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HomeMy WebLinkAbout10 0209 min 373 The Plainview City Council met on February 9, 2010 at 7:00 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 4:55 p.m. on February 5, 2010. Mayor John C. Anderson presided. Councilmembers present were: Kelvin Tipton- District 1, Cathy Waggoner District 2, Belinda Pena District 3, John N. Bertsch- District 4, Ron Trusler- District 5, and Roland Nash District 7. Councilmember Wendell Dunlap- District 6 was absent. Staff members present were: Greg Ingham -City Manager, Mike Gilliland- Director of Public Works, Leslie Pearce -City Attorney, Rusty Powers -Fire Chief, Will Mull Police Chief, Dale Simpson- Director of Civil Service, Eric Turner -Main Street/CVB Coordinator, Delwin Derrick -Chief Building Official, Philip Mize -Fire Marshal, Ernest Amaya Police Sergeant and Belinda Hinojosa -City Secretary. News Media Representative: Hayley Cox Plainview Daily Herald Guests Present: Mark Hardin, Marta Hardin, Brandon Brownlee, Jorge Sanchez, Emma Rodriguez, Antonia Martinez, Robert Martinez, Jose Garcia, Yolanda Garcia, Norma Alaniz, Nita C. Tovanche and Joel Steed Councilmember Cathy Waggoner delivered the invocation and led in the Pledge of Allegiance. Councilmember Trusler moved to adopt the consent calendar. The motion was duly seconded by Councilmember Tipton and carried by unanimous vote. Items approved on the consent calendar included the approval of the minutes of January 12, 2010 and February 4, 2010, the granting of an excused absence to Councilmember Dunlap and the approval of the financial reports. Mayor Anderson presented for consideration the request of Antonia Martinez, owner of Illusions Banquet Hall, 109 N. Broadway, requesting appeal of Building Trades and Fire Code Board of Appeals decision to revoke their certificate of occupancy for noncompliance. He called on City Attorney, Leslie Pearce. Leslie Pearce, City Attorney advised that Ms. Martinez was present and she recommended that we hear her appeal. Ms. Antonia Martinez, owner of Ilusion of 210 E. 2 presented herself. Also, Rey Rosas of 2506 W. 6 stated that he is helping Ms. Martinez to get her relicense again or recertificate. He has been helping her from the beginning and he went with her to the committee, so he is present as her interpreter. Mr. Rosas stated they are appealing the decision of the committee. Ms. Martinez has tried to comply with all the rules and regulations from the Fire Marshal and the City Inspector. They are trying to ask the City Council to consider giving or granting permission for her to open her place. Mr. Rosas also stated that the Board and city staff violated the open meetings act by meeting behind closed doors. Mr. Rosas also blamed City staff for lack of communication. Ms. Martinez was advised to have landscaping put in but added the priority should have been the fire sprinklers. He said the Fire Marshal has never gone out to her place at night or to several local establishments to see what is going. City Council Minutes February 9, 2010 Page 1 of 8 374 Mr. Rosas also stated there was a contract that was written by the Fire Marshal for her to open the place. Ms. Martinez was not aware of all the rules and regulations that were going to be in the process. He agreed that it was Ms. Martinez' fault that she never got in touch with the Fire Marshal advising who was going to be the fire watch, when the events were going to take place and the other violation that the fire sprinkler were not installed. Ms. Martinez is asking for at least an additional 90 days. Ms. Martinez added that she just wants the opportunity to continue working because she has lived all her life here in Plainview. Mayor Anderson asked for further public comment. There was no further public comment. Mayor Anderson called on Ms. Leslie Pearce, City Attorney. She stated that his allegations that the board met behind closed doors is totally false. She was present and nobody ever went into closed session. The board chairman and the fire marshal are present and they will speak to the Council and let the Council know that the City never violated the open meetings act. The board ordered that the Certificate of Occupancy be revoked and the Council will need to choose to uphold or not uphold the board's decision. The standards the Council has to use according to the City of Plainview Code of Ordinances is to interpret the International Fire Code and the International Building Code. She introduced Tillman Reagan, board chairman. Tillman Reagan of 802 Holiday stated he is the chairman of the