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HomeMy WebLinkAbout93 1109 mino11o MINUTES CITY COUNCIL MEETING City of Plainview November 9, 1993 The Plainview City Council met in a regular meeting at 7:30 p.m., Tuesday, November 9, 1993, in the Council Chambers of the Plainview City Hall at 901 Broadway. The Council met in Pre-Session at 6:30 p.m. Mayor E. V. Ridlehuber presided. Councilmembers present were: Don Dickson -Precinct 3, Barbara Dorman - Precinct 5, Dwain Dodson - Precinct 6, and Irene Favila -Precinct 7. Al'fo present was Mike Hutcherson, Councilmember Elect for Precinct 4. Absent were Mary Virginia Kirchhoff - Precinct 2, and Alton Jackson- Precinct 1. Staff members present: James P. Jeffers - City Manager, Muff London - Director for Community Development, Wally Hatch - City.Attorney, Norman Huggins - Director of Finance, Bill Hogge - Director of Public Works, Terry Powers - Director for Human Resources; Barbara Sullivan - Municipal Court Judge, Roy L. Osborne- Director of Public Safety, and Karen McBeth - City Secretary. Media present: Richard Orr - Plainview Daily Herald, Chris Vaughn of the Lubbock Avalanche Journal, and Channel 8 Video. Guests Present: Lloyd Woods- Chairperson of the Charter Study Committee and committee members: John Peck, Dub Sheets, Tut Tawwater, Bobby James, W. M. Tyler and Paul Drager. OPEN MEETING 1. Invocation- Don Dickson 2. Recognitions - There were none. 3. Ordinance No. 93-2980. City Elections. An Ordinance of the City Council of the City of Pl~inview, Texas, Canvassing the returns and declaring the results of a General City Election held in Plainview Texas, on November 2, 1993. Karen McBeth, City Secretary, reported that the Special Election yielqed eleven votes in favor of Mike Hutcherson, the votes have been duly verified and he should be declared the winner and sworn in. Barbara Dorman moved the ordinance be passed and approved; Irene Favila seconded the motion; the motion carried unanimously among the four councilmembers present. 4. Oath of Office - Councilmember Precinct 4. Mike Hutcherson took his oath of office and was declared the Councilmember of Precinct 4. He took his seat with the Council. 5. Charter Study Committee - Report on progress by Chairman Lloyd Woods. A new charter is one of the most important thingSthe council will vote on, reported Mr. Lloyd Woods. He introduced the members of the Charter Study Committee who, along with him, and the City Manager and City Attorney have worked together for two years on the new charter. Mr. Woods stated he felt this was one of the most important committees the Council had ever appointed. He said an election would be held to select a Charter Commission. A new charter will affect the city for years to come. Don Dickson stated the council realized the 0111 problems with the present charter and the Council is grateful to the committee, which has submitted revisions to the charter. The Mayor took the opportunity to thank this committee for their hard work. Dwain Dodson thanked the committee also, stating he appreciates their interest in the city. Committee has one more meeting in January. Irene asked why the commission would be at large, not by precinct. Wally Hatch, City Attorney replied that State law mandates this be an at large commission. She also wanted to know why term limitations? Mr. Woods stated the Committee felt it was an idea whose time has come. He stated the committee felt it would give more citizens more opportunity to serve the city. Mayor Ridlehuber again thanked committee for their work. 6. No Smoking- Ordinance No. 93-2979. An Ordinance of the City of Plainview, Texas providing for the addition of Section 11-42 of Chapter 11, Food and Food Handlers, which prohibits smoking, as that term is defined herein, in food service establishments, as defined herein; Providing for a penalty and an effective date; Severability clause; Cumulativeness clause; Conflicts clause. A. Public Hearing - Dwain Dodson moved the Public Hearing be open; Barbara Dorman seconded the motion; the motion passed unanimously. Mayor Ridlehuber declared the Public Hearing open. He asked those speaking for the ordinance to come forward, state their name, and make any remarks they wished to make. Wallace Duvall, speaking for the American Heart Association, stated the association unanimously supports this ordinance. He stated they were concerned with second hand smoke as it affects the heart. Cindy Ebeling spoke for the American Cancer Society in favor of the ordinance due to the danger of passive smoke as it promotes various forms of cancer. The American Cancer Society is targeting restaurants as more people are eating out nowthan ever before. Smoke affects everyone around the smoker. She stated she objected from a medical stanctpoint. She reported studies show that restaurants that go smoke free do not suffer~ a loss of business. She said she considers Plainview a progressive city and would like to see Plainview take this important step. Dr. Ruth Rector-Wright spoke in favor of the ordinance because of the health hazard to everyone; smoker, nonsmoker and especially children and anyone with respiratory problems. She stated she would like to see Plainview take a stand on this'important issue. She said she sees people suffering from second hand smoke every day. Approximately 1 million children are asthmatic due to second hand smoke. Ninety per cent of Americans favor some type of ban on smoking; 73 percent of Texans ask to be seated in non smoking areas. Norman Peoples, 1302 Fresno - spoke saying he has stopped smoking, and he has spent 25 thousand dollars in medical bills from cancer due to cigarette smoke in past 30 days. He said we must do all we can to cut down on any smoke pollution to save lives and money. He stated he did not believe cafe's would be affected. Caroline Kopp spoke, saying she grew up