unanimous
vote.
Brice Clements, Engineer presented the Final Plat of La Mesa Subdivision, Unit No. 9
out of the North Part of the East Half of Section 29, Block JK-2, Hale County, Texas.
He stated this is the same property involved in the previous ordinance. This application
is being made by Frank and Max Gabriel. The Planning and Zoning Commission
approved the Preliminary Plat with no corrections being requested. The final plans and
specifications for utilities are in compliance with City ordinances. The Planning and
Zoning Commission has reviewed the final plat and recommends approval. Tax
Certificates, Dedication Deed and filing fees have been submitted and staff
recommends approval.
Mayor Anderson asked for public comment. Max Gabriel and Joel Culp stated they
were available to answer any questions.
Councilmember Bertsch moved to approval the final plat contingent upon acceptance of
proper letter of guaranty. The motion was duly seconded by Councilmember Shanes
and carried by unanimous vote.
Councilmember Trusler moved to go into Closed Session to discuss pending or
contemplated litigation. This meeting ~s authorized by TEX. GOV. CODE ANN. 551.071
(Vernon 1994). The motion was duly seconded by Councilmember Shanes and carried
by unanimous vote. The meeting was recessed at 7:14 p.m.
Mayor Anderson opened the meeting up in open session at 7:52 p.m.
Mayor Anderson announced instructions to City Attorney to pursue the litigation as was
discussed in the closed session.
There being no further business, Mayor Anderson adjourned the meeting at 7:53 p.m.
Belinda Hinojosa
City Secretary
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City Council Minutes
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