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MINUTES
Plainview City Council
July 14, 1992
The City Council of the City of Plainview, Texas, met in a Regular Meeting
on Tuesday, July 14, 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, Don Dickson - Precinct 3, Barbara
Dorman - PrecinCt 5, Dwain Dodson - Precinct 6 and Irene Favila - Precinct
7. Absent were Mary Virginia Kirckhoff - Precinct 2 and Medlin Carpenter
Precinct 4.
Staff present were James P. Jeffers - City Manager, Wally Hatch - City
Attorney, Terry Powers - Director of Human Resources, Bill Hogge - Director
of Public Works, Diane Groh - Director of Community Services, Norman
Huggins - Director of Finance, Roy Osborne - Director of Public Safety,
Barbara Sullivan Municipal Court Judge, and Ginger Light - Deputy City
Secretary.
Other City employees present were Muff London - Main Street Coordinator,
Joe Ferguson Fire Chief, Roland Asebedo - Fire Marshall, Dennis White
Fire Captain, Mike Gilbreath - Fire Captain, Albert Perez - Fire Captain, and
Dale Simpson Firefighter.
Media present were Richard Orr Plainview Daily Herald, Lisa Hightower -
KATX, and Amy Guess - Lubbock Avalanche Journal.
Guests present were Mr. and Mrs. Richard PadiHa, Sandra Thompson, David
Milstead, Andrea Cruz, Dean Slaughter, Michael Carter, Rob Winkler, Ray
Hill, Rachel Montes, Mike Montes, Bill Standefer, Carol Gilbreath, Mr. & Mrs.
Rick Boggs, Beatris Vega, Mr. and Mrs. Manuel Sanchez, Tom Gooch, Ray
Longoria, and James Belk.
OPEN MEETING
An Open Meeting was held on the following subjects:
1. Invocation- Barbara Dorman
Recognition - Roy Osborne introduced Fire Chief Joe Ferguson who
recognized the efforts of Fire Captains Mike Gilbreath, Albert Perez and
Dennis White.
Oath of Office - Juan Escamflla took his oath of office as member of the
Civil Service Commission.
Economic Development - Bean Time Food Revolving Loan Fund. City
Manager Jim Jeffers reported that funds had been received from the
Texas Department of Commerce to induce business to expand or locate
within the City. He stated that these funds would be restricted to
economic development. The loans would be recaptured by the City. Mr.
Jeffers recognized Tim Pierce of SPAG. He stated that $150,000 had
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been obtained, with a local match of $50,000. This would be loaned to
Bean Time Foods and a lien would be placed on the equipment. Dean
Slaughter from Bean Time Foods stated that the equipment was used for
cleaning pinto beans from the surrounding area. Barbara Dorman moved
to approve the loc'al match of $50,000 and Dwain Dodson seconded. All
five members present voted in favor of the proposal.
Traffic T~uek Route Ordinance. Chief of Police Roy Osborne
preluded the request for a change in the truck ordinance with an
explanation that the ordinance designates certain streets within the City
of Plalnview as truck routes. They are designated as such because most
residential streets cannot handle this type of traffic. Currently, the
enforcement of this ordinance is handled passively or on a complaint only
basis. Mr. Richard Padilla, about whom the initial complaint was made,
stated that he travels on West 26th Street from Quincy Street to get to
the lot behind his home where he parks his truck. He stated that this
portion of West 26th was a dirt road up to the point where he parks.
He also stated that he had obtained permission from the owner of the lot
to park on his property, provided he maintains the property. He stated
that he had been parking behind his home for approximately 5 years.
He felt that being forced to park his truck in another area would be an
undue hardship on him due to the chance of his equipment being stolen.
Neighbor Sandra Thompson, who lives behind Padilla, stated that she
felt he was no danger to the neighborhood and he kept the lot cleaned.
Attention was also drawn to a petition signed by many of his neighbors
who had no problem with Mr. Padilla's choice of a parking location.
Though sympathetic, Councilmember Dodson felt that the bulk of the
-citizens of Plainview must be taken into consideration. If the City
grants one exception, it would feel compelled to grant others.