Building Trades and Fire Code Board of Appeals. Regarding the allegations of meeting before the board met at 7:00 p.m. that night, he stated he is not aware of anybody meeting with anybody. The board made their decision based upon information from the City Attorney and on the presentation of the fire department. He said they tried to find some measure of accommodating Ms. Martinez, being that he himself is a building owner, but the final conclusion the board came to was that the safety of the public was foremost in their minds and they felt that she'd been given ample opportunity to comply with the codes based on information that was given to them. Ms. Pearce introduced Rusty Powers, Fire Chief. Mr. Powers stated the current adopted codes include the International Building Code and the International Fire Code. The Standards utilized by the City of Plainview include the International Existing Building Code; NFPA Standards, such as NFPA (Electrical) and NFPA 13 (Sprinklers), NFPA 72 (Fire Alarms) and many others. Both of the adopted codes were written by the International Code Council "ICC which was established in 1994 to develop a single set of comprehensive and coordinated national model of construction codes. The ICC is dedicated to building safety and fire prevention. The ICC is made of federal, state, county and municipal officials; fire officials; architects, engineers, buildings, contractors, elected officials; manufacturers; and others in the construction industry. The purpose of the ICC is to establish a standard for accessible and usable buildings and facilities. The 2003 versions of the International Building Code and the International Fire Code were adopted by the City of Plainview by ordinance on October 26, 2004. He gave examples of three significant fires that affected the ICC Codes, the MGM City Council Minutes February 9, 2010 Page 2 of 8 375 Grand fire in Las Vegas, Nevada in 1980, the Happy Land Social Club fire in the Bronx, New York in 1990, and the Station Night club fire in Warwick, Rode Island in 2003. He stated these fires attributed to mistakes made by building officials. The MGM Grand did not have a sprinkler system and 85 persons were killed, with over 700 injured. Building inspectors mistakenly granted an exemption from the sprinkler requirement; despite objections from the Fire Department. The Happy Land Social Club did not have a sprinkler or alarm system. The business was ordered closed 14 months prior to fire due to code violations. However, owners continued to operate unnoticed by City officials. The Station Night Club did not have a sprinkler system but did have a functioning alarm. The fire inspectors mistakenly failed to require a sprinkler system when the occupancy changed to a night club. 100 persons were killed. The City of West Warwick offered a $10 million dollar settlement. The building was fully engulfed at five minutes and 23 seconds. Many people and organizations have worked diligently to develop these codes and buildings are much safety today due to these codes and code enforcement. The City Council adopted codes and charged staff with enforcement of these codes. Ms. Pearce introduced Philip Mize, Fire Marshal. Mr. Mize stated Ms. Martinez has made several improvements including landscaping improvements. Ms. Martinez provided a floor plan. The OCL is 1080. The assembly area is 16,200 square feet with a load factor of 15 for less congested non fixating. The storage area and the bathroom area do not apply in the square footage. Ms. Martinez has put in an additional two doors. She was required to do this because any occupancy area that has a load factor of greater than 1,000 is required to have four separate means of egress. He explained the different occupancy classifications. Assembly Group A occupancy includes, the use of a building or structure, or a portion thereof, for the gathering together of persons for purposes such as civic, social or religious functions, recreation, food or drink consumption or awaiting transportation. This building fits most appropriately under the A -2 classification since it is a BYOB facility and also allows food and drink consumption. The Certificate of Occupancy codes it as a banquet hall. The Code defines A -2 Assembly uses intended for food and /or drink consumption including, but not limited to: banquet halls, night clubs, restaurants, and taverns and bars. Another classification is A -3 Assembly which its uses are intended for worship, recreation or amusement and other assembly uses not classified elsewhere in Group A, including, but not limited to: amusement