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MINUTES
Plainview City Council
June 23, 1992
The City Council of the City of Plainview, Texas, met in a Regular Meeting
on Tuesday, June 23, 1992, 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 1; Mary Virginia Kirch_hoff - Precinct
2; Don Dickson - Precinct 3; Medlin Carpenter - Precinct 4; Barbara Dorman
- Precinct 5; Dwain Dodson - Precinct 6; and Irene Favila - Precinct 7.
Staff Present: James P. Jeffers - City Manager; Roy Osborne - Director of
Public Safety; Terry Powers Director of Human Resources; W~lliam Hogge
Director of Public Works; Diane Groh Director of Community Services; Wally
Hatch - City Attorney; Barbara Sullivan - Municipal Court Judge; Muff
London - Main Street Coordinator; and Karen McBeth - City Secretary.
Media Present: Richard Orr - Plainview Daily Herald; Lisa Hightower -
KVOP/KATX; Ridley Gibson Plainview Cable TV; Amy Guess Lubbock
Avalanche Journal.
Guests Present: Mr. and Mrs. Richard Padilla - 1410 West 26th; Dale
Simpson 804 Holliday; Lynn & Bob Kircb_hoff - 117 E. 6th; Mindy Reep -
Houston, Texas; and Travis Trussell.
OPEN MEETING
1. Invocation - Medlin Carpenter
2. Recognitions - There were none.
Oath of Office - Boards, Committees and Commissions - There were
none.
4. Condemnation - Ordinance No. 92-2923. An Ordinance of the City of
Plainview, Texas, authorizing the condemnation of private property to be
used for the purpose of a public road; Severability clause; Cumulativeness
clause; Conflicts clause; And effective date. City Attorney Wally Hatch
explained condemnation papers on all property owners along the right of way
was needed to make 16th Street a through street, so as to fully access the
Frisco area. This was done in an effort to expedite the process because the
paving must be finished by September. Counc~lmember Barbara Dorman made
a motion to approve the ordinance; Councilmember Medlin Carpenter seconded
the motion; the motion carried unat~imously.
5. ParksfDuck Pond - Review of plans to open for fishing. Mayor
Ridlehuber stated the City Council had long planned to have the Duck Pond
located at 10th & Ennis, open to the public for recreational fishing. The first
day of fishing is planned for the 4th of July. He recognized Mr. Travis
Trusseil who asked to speak. Mr. Trussell of 1117 W. 28th in Plainview, said
he was opposed to the public fishing-because he felt it would be detrimental
to the duck population. He stated he has fed and looked after the ducks for
many years and during that time he had found ducks injured by fishing lines
as well as hooks. He stated he believed the fish to be toxic and not fit for
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human consumption. He felt the increased traffic around the pond by people
would prevent ducks from nesting. He felt children would try to climb the
fence and they might be injured or drown in the pond. City Manager, Jim
Jeffers stated the fish in the pond are toxic, but the fishing is recreational
only, and the facility will be supervised. He stated people are fishing the
natural playa lakes on the three adjacent corners of the Duck Pond now. He
stated he also believed it would be a safe area on the north and west sides
for the ducks while people are fishing on the south side. Mary Thompson, a
member of the local Humane Society expressed her opinion that the City could
make some other area in the city a fishing pond and leave the Duck Pond to
the ducks alone. Lynn Kirchhoff, a member of the Humane Society,
expressed concern regarding the liability the City might incur if someone
were injured or drown. City Attorney Wally Hatch stated the city would be
immune to liability, unless someone could prove the city was grossly
negligent. The Mayor thanked everyone for their input, but the Duck Pond
would be open for recreational fishing, at least for the 4th of July. He
stated the Council would oversee this project and at such time it was
necessary, they would close it to recreational fishing.
6. Bids - SanitationILandfill - Consideration of award of bids on fencing.
Director of Public Works, William Hogge, reviewed the bids submitted to the
City for erecting an 11,440 linear foot chain link fence at the Sanitary
Landfill. Conner Fence, Inc. of Odessa, Texas, submitted a bid in the
amount of $64,829.80; Looper Fence Co. of Pampa, Texas, submitted a bid of
$65,777.66; G & O Fence Contractors, Inc. of Odessa, Texas, submitted a bid
of $71,389.50; USX Corporation-Cyclone Fence of Arlington, Texas, submitted
a bid of $73,722.00; Western Fence Co. of Amarillo, Texas, submitted a bid of
$76,106.00; and Pioneer Fence Company of Amarillo, Texas, submitted a bid
in the amount of $93,053.60. Mr. Hogge stated he had checked the stability
and reputation of the low bidder and found it to be an excellent company.
Therefore, Mr. Hogge could recommend awarding the bid to Conner Fence,
Inc. of Odessa, Texas, for $64,829.80. Councilmember Barbara Dorman made
a motion the bid be awarded to Conner Fence Co. in the amount of
$64,829.80; Councilmember Don DicksOn seconded the motion; the motion
carried unanimously.
7. Consent CalendR~
a) Minutes
b) Department Reports
c) Budget Expenditures
d) Board, Corem{tree and Comm~ion Appointment~ Housing Authority,
Board of Adjustment; Building/Code/Fire Code Board of Appeals;
Human Relations Commission.. No applications were submitted,
therefore no appointments were made.
e) ~mitation/ReeyeHng - Authorization of City Manager to enter a
contract with the Governor's Energy Office for a recycling grant and
to enter a contract with McCormick Advertising for providing
services associated with the grant.
f) Budget - Amendment - Building Inspection and Code Enfoxx~ement-
Ordinance No. 92-2922. An Ordinance of the City of Plainview,
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Texas, amending the Building Inspection (Number 34) and Code
Enforcement (Number 33) Budgets of the General Fund of the
1991-92 Budget.
g) Texas AlCOholic Beverage Code - Resolution No. R92-124. A
Resolution of the City of Plainview, Texas, expressing support of
passage of legislation in the Texas Legislature which would allow
Home Rule municipalities to regulate consumption of alcoholic
beverages in public places within designated portions of a city.
Mr. Richard Padilla, of 1410 West 26th St., asked to speak to the Council.
Mayor Ridiehuber stated that while no action could be taken on whatever Mr.
Padilla wished to speak about, he and the Council would be happy to listen.
Mr. Padilla stated he had parked his tractor trailer rig in a vacant lot close
to his home for five years and only recently has anyone complained. He
stated he felt he had been singled out by the City in so far as enforcing the
truck parking ordinance was concerned. City Attorney Wally Hatch assured
Mr. Padilla he had not been singled out, and that the city was bound by law
to enforce it when anyone registered a complaint. Mr. Padilla requested his
complaint be put on the agenda for the next regular meeting of the City
Council. Mr. Jeffers assured him it would be on the agenda at a later date.
8. Adjou~ment - Councilmember Don Dickson made a motion the meeting
adjourn; Dwain Dodson seconded the motion; the motion carried unanimously.
Mayor Ridiehuber declared the meeting adjourned at 8:40 p.m.
PASSED AND APPROVED the 14th day of July, 1992
ATTEST:
E. V. Ridlehuber, Mayor
Kamen McBeth, City Secretary
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