Councilmember Dorman expressed a concern for safety. She felt that
changing the truck route ordinance might be a danger to children.
Councilmember Jackson stated that he felt the City could not change the
ordinance to affect Mr. Padilla's neighborhood only. Finally,
Councilmember Dickson, who was in 'the minority, regretted that the
Council would not grant an exception for fear of having to grant other
exceptions. He stated by their own admigsion, the Council would leave
offenders alone, as long as no one complained. Dwain Dodson moved to
not consider amending the truck route ordinance, and Alton Jackson
seconded. Of the five members present, all except Don Dickson voted in
favor of the motion.
Sanitation - Regional Solid Waste p~a~. James Belk, Chairman of the
Task Force, gave a report on the plan. He stated that his concerns
regarding the plan included the regulations that the Texas Water
Cowmission has indicted it will send down. Currently, this region is
divided into four areas. The communities will be encouraged to work
together for a central landfill and develop a recycling plan for the
reduction of wastes. Mr. Belk felt that there would be a response to
the plan once the rates go up. Presently, variances on specifications
for landfills are being granted to communities of less than 5,000 in areas
with less than 25 inches of rain per year. This creates a hardship on
larger towns in this area due to the large amount of smaller towns.
Finally, in answer to a question from Dwain Dodson, Mr. Belk stated
that no variances will be applied to the expansion of the City's landfill.
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Zone Case No. 588 - Paul Johnson on behalf of P~d~e House.
Community Services Director, Diane Groh, presented the proposal to the
Council. She stated that Prairie House proposed to rezone from an
Agricultural District to a Planned Development District, 10 acres of land
located near Wal-Mart and the new K-Mart. This would be a retirement
community located between 13th and 15th Street and west of Mesa Drive.
Ms. Groh stated that the Planning and Zoning Commission had
unanimously approved the rezoning, with the stipulation that they abide
by the landscaping requirements. There was no comment from the public
at the Planning & Zoning Meeting. Dwain Dodson moved to open a public
hearing on the matter, with Don Dickson seconding. This motion was
unanimously approved. James Belk spoke in favor of the rezoning. He
stated that the facility would house 120 beds for~ the elderly care unit
and 30 beds for alzheimer's patients, with room for expansion. The
private units pay a "life lease" in exchange for the care of their lawns,
etc. Up to 90% of the monies paid in would be refundable upon
termination of the lease. There will also be a Senior Day Care where
elderly individuals may be dropped off and picked up at the end of the
day. The retirement home will be a non-profit corporation and will sell
bonds to fund the project. No tax dollars will be spent on the project.
No one spoke out against the amendment. Barbara Dorman moved to
close the public hearing, and Dwain Dodson seconded. The motion
carried unanimously. Barbara Dorman voted to rezone the district.
Dwain Dodson seconded the motion. All five members present voted in
favor of the ordinance amendment.
Zone Case No. 589 - Rob Winkler on beh-]f of Cal~ Temple Church.
Diane Groh, Community Services Director, presented the proposed
ordinance amendment to the Council. Currentiy, the land owned by
Calvary Temple Church is a non-conforming use. The church is looking
toward future expansion and originally requested that the land be
rezoned from a Single Family District to a Light Retail and Commercial
District. However, to better buffer the single family district, the
Planning C~mmission recommended that the front portion be zoned as C-2
(light retail and commercial district) and the rear portion be designated
as Office. Counci]member Dorman moved to open a public hearing, with
Don Dickson seconding the motion. The decision was unaDimous. Rob
Winkler spoke on behalf of the amendment, and requested an upgrade in
the zoning for the church's continued expansion. Mike Carter a].~o
expressed the church's desire to blend with the other structures in the
area. No opinions were expressed against the amendment. Barbara
Dorman moved to close the hearing. Dwain Dodson seconded her motion.
Mr. DodsOn then moved to adopt the amending ordinance. After Barbara
Dorman seconded the motion, the vote carried unanimously.
