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MINUTES
Plainview City Council
June 8, 1993
The City Council of the City of Plainview, Texas, met in a Regular Meeting on
Tuesday, June 8, 1993, in the Council Chambers of the Plainview City Hall at 7:30
p.m., with Mayor E.V. Ridlehuber presiding. Councilmembers present were Alton
Jackson - Precinct i, Mary Virginia Kirchhoff - Precinct 2, Medlin Carpenter -
Precinct 4, Dwain Dodson - Precinct 6 and Irene Favila - Precinct 7. Members absent
were Barbara Dorman - PreCinct 5 and DOn Dickson - Precinct 3
Staff present were James P. Jeffers - City Manager, Wally Hatch - City Attorney,
Bill Hogge - Director of Public Works, Norman Huggins - Director. of Finance, Terry
Powers Director of Human Resources, Muff London Director of Community
Development, Captain Dan Miller, and Ginger Light - Deputy City Secretary.
Media presentwas Richard Orr.- Plainview Daily Herald, Chris Vaughn - Lubbock
AvalanChe Journal, and Ridiey Gibson - Plainview Cable TV.
Guests present were Ray Purcell, J.B. Roberts, Eloisa Barrera, Josephine Salazar,
Mike Hutcherson, Roger Gras, Harry Garretson, Willie Ansley, Gene Davis, Nina
Morris, Rosa Zuniga, Rey Rosas, Rafael Lopez, Margarita Pedroza, Claudio
Guajardo, Lionel Garcia, Socorro Gallegos, Antonio Gallegos, Livorio Garcia, Richard
Egnew, Carmen Gonzales, Ish Gonzales, Gertrude Trotter, Cindy Jennings, Yolanda
Rodriguez and Andy Rodriguez.
OPEN MEETING
An Open Meeting was held on the following subjects:
1. Invocation - Irene Favila
Recognitions - Mayor Ridlehuber recognized the attendance of County Judge
Bill Hollars and County Commissioner Nina Morris.
Airport - Mr. J.B. Roberts spoke on behalf of the Airport Board. He first
introduced the directors and stated that Plainview-Hale County Airport was
voted the Best SmallAirport in Texas for 1991. The Airport continues to work
with both the City and the County to provide for the future. Mr. Roberts
stated that 95% of the funding comes from a trust fund, with the remaining 5%
being split equally between the County and City. Mr. Roberts outlined the
future projects of the Airport which are: (1) extension of runway 4-22 to
make it more accessible to corporate jets, (2) extension of associated
taxiways, (3) overlay of runway 13-31, and (4) improved instrument landing
system. Citizen Cindy Jennings expressed concern regarding the
maintenance of the property (i.e. weed control). Engineer Robert Gras
explained that land and residences would be acquired for the extension of the
runways. Ms. Gertrude Trotter ex-pressed concern over relocation for people
who are leasing. Mr. Roberts stated that appraised values would be paid for
land. Additionally, City Attorney Hatch explained that relocation funds are
allocated for persons leasing or renting property. Ms. Jennings questioned
Mr. Roberts as to why the land was not purchased when available, instead of
waiting until the residences were reoccupied. Mr. Roberts stated that
funding is only available when the project moves up on the federal
government's list and not before that time.. Richard Egnew requested
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information on the time table for the project, which Mr. Roberts stated could
be 3-4 years before commencement. Mr. Dodson made a motion to approve the
projects, subject to the grant proposal. Mr. Carpenter seconded the motion
which carried unanimously.
Health Depm~tment - Mr. John Castro, Director of the Plainview-Hale County
Health Department, came before the Council requesting authorization for the
Mayor to execute a document which would provide for increased immunization
for children. The monies would be used for computers and salaries necessary
for the program. Ms. Kirchhoff moved to authorize the Mayor to execute said
document, with Ms. Favila seconding the motion. All members present voted
in favor of the motion.
Water District Annexation - Bruce Rigler, Hale County resident, spoke on
behalf of the group seeking to annex the remainder of Hale County into the
High Plains Underground Water Conservation District. He stated that ten
group members had gone before the District's Boardmembers in Lubbock that
morning. District Boardmembers voted unat~imously to call for an election on
August 14th to annex the remainder of Hale County into the District to protect
future interests of water for all citizens of the County. Alton Jackson moved
to pass Resolution No. 93-109 endorsing the project. Irene Favila seconded
the motion, which was voted favorably by all members in attendance.
Housing Rehabilitation - Counc4lmember Dodson motioned to authorize City
administration, with the assistance of SPAG, to seek additional funding for
grant monies to continue with housing rehabilitation efforts. Counc4lmember
Favila seconded the motion which carried unanimously by all present.
Budget Amendment/Fire I)~t - Fire Chief Bruce Watson spoke on
behalf of the Fire Department which came requesting an additional $3,000
allocation to their budget to replace the Hurst Tool Power Plant whiCh operates
the hydraulics for the Jaws of Life. Mr. Watson explained the after 13 years
of service the unit had failed at a Student Government Day presentation. The
City is currently borrowing a unit from the Hurst Company until a replacement
may be purchased. Upon investigation, Mr. Watson found that the unit would
cost $1,700 to rebuild and only $3,000 to replace. Medlin Carpenter moved to
adopt the proposed budget amendment, -with Alton Jackson providing a second
for the motion. All five member present voted in favor of the motion.