arcades, art galleries, bowling alleys, churches, community halls, courtrooms, dance halls (not including food or drink consumption), exhibit halls, gymnasiums (without spectator seating), indoor tennis courts (without spectator seating), lecture halls, libraries, museums, waiting areas in transportation terminals; and pool and billiard parlors. This building was previously coded as amusement arcade under a different set of codes, but this building in its current use would not qualify under the A -3 designation because of the consumption of food and drink. Mr. Mize went over the different codes to explain how he came about the requirement to City Council Minutes February 9, 2010 Page 3 of 8 376 have a sprinkler system and alarm system. Section 604.2.2 of the 2003 International Existing Building Code, Chapter 6 states that in buildings with occupancies in Groups A, etc., work areas that include exits or corridors shared by more than one tenant or that serve an occupant load greater then 30 shall be provided with automatic sprinkler protection where all of the following conditions occur: 1. The work area is required to be provided with automatic sprinkler protection in accordance with the International Building Code as applicable to new construction; 2. The work area exceeds 50 percent of the floor area; and 3. The building has sufficient municipal water supply for design of a fire sprinkler system available to the floor without installation of a new fire pump. Section 604.2.5 Supervision states that fire sprinkler systems required by this section shall be supervised by one of the following methods: 1. Approved central station system in accordance with NFPA 72. 2. Approved proprietary system in accordance with NFPA 72. 3. Approved remote station system of the jurisdiction in accordance with NFPA 72. 4. Approved local alarm service that will cause the sounding of an alarm in accordance with NFPA 72 Supervision is not required for the following: 1. Underground gate valve with roadway boxes. 2. Halogenated extinguishing systems. 3. Carbon dioxide extinguishing systems. 4. Dry and wet chemical extinguishing systems. The 2003 International Building Code: Chapter 9, Section 903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. For Group A -1, A -2, A -3, and A -4 occupancies, the automatic sprinkler system shall be provided throughout the floor area where the Group A -1, A -2, A -3, or A -4 occupancy is located, and in all floors between the Group A occupancy and the level of exit discharge. For Group A -5 occupancies, the automatic sprinkler system shall be provided in the spaces indicated in Section 903.2.1.5. 903.2.1.2 Group A -2 an automatic sprinkler system shall be provided for Group A -2 occupancies where one of the following conditions exist: 1. The fire area exceeds 5000 square feet (464.5m 2. The fire area has an occupant load of 300 or more; or 3. the fire area is located on a floor other than the level of exit discharge. He reminded everyone that this building is 25,710 square feet with a 16,200 square feet in the assembly area. The Occupant Load in the assembly area is 1080. Section 104.8 of the 2003 International Fire Code: Chapter 1, Section 104 states that modifications can be made to the requirements, but it does not however allow him to do away with the code. Modifications can be made when there are practical difficulties City Council Minutes February 9, 2010 Page 4 of 8 377 involved in carrying out the provisions of this code, the fire code official shall have the authority to grant modifications for individual cases, provided the fire code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the files of the department of fire prevention. Since the projected cost of the fire sprinkler and alarm system was estimated to be around $80,000, he allowed Ms. Martinez the following modifications from August 2008 and October 1, 2009: 1. All events will have at least one person assigned to fire watch. 2. Any person assigned to fire watch shall not be assigned to any other duties. 3. Any person assigned to fire watch must have access to a telephone or other form of direct communication with Plainview 911 dispatch. 4. All persons to be used for fire watch duty must be approved by the Plainview Fire Marshal or his designee. 