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The Plainview City Council met on January 24, 2006 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 3:00 p.m. on January 20, 2006. Mayor John C. Anderson
presided. Councilmembers present were: Kelvin Tipton-District 1, Mary Jane Shanes-
District 2, John N. Bertsch-District 4, Ron Trusler-District 5, Wendell Dunlap-District 6
and Roland Nash-District 7. Councilmember Belinda Pena-Distdct 3 was absent.
Staff members present were: Greg Ingham-City Manager, John Castro-Director of
Community Services, 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.
Guests present: Phyllis Wall, Rudd Owen, Dr. Ron Miller; and Dr. Bill Hardage
Councilmember John N. Bertsch delivered the invocation.
Councilmember Roland Nash led in the Pledge of Allegiance.
Counciimember Shsnes 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 the minutes of January 10, 2006 and
January 19, 2006; the Council granted an excused absence to Councilmember
Belinda Pena. The Council approved the financial reports. The Council approved the
appoin[ment of Klm Home to the Library Board with said term to expire on December
31, 2009. The Council approved the appointment of Gabriel Rodriguez to the Parks
Advisory Board with said [erm to expire on January 1, 2010. The Council approved
the renewal of the Farming Services Agreement with Robert Wilson. The contract is
for a period of one year.
Brice Clements, Engineer presented for consideration upon first reading Ordinance No.
06-3460, an Ordinance Amending the Zoning Map of the City of Plainview, Texas for
Closing of an Alley Between 7th And 8th Street, Lying Between Lots 1-8, Inclusive, and
Lots 9 - 16, Inclusive, Block 58, College Hill Addition to the City of Plainview, Hale
County, Texas Cumulativeness Clause; Conflict Clause; Severablity Clause; And
Effective Date. He stated the application is made by Wayland Baptist University and
covers Block 58, College Hill Addition and requests the closure of an alley between 7th
and 8th Streets. This request is to construct the Pete and Nelda Laney Activity Center.
The sewer in the alley wil need to be relocated. He stated that the alley ingress and
egress closure should be granted, but the utility easement will need to remain in place
until the Utilities are relocated. Utility relocation will require a utility easement and
dedication deed along with the escrow account that has already been received.
There was no public comment.
Councilmember Wendell Dunlap moved to approve Ordinance No. 06-3460 upon first
reading closing the alley to public ingress and egress and after the public sewer line and
any other utilities are relocated, [hen the City will abandon [heir easement in the alley.
The motion was duly seconded by Councilmember Tipton and carried by unanimous
vote.
City Council Minutes January 24, 2006 Page I of 4
Greg Ingham presented for consideration the Addendum to License Agreement"~w~
Plainview Independent School District regarding Baseball Fields. The Plainview
Independent School District is interested in making some improvements to Bulldog Field
in a minimum amount of $100,000. This Addendum amends the lease for 25 years.
Some of the work is to the stands and backstop. The current agreement includes
coordination of use of facilities with the optimist program. The Addendum covers the
following:
1) The District agrees to make not less than $100,000.00 worth of Improvements to
the Facilities within two years;
The term of the License Agreement is extended for a term of 25 years;
3) The $19,430.00 annual fee shalJ be reviewed every five years. The City
proposes to have increase based upon consumer price index.
4) All improvements will be owned by the City throughout the license agreement.
The City would insure the School's investment is protected by providing a 25 year
depreciation schedule on all improvements.
5,.~ If either party fails to comply w~th its repaldreplacement obligations under the
Lilcense Agreement after fifteen days written notice, the other party may make such
repairs/replacement. If such repairs/replacement was the obligation of City, District may
offset said amount expended against the annual fee. If such repaidreplacement was
thee obligation of School, School shall pay said amount to City' within 30 days of City's
demand for payment.
The School has asked for some changes to the Addendum as follows:
1) Consider using a maximum of 5% over five years ~n terms of increases with a
20% maximum increase from the odginal fee over the 25 year term.
2) Prefer we take out City named as additional ~nsured; and
3) May want to consider developing policy regarding outside participation such as a
s~mi-pro team.
He stated Dr. Miller and School representatives are present at meeting for questions.
Mayor Anderson asked for public comment.
Rudd Owen, attorney for the school district stated this is a joint effort. The school feels
that they have some concerns regarding future funding and that is why they are trying to
get some handle on what is happening. He stated they appreciate the City considering
the School's request.
/
C~uncilmember Bertsch asked Mr. Owen about the 5% increase. He also expressed
concern about picking up trash after baseball games and asked what discussion was
made on the School's part to see such happens.
Dr, Ron Miller, Superintendent of Schools stated they would have commitment to work
with coaching staff to add that the boys police after themselves and spectators and
would address on the public address system to remind fans to clean up after
themselves.
Mayor Anderson stated that School Board and Council have approached this that we
ultimately want what is best for Plainview. He commended the School Board for willing
to spend some money on improvements at Bulldog Park. He stated the Council feels
City Council Minutes
January 24, 2006
Page 2 of 4
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the Addendum we are offering is fair to everyone concerned and it does what everybody
set out to do which is to provide a better environment for our young people. He moved
to approve the Addendum to the License Agreement as presented by Mr. Ingham. The
motion was duly seconded by Councilmember Tipton.
