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HomeMy WebLinkAbout07 0508 minThe Plainview Cit Council met on Ma 8, 2007 at 7:00 93 y y 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 4:30 p.m. on May 4, 2007. Mayor John C. Anderson presided. Councilmembers present were: Kelvin Tipton-District 1, Cathy Waggoner- District 2, John N. Bertsch-District 4, Ron Trusler-District 5, Wendell Dunlap-District 6 and Roland Nash-District 7. Councilmember Belinda Pena-District 3 was absent. Staff members present were: John Berry-Acting City Manager, Leslie Pearce-City Attorney, John Castro-Director of Community Services, Gary Glass-Fire Chief, Will Mull- Police Chief, Dale Simpson-Director of Civil Service, Lonnie Burton-Police Captain, Dennis Harkins-Police Captain and Belinda Hinojosa-City Secretary. News Media Representative: Richard Orr-Plainview Daily Herald Guests present: Ron Miller, Robert Edwards, Daniel Rascon, David Wilder, Jane Autry, Jerry Wofford and David Wilder Councilmember Roland Nash delivered the invocation. Councilmember Wendell Dunlap led in the Pledge of Allegiance. Councilmember Ron Trusler moved to adopt the consent calendar. The motion was duly seconded by Councilmember Kelvin Tipton and carried by unanimous vote. Items approved on the consent calendar included approval of the minutes of April 24, 2007, and May 3, 2007; the Council granted an excused absence to Councilmember Belinda Pena, and the Council approved the appointment of Manuel Gonzales to the Board of Minimum Housing and the Building Trades/Fire Code Appeals Board with said terms to expire January 1, 2009. Leslie Pearce, City Attorney presented for consideration and to take necessary action regarding Second Addendum to License Agreement between the City of Plainview and the Plainview Independent School District. A scoreboard for the Bulldog field has been donated to PISD and they have entered into an agreement with the Booster Club, United Supermarkets and Security Bank. This Second Addendum to License Agreement basically states the City shall have no duty or responsibility to repair, replace or maintain the scoreboard equipment and that the scoreboard equipment is the sole property and responsibility of the school. City or City's designees are allowed used of the scoreboard so long as they comply with the school's GKD Local Policy and it's supporting administrative regulations. Mayor Anderson asked for public comment. There was no public comment. Councilmember Dunlap moved to approve the Second Addendum to License Agreement between the City and the Plainview Independent School District. The motion was duly seconded by Councilmember Trusler. Mayor Anderson asked for Council Comment. Councilmember Bertsch asked who would move the scoreboard to Jacobs Field. City Council Minutes May 8, 2007 Page 1 of 4 94 Rudd Owen of 1101 Jefferson stated that the booster club has volunteered to move the scoreboard. Mr. Bertsch expressed concern that if the school left and took their scoreboard something should be in place to assure there is a scoreboard at Bulldog park equivalent to what was there before. Mayor Anderson asked what the GKD Policy was. Mr. Owen stated that it is an agreement with the schools stating when the property is going to be used, who will use the property and whoever uses the equipment is responsible if they intentionally or negligently tear up the equipment. He also asked how playoff games were arranged. Ron Miller of 7007 Pleasant Hills stated that playoffs were handled through the City and school working together. Coach McClintock is contacted to see if the field is available and then they work with Rusty regarding the fields. David Wilder of 300 Lometa advised the Council that they need to look at Agreement concerning current scoreboard. He stated the City and himself representing First National Bank or Norwest entered into a Contract to provide a scoreboard some 10 to 15 years ago which gave them a right to keep that scoreboard there for so many years. He stated that the City probably needs to get permission from the folks that donated that scoreboard to get their permission to move the scoreboard. Mayor Anderson asked who owns the scoreboard that is there now and if there were any agreements with the School. He asked if the City Attorney had researched it in anyway. She stated that she talked to Rusty and he said the City owned the scoreboard, but she did not know anything about any contracts and she would find out. Mayor Anderson suggested we take action on this tonight and if the City Attorney would find anything in the records that would indicate we had some other obligation that we would come back to the school and tell them. Mayor Anderson moved to amend the original motion that we approve the Second Addendum to the License