in a smoking household and that both parents are deceased due to smoking. She stated she is worried about children and their health~ and one cannot control smoking in all areas, but felt restaurants should be smoke free. Dr. John Long spoke saying the cost in Texas for smoke related illness is 4 billion 2 hundred million dollars per year. Diana Satterwhite of Lubbock Health Dept of Texas, spoke stating tobacco smoke has 4,000 chemicals and a non smoker breathes in half those chemicals and separation of smokers from nonsmokers does not make any difference in contaminants breathed in. Robert Butler spoke regarding his right not to be affected by second hand smoke. He said he felt Plainview needs this type ordinance to be the progressive city it should be. Betty Gonzales stated this should be a decision of the restaurant owners, but it should also be the right of the patrons as well as the restaurant workers not to be subjected to second hand smoke, she felt no owner should jeopardize the health of its patrons and workers. She has had a ban on smoking in their businesses for 3 years and it does not hurt their business. Travis Trussell stated he is highly in favor of ordinance. He stated the separated non smoking side does not help that much. He said he smoked for 20 .... 2of4 0112 years and has since stopped. Mayor Ridlehuber asked those speaking against the ordinance to come forward. Jim Ballew said that he eats out five times a week, and if the ordinance ~s passed, Plainview restaurants will not get his business. He said will go out of town. His stated his model airplane club will not hold their annual meeting here if this ordinance passes. He said they will take their business elsewhere. He said the Council should not tell businesses what to do. Bill Black, spoke about free choice; if the restaurant does not want smoking, they should decide about it and not ask the Council to make this decision. He said he does not believe smoking is that dangerous. He said he believes in the right of free choice. Jay Laird - 1510 W 10th - said he was against more laws. If restaurants wants no smoking, let them decide what to do or not. do. Juanita Mcllroy of 2620 W. 19th, spoke saying she is a nonsmoker, but that people enjoy smoking and she does not believe the council has the right to tell cafe owners not to let people smoke. Charles Homsby, owner of Golden Corral Restaurant,while he is neither for nor against the ordinance, he is concerned about losing business if this ordinance passes. He would rather it be the restaurants choice, not mandated by city government. Ronald Kirchhoff, has an office in the Skaggs Building, and his mother smokes, father smokes, and he can see no harm in smoking and city should not ban smoking, a person should have the right to smoke. He stated that adequate ventilation should take care of this. He said restaurants should have smoking and non smoking areas. Bob Butler spoke again stating that health services have stated that life will be lengthened by not smoking. Bill Black asked what exactly is a restaurant? Wally Hatch, City Attorney, answered stating anywhere food is served and he read that portion of the ordinance. Barbara Dorman moved the Public Hearing close; Don Dickson seconded the motion; the motion carried unanimously among the five councilmembers present. The Mayor asked for Council comments. The Mayor stated he was against more regulations. He said smokers have rights and nonsmokers have rights. He said he felt nonsmokers have the right to eat for one hour without smoke. He said he supports no smoking in restaurants in Plainview. Don Dickson stated he supports it also. Don Dickson said the evidence is overwhelming in favor of nonsmoking and shows the increase risk of heart disease and cancer from smoking and second hand smoke. He felt the Council does not have the right to debate morality; the Council has the responsibility to protect the health and welfare of the citizens. Barbara Dorman started Hospice due toher fathers death of lung cancer; she quit smoking at that time. She stated the other issue is that we are regulating private bus~ness and no one likes other people regulating their business. She said the freedom of choice is a basis of this country; the ideal is total ban on smoking in Plainview; she cannot support total ban but she can support designated areas. She said the restaurant owners should have done this on their own and not asked the Council to do it for them. Mike Hutcherson stated he cannot support total ban on smoking, and businesses need to determine their own destiny. Irene Favila stated she was going to support a designated areas provision, but changed her mind to a complete ban. B. Council Action - Dwain Dodson moved to adopt Ordinance No. 93-2979; Irene Favila seconded the motion. Don Dickson, Dwain Dodson and Irene Favila voted in favor of the motion; Mike Hutcherson and Barbara Dorman voted against it; the motion passed. 7. Consent Calendar- Don Dickson moved the Consent Calendar be approved as presented; Dwain Dodson seconded the motion; the motion passed unanimously. 3of4 0113 a) Minutes b) Departmental Reports c) Expenditures d) Hale County Central Appraisal District- The Council cast its votes for Board of Directors, with 929 votes for Dwain Dodson and 929 votes for Mary Virginia Kirchhoff. e) Subdivision Waiver - Consider request of Mrs. John E. Green for a waiver from subdivision and utility extension ordinances for the southeast corner of Survey No. 9, Block JK-3, Hale County, Texas. The request was granted. 8. Adjournment- Don Dickson moved the meeting adjourn; Barbara Dorman seconded the motion; the motion passed unanimously among the five councilmembers present. Mayor Ridlehuber declared the meeting adjourned at 9:05 p.m. PASSED AND APPROVED on November 23, 1993. ATTEST: Ka~n McBeth, Ciiy Secretary E. V. Ridlehuber, Mayor 4of4