Mr. Edward Jennings thanked the Council.
There was no other ~ublic comment.
Mayor Anderson reiterated the prewous motion that the Council approve the Addendum
to the License Agreement as presented by Mr. Ingnam and seconded by
Councilmember Tipton. The motion carried unanimously.
Greg Ingham, City Manager presented for consideration Franchise Transfer
Application from Cox Communications to Cebridge Connections. He stated in
December, we received notice from Cox Communications that they intended to assign
their Franchise to Cebridge Connections which requires Council approval. Such is
guided ,by FCC regulations in terms of how it is to be handled. The Plainview system is
a part of Cox's West Texas holdings which is one of several holdings that Cox has
entered into an agreement to sell to Cebridge. Cebddge currently has about 400, O00
customers and after the sale, they will have about 1.2 million. In order to make this
transition as smooth as possible, we need to do a couple of things: (1) look at currant
franchise and see we have as many things in place to protect our citizens; and (2) we
need to do an audit to insure Cox has been paying us correctly on the franchise.
Leslie Pearce, City Attorney has been working with the City of Amarillo & City of Abilene
in terms of how we might approach this. Mrs. Pearce stated basically there are two
decisions to take a look at. Varnum has indicated that we look at an auditing firm out of
Dallas, Texas which is C2 Consulting Services. First need to decide if we want to do an
audit and then use the audit for negotiations with the Varnum Law Firm. Basically, there
are seven cities that are doing this as of now. Vamum is not making any guarantees
and in the past they have been able to get reimbursed 100% for the audit and their legal
fees. There s a possibility that we would not be out anything. We can do the audit and
when the transfer takes place we can make sure we have the customer service and the
things our citizens are going to need wh 9n Cebridge brings in their cable service.
Mayor reiterated what is being proposed as follows: [hat we use C2 Consulting Services
to do an audit and they would be auditing what Cox has done for the past five years.
That in turn would be used by us working with the Varnum Law Firm in possible further
negotiatiot~s with Cebridge. The Varnum Law Firm is being used by other cities in
Texas.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Trusler asked if the audit could result in better customer service with
the new owner of the franchise. Mr. Ingham stated the primary purpose of the audit is
to be surd we have been paid properly on our franchise fees. Varnum will make sure
we have the appropriate wording in our franchise to keep our citizens with the high
quality of §ervice they have been provided.
City Council "Minutes January 24, 2006 Page 3 of 4
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Mayor Anderson stated we may be out for legal fees and for the audit. He asked how
much the fees for these services would be. Mrs. Pearce stated the fees would be about
$6,300 ~vhich does not include out of pocket expenses which are usually about $500.
The Varnum fees would depend on the number of cities involved in this, but fees would
be around $10,000. Vamum's fees would be 50% based on population of City and 50%
on how many cities participated.
Cou ncilmember Bertsch asked if the $6,300 was Plainview's portion only. Mrs. Pearce
advised this would be divid ed by the City's participating.
Mayor Anderson asked for clarification regarding the $6,300, if that charge was per City.
Mrs. Pearce stated yes it is $6,300 per City.
Mrs. Pearce stated action would need to be started now. Everything has to be
completed with 120 days from December 13th.
Councilmember Tipton stated this should probably be looked at, at least every two
years to make sure we are getting paid properly. If Cebridge is not approved for
Plainview then we would not have any cable service in Plainview.
CouncilmCmber Bertsch moved to approve the Varnum law firm to negot ate the transfer
of the City of Plainview Franchise Agreement for Cox Cable to Cebridge and approve
Varnum's recommendation to audit Cox Cable for payment of revenues to the City of
Plainview using C2 Consulting Services. Inc. as the auditor. The motion was duly
seconded by Councilmember Trusler and carried by unanimous vote.
John Ber.,r~, Director of Public Works presented for consideration the Award of bids for
3/4 Ton t~ab & Chassis with Utility Bed and ~ Ton Extended Cab Pick-up. He stated on
January62006 bids were received as follows: I/~ Ton Extended Cab Pick-up - Jack
Mords Ford in the amount of $16,556; Gardner Chevrolet in the amount Of $16,585 and
Columbus Country Ford in the amount of $15,557. Staff recommends the award go to
Columbus Country Ford as Iow bidder. 3/4 Ton Cab & Chassis with Utility Bed - Jack
Morris Ford in the amount of $21,233; Gardner Chevrolet in the amount of $20,990; and
Columbus Country Ford in the amount of $19,986. Staff recommends award of bid to
Columbus Country Ford, the Iow bidder. He stated both trucks are under the budgeted
amount and staff recommends awarding the bid to Columbus Country Ford
There was no public comment.
Councilmember Nash moved to award the bids to Columbus Country Ford for % Ton
Cab & Chassis with Utility Bed and ~ Ton Extended Cab Pick-up. The motion was duly
seconded by Councilmember Tipton and carried by unanimous vote.
Mayor Anderson moved to adjourn the meeting. The motion was (July seconded by
Councilm~mber Tipton and carried by unanimous vote.
enr,~beir~g no further business, Mayor Anderson adjourned the meeting at 7:53 p.m.
a Hipojosg
City Secretary
City Council Minutes
January 24, 2006
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