5. A list of events scheduled for this facility must be presented to the Fire Marshal for approval at least 10 days prior to the event. He sent Ms. Martinez a letter on August 25, 2008 allowing her until October 1, 2009 to complete the requirements. In the event compliance was not met by this date, she was advised that all events scheduled for this facility be cancelled and use of this facility be discontinued until all code requirements are met. Mr. Mize reiterated that at no point did the board violate the Open Meetings Act. He recommended that the Council uphold the Board's decision to revoke the Certificate of Occupancy for this facility on the grounds that they have had ample opportunity to complete such. Ms. Pearce reiterated that Ms. Martinez was given plenty of time to complete the requirements. Ms. Martinez did not comply with the fire watch requirements at which time the Fire Marshal came to the conclusion to close the building. The Board agreed and revoked the certificate of occupancy until the fire alarm and sprinkler system is put in. The board was very empathetic to her situation but had no choice but to follow the Code. She stated the Council can basically uphold or revoke the decision of the Board and staff recommends that the Council uphold what the Board has done because we believe we are protecting the citizens by doing so. Mayor Anderson moved that this Council uphold the order of the Building Trades and Fire Code Board of Appeals, Case No. BTFCBA 2010 -01 dated January 25, 2010 as executed by Mr. Tilman Reagan, Chairman. The motion was duly seconded by Councilmember Nash. Mr. Rosas added that he was not aware of the contract that the Fire Marshal gave to Ms. Martinez. He found out about this after the fact. He was advised later and he told her that they should have complied with this first. He is familiar with the fire watch. The important part is capacity. Ms. Martinez put in the exit doors, fire watch and everything. The only thing she did not do was to to call the fire marshal. He asked what was the capacity in the video presented? He brought up again regarding City Hall being closed prior to the last meeting. City Council Minutes February 9, 2010 Page 5 of 8 378 Mayor Anderson asked for a vote on the matter. The motion carried unanimously. Item 5 Closed Session per Sec. 551.071 was not needed. Item 6 to consider and take necessary action regarding request of Antonia Martinez was not needed. Brandon Brownlee, Chairman of the Plainview Housing Authority presented the Annual Report. Mayor Anderson asked for public comment. There was no public comment. Councilmember Tipton moved to accept the report. The motion was duly seconded by Councilmember Trusler and carried by unanimous vote. Belinda Hinojosa, City Secretary presented for consideration Resolution R10 -217, a Resolution of the City of Plainview calling and setting the date for the Regular Municipal Election; Setting two twelve hour days for early voting as required by Section 85.005 (d) of the Texas Election Code; Designating districts and polling places for Districts 1, 2, 3, and 4; Designating the election of a Councilmember for Districts 1, 2, 3, and 4 respectively; and posting Notice of Election. She stated this Resolution calls the Election for Councilmembers for Districts 1, 2, 3 and 4. The first day to file for a place on the ballot is February 6, 2010 and the last day to file is March 8, 2010. Election day will be May 8, 2010 and early voting will be April 26, 2010 through May 4, 2010. Early voting will take place at City Hall. The state legislature passed law that requires that cities hold two 12 -hour early voting days. This Resolution sets out Tuesday, April 27, 2010 and Tuesday, May 4, 2010 as the two days with voting taking place from 7:00 a.m. to 7:00 p.m. The Resolution also sets out the polling places as follows: District No. 1 Ash Elementary School, 908 Ash Street, Plainview, Texas; District No. 2 Hillcrest Elementary School, 315 S.W. Alpine Drive, Plainview, Texas; District No. 3 Lakeside Elementary School, 1800 Joliet Street, Plainview, Texas; and District No. 4 College Hill Elementary, 707 Canyon Street, Plainview, Texas. Mayor Anderson asked for public comment. There was no public comment. Councilmember Nash moved to adopt Resolution R10 -217. The motion was duly seconded by Councilmember Waggoner and carried by unanimous vote. Delwin Derrick presented for consideration on first reading Ordinance No. 10 -3524, an Ordinance Amending The Zoning Map Of The City Of Plainview, Texas For Rezoning Lots 9 -10, Block 65, Highland Addition Plv, Same Being Located General Area Of 1212 W. 14th Street, From A Neighborhood Retail And Service (C -1) Zoning District To A Single Family Residential (R -2) Zoning District, City Of Plainview, Hale County, Texas; Cumulativeness Clause; Conflicts Clause; Severability Clause; And Effective Date. This is a request