Water - Seth Wa~l Wate~ System. Bill Hogge, City Engineer, outlined
the proposal of the Seth Ward Water System to expand. Currently, the
City provides treated water to the System for use by its customers.
The proposal for expansion includes dr~]Hng of a new well and placement
of new lines 'to serve customers in the Eastern portion. The new lines
will be interconnected with the current lines. Bill Hogge ex-pressed some
concern over the connection. However, the Texas Water Commission
recommends that the systems be interconnected and contain a locking
valve. This would provide a back up to both systems. Mr.
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Hogge recommended that the City receive a written statement from the
Texas Water Commission regarding their sanction of this proposal. Mr.
David Milstead then spoke on behalf of the Seth Ward Water System. He
stated that appro~mately 90 residents on the east side of Wood Street to
Lancaster Street would be served in the expansion. He relayed to the
Council that Jack Schultz, an engineer with the Texas Water Commission,
had informed l~im that all water systems with more than 250 customers
must have a back up. He suggested that a tamper proof valve be placed
on the line for the purpose of providing back up in an emergency
situation. The concern over placement of a back flow preventer has
been taken care of, one was installed with the original system. The
System will have a treatment system for the new well and keep separate
records of water usage. Finally, Mr. 1Wil~tead said that there will be the
possibility of more wells being drilled in the future. Upon
recommendation from City Manager Jim Jeffers, Barbara Dorman moved
that the City grant their approval for the expansion upon the conditional
receipt of a letter from the Texas Water Commission. Dwain Dodson
seconded the motion, which carried unanimously.
Finance - Resolution No. 92-12§'. Norman Huggins presented the
proposed resolution authorizing publication of Notice of Intention to issue
Certificates of Obligation for the sale of $5,000,000 of revenue
certificates for the water works and sewer system. Three million would
be used for the development of the landfill and be repaid from landfill
revenues. The other two million would be used for water and sewer
improvements and would be repaid from those revenues. Barbara
Dorman moved to pass the resolution authorizing the publication of the
Notice of Intention, and Alton Jackson seconded the motion. All five
members present voted in favor of the motion.
Water Study Repo~-t. Though not on the agenda, Tom Gooch of Freese
and Nichols reported on the study which included a long range plan,
development of a water conservation and drought contingency plan,
wastewater reuse study, and a water treatment plan. One of his
associates reported on the groudwater supply. This-study included
groudwater inside and outside Plainview, performance checks, water
quality, and initial assessment of pumps. He stated that Plalnview has
fifteen wells with depths from 290 _to 367 feet. They were constructed
from 1949 to 1983, and pump, on average, 2700 acre feet of good quality
water from the Ogallala aquifer. Each year there is a i to 2.5 foot
decline in the water table.
12. Consent Calendar.
a) Minutes
b) Department Reports
c) Budget Expenditures
d) Board, Com,-~ttee and Co,-wd~sion APlsointments. Grady Elder
was appointed to the Housing Authority Board; Ray Pendergast was
appointed to the Board of Adjustment; and Gly-nn Bickel was
appointed to the Canadian River Municipal Water Authority Board.
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e) Enterprise Zone Amendment. Authorization for Mayor to enter
an interiocal agreement with Hale County for filing an Enterprise
Zone Amendment Application.
f) Single Member Districts. Consideration of Ordinance No.
92-2926. An Ordinance correcting legal description in Ordinance
No. 92-2912 regarding the designation of precincts/wards within the
city limits of the City of Plainview so that it conforms with the
redistricting map precleared by the Department of Justice;
cumulativeness clause; conflicts clause; and effective date.
g) Work Session. Consideration of cancelling the City Council Work
Session of July 23, 1992, due to a conflict with the AMCC
Conference.
Councilmember Alton JackSon moved to adopt the Consent Calendar as
presented. Barbara Dorman seconded the motion, and the motion carried
unanimously among those members present.
13.
Adjournment. As there was no other business, Alton Jackson moved for
adjournment. The motion was seconded by Barbara Dormsn, and all five
members present voted in favor of adjournment.
ATTEST:
E.V. Ridlehuber, Mayor
Ginger~Light,a Deputy City Secretary
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