Code Enforcement/Feedlot - Mayor Ridlehuber explained to Councilmembers,
Staff and guests that Dr. Doug Armstrong, a veterinarian from Albuquerque,
NM, has leased the feedlot Northeast of the city limits from Craig Silverthorne
and intends on reopening the operation which will hold 5,000-7,000 head of
cattle and will have an annual payroll of $225,000. City Attorney Wally Hatch
has obtained a copy of the permit for the feedlot from the Texas Water
Commission. Additionally, it appears that the feedlot is "grandfathered in"
with regards to permitting from the Texas Air Control Board. Finally, the
Mayor explained that the City's ability to control the feedlot is limited. Mr.
Lionel Garcia addressed the Council on behalf of citizens in the Frisco area
protesting the reopening of the feedlot. Mr. Garcia offered a petition with 966
verifiable signatures who opposed the opening of the feedlot. The citizenry
stressed that they were not opposed to business, but the price they would pay
for this particular business opening. Mr. Garcla outlined the groups concerns
in the following fashion: (1) Environmental - including water contamination,
water runoff into the playa lake, dust from the cattle, waste disposal, smell
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and the flies; (2) Community - including traffic on streets, streets not being
able to handle trucks, children playing in streets, disease carrying
mosquitoes, reduced property value, City park adjacent to playa lake would
not be utilized, 7-8 churches directly affected, and noise levels; and (3)
Humanitarian - including homebound elderly can't/don't desire to move, smell
due to rendering plant and feedlot, endangerment of children waiting for bus,
Texas Migrant Council and Headstart program affected, family values decrease
due to lack of quality time with children, children might jump fence, downtown
would be affected, and current state of deterioration of corrals. Mr. Garcia
invited all council, staff and citizenry to the group's next meeting on June
15th. Ms. Favila pointed out that the paper unfairly portrayed the City as
uninterested in the problem in the Frisco area after the group's first meeting
and she desired to set the record straight. Ms. Favila pointed out that staff
had asked if they needed to be present and were told that the first meeting
was organizational and Mr. Garcia did not see a need for their attendance.
Dwaln Dodson voted to pass a resolution stating that the Council and Staff
oppose the opening of the feedlot at its present location. Irene Favila
seconded the motion. At this point, Ms. Kirchhoff desired to amend said
motion to offer assistance in relocating the feedlot. Said amendment was
acceptable to Mr. Dodson. Alton Jackson seconded this motion. The motion
carried unanimously among the five members present. County Commissioner
Nina Morris spoke in favor of relocating the feedlot to a more suitable location.
At this point various citizenry spoke in opposition to the opening of the
feedlot. Yolanda Rodriguez, a registered nurse, recalled a flood in the 1960's
(during which the feedlot was open) in which water mixed with manure flooded
homes and caused disease. Both Rosa Zuniga and Rafael Lopez told the
Council of how much the community b~s worked to improve and that this would
be a set back for the area. Pastor Gilbert Cantu expressed fears that church
attendance would drop and fel't that the community was strengthened through
the church. Both Jesus Barrera and Mr. Hinojosa were concerned with the fly
problem. Others present who spoke in opposition included: MigueI Gonzales
and Jose Barrera. Isabel Rodriguez asked about possible annexation of the
area, to which the Mayor responded that annexation is usually for tax
purposes and at the request of the property owner(S). Finally, Mr. Hatch
explained the "grandfathering" rule from the TWC. He stated that their rules
provide that the permit is good as long as the same structure is in place,
rather than being required to have actual cattle on the premises for it to be
considered operational. The permit is good as long as it is renewed. In
reference to the pOrtion of the property withi the city limits, Mr. Hatch
explained that city ordinances do not absolutely prohibit animals in the city
limits, provided the number per square foot meets the standards set forth.
Mr. Hatch felt that Mr. Armstrong 'wOuld probably not use the portion of the
feedlot inside the city limits to avoid being regulating by the ordinance.
Consent Calen~.
a) Minutes
b) Department Reports
c) Budget Expenditures
d) Bids. The Council awarded the bid for 2,000 pounds of grass seed
to Ranchers and Farmers Supply of P]aiuview for the purchase of
Arizona Certified, Hulled Bermuda Seed at $2.25 per pound. Complete
bid tabulation is attached.
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e) Wastewater Ordinance No. 9312956. City Council passed this
ordinance amending and malting additions to Chapter 24 of the Plainview
Code of Ordinances to provide for the regulation of water contributed
to the wastewater disposal system to prevent the introduction of
inadequately treated wastewater into the system.
Alton Jackson moved that the Consent Calendar be approved as presented. Dwaln
Dodson seconded the motion which carried unanimously.
10. Executive Session - Mr. Dodson moved to retire to executive session. Mr.
Carpenter seconded the motion, and it carried unanimously. The City Council
discussed in executive session, pursuant to TEX. REV. CIV. STAT. ANN. art.
6252-17, § 2(e), contemplated litigation regarding the Santa Fe Railroad crossing at
16th Street.
The Council reconvened from executive session at 10:03 pm.
11. Streets/16th Stt-eet Rsih-oad Crossing - Counci]member Dodson moved that the
City Manager, City Attorney and Director of Public Works be authorized to negotiate
and/or litigate with the Santa Fe Raih-oad Company on opening the 16th Street
crossing, within the parameters discussed in executive session. The motion was
duly seconded by Councilmember Jackson and carried by a unanimous vote.
12. Adjou~-r-ent - Councilmember Dodson moved the meeting adjourn . The motion
was seconded by Councilmember Kirchhoff and carried by a unanimous vote. There
being no further business, Mayor Ridiehuber adjourned t]~ke meeting at 10:05 pm.
ATTEST:
K~ren McBeth, City Secretary
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