of Onofre Hinojosa for rezoning the property located at 1212 W. 14 The property was originally zoned as a R -2 Single Family Residential Zoning District and was changed to a C -1 Neighbor Retail and Service District in 1983. Approving the zone change will put the property back to its original configuration and remove the spot zoning that had been applied. He stated one "no" response was received but the person did not give a reason. Staff recommends approval. City Council Minutes February 9, 2010 Page 6 of 8 379 Mayor Anderson asked for public comment. There was no public comment. Councilmember Bertsch moved to approve Ordinance No. 10 -3524 on first reading. The motion was duly seconded by Councilmember Trusler and carried by unanimous vote. Greg Ingham, City Manager reviewed the FEMA Appeal Process for New Flood Insurance Rate Map (FIRM). The Federal Emergency Management Agency (FEMA) is updating the City of Plainview's Flood Insurance Rate Map (FIRM). They have now started the appeal process in the event anyone disagrees with the proposed maps. The City did request to do a full flood study which they did not allow. The appeal process normally runs for 90 days after the second publication of the appeals process which took place on February 5, 2010. The citizens have a right to appeal changes in the proposed Flood Insurance Rate Map (FIRM) to FEMA. The City of Plainview is assisting FEMA in that process by making maps available for review by the public, accepting and reviewing appeals or comments, and then providing the information to FEMA. Appellants must show that FEMA's information is scientifically or technically incorrect. The City has flood maps available for anyone wanting to view if their home is located in a flood plain. The sole basis for the appeals shall be having knowledge or information indicating that the proposed base flood elevation determinations proposed by FEMA are scientifically or technically incorrect. Because scientific and technical correctness if often a matter of degree rather than absolute, appellants are required to demonstrate that alternative methods of applications result in more correct estimates of base flood elevations, thus demonstrating that FEMA's estimates are incorrect. If an appellant believes the proposed base flood elevations are technically incorrect due to a mathematical or measurement error or changed physical conditions, then the specific source of the error must be identified. Supporting data must be furnished to FEMA including certifications by a registered professional engineer or licensed land surveyor of the new data necessary for FEMA to conduct a reanalysis. Mr. Ingham stated if you want to see hard copies of the maps you can go to City Hall and contact Jim Edmiston or if you need additional information you can go to the FEMA website at http: /www.fema.gov /plan /prevent /fhm /bfe.. He also mentioned that if you own property in an area that is currently not in a flood plain, but the new floodplain maps show your property could be included in the flood plain, it could have an impact on your home insurance. FEMA has provided us with information on the process of "grandfathering" property which would reduce the long- term financial impact of the change on our citizens. Two areas of major concern are around Grandview and 7 Parkway. Mayor Anderson moved to go into closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, or to hear a complaint or charge against an officer or employee. [Tex. Gov't. Code, Section 551.074]. Appointments to the following boards and commissions: Runningwater Draw RSVP Advisory Board and Library Board. The motion was duly seconded by Councilmember Bertsch and carried by unanimous vote. City Council Minutes February 9, 2010 Page 7 of 8 380 Mayor Anderson recessed the meeting at 9:17 p.m. Mayor Anderson called the meeting back in open session at 9:30 p.m. Councilmember Trusler moved that Emma Herring be appointed to the Runningwater Draw RSVP Advisory Board with said term to expire on December 2012. The motion was duly seconded by Councilmember Pena. There was no public comment. The motion carried unanimously. Councilmember Trusler moved that Kim Horne and Kevin Sweeney be reappointed to the Library Board with said terms to expire on December 31, 2013. The motion was duly seconded by Councilmember Waggoner. There was no public comment. The motion carried unanimously. There being no further business, Mayor Anderson adjourned the meeting at 9:33 p.m. 7 2- 1:14u-d 4 4A O rk---/ Belinda Hinojosa City Secretary City Council Minutes February 9, 2010 Page 8 of 8