Agreement with the provision that we research and be sure there is no outstanding agreement affecting this scoreboard at Bulldog Park. The motion was duly seconded by Councilmember Trusler. Mayor Anderson asked for a vote on the amendment to the original motion that this be approved subject to researching any possible legal ramifications. Mayor Anderson, Councilmembers Tipton, Waggoner, Trusler, Dunlap and Nash voted "for" the motion. Councilmember Bertsch voted "against" the motion. The motion carried. Mayor Anderson asked for a vote on the original motion as amended which is that the Council approve the Second Addendum to the License Agreement as amended. Mayor Anderson, Councilmembers Tipton, Waggoner, Trusler, Dunlap and Nash voted "for" the motion. Councilmember Bertsch voted "against" the motion. The motion as amended carried. William Mull, Police Chief presented for consideration and to take necessary action regarding 911 Grant Application. He stated this is fora 911 grant application. This is a standard grant with 90% from Lubbock 911 and 10% from the City of Plainview. The City Council Minutes May 8, 2007 Page 2 of 4 Police Department would update the communication center basically the dispatcher 95 countertops. He stated he had Captain Lonnie Burton and Captain Dennis Harkins present who are familiar with the grant and the equipment. Captain Burton stated this equipment is from a company that builds dispatch consoles. Lubbock Emergency Communications uses these consoles. They are ergonomically built consoles. The top raises up for either sitting or standing position. It also allows placing the computer CPU's under the counter and allows them to be up off the floor away from dust and heat. It allows the wiring to be run through a central location. Captain Harkins stated the grant proposal is for purchasing the equipment and installation. The total cost is approximately $35,000. The City's liability is $3,500 and the LECD's reimbursement will be for 90% which is $31,500. The grant proposal needs to go through the LECD board of managers and would not be approved until October 1St and would be applied through the fiscal year of October 1St through September 30tH The application would require a letter form the Council or Mayor that the funds are available to proceed. Mayor Anderson asked for public comment. There was no public comment. Councilmember Nash moved to take the necessary action in applying for this grant for the 911 Application. The motion was duly seconded by Councilmember Waggoner and carried by unanimous vote. Mayor Anderson presented for consideration upon second reading, Ordinance No.07- 3477, an Ordinance Amending the Zoning Map of the City of Plainview, By Issuance of a Specific Use Permit to Construct a Private Community Center in a Single Family Residential (R-2) Zoning District, Said Parcel Being Lots 9, 10, 11 And 12, Block 80, Alexander and Westmoreland Addition, Lot 1, Eiring Subdivision, and Lot 2, Eiring Subdivision, Unit No. 2, City of Plainview, Hale County, Texas Same Being Located in the 800 Block Of West 6th Street; Cumulative Clause; Conflicts Clause; Severability Clause; And Effective Date. He stated since this is the second of two readings, the Council will forego the staff briefing. He asked for public comment. There was no public comment. Councilmember Bertsch moved to approve Ordinance No. 07-3477 on second reading. The motion was duly seconded by Councilmember Tipton and carried by unanimous vote. Mayor Anderson presented for consideration upon second reading, Ordinance No. 07- 3478, an Ordinance Amending Chapter 4, Ambulances, Of The City Of Plainview Code Of Ordinances; Cumulativeness Clause; Conflicts Clause; Severability Clause; And Effective Date. He stated since this is the second of two readings, the Council will forego the staff briefing. He asked for public comment. There was no public comment Councilmember Waggoner moved to approve Ordinance No. 07-3478 on second reading. The motion was duly seconded by Councilmember Truster and carried by unanimous vote. Mayor Anderson presented for consideration upon second reading, Ordinance No. 07- 3479, an Ordinance of the City of Plainview to Clarify the Certification Pay and Assignment Pay in the Fire Department. He stated since this is the second of two City Council Minutes May 8, 2007 Page 3 of 4 96 readings, the Council will forego the staff briefing. He asked for public comment. There was no public comment. Councilmember Tipton moved to approve Ordinance No. 07-3479 upon second reading. The motion was duly seconded by Councilmember Bertsch and carried by unanimous vote. There being no further business, Mayor Anderson adjourned the meeting at 7:28 p.m. Belinda Hino~osa City Secretary /h. ~~ ~ City Council Minutes May 8, 2007 Page 4 of 4