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HomeMy WebLinkAbout94 0823 min MINUTES CITY COUNCIL MEETING City of Piainview August 23, 1994 The Plainview City Council held a meetin at 7:30 p.m., Tuesday, August 23, 1994 in the Council ChamberS of the Plainview Ci 901 Broadway. The Council will meet in Pre, t~:7:00 p.m. Mayor LI Js presided. Councilmembers present were: Alton Jackson Sr. - Precinct 1; Mary Virginia Kirchhoff - Precinct 2; Rey Rosas - Precinct 3; Mike Hutcherson - Precinct 4, Barbara Dorman - Precinct 5, Dwain Dodson and Irene Favila - Precinct 7. Staff members present were: James P. Jeffers - City Manager; Wally Hatch - City Attorney, Muff London - Director for Community Development, John Berry - Assistant Director of Public Works, Terry Powers - Director of Human Resources, Roy L. Osborne - Director of Public Safety, Norman Huggins - Director of Finance, Rolando Asebedo - Fire Marshall, Bruce Watson - Fire Chief, and Karen McBeth - City Secretary. News media present: Cathy Frye - Lubbock Avalanche Journal, Richard Orr - Plainview Daily Herald, and Randy Ballinger - KKYN. The proceedings were video taped by Wayland Baptist University. Guests present were: Onofre Hinojosa - 500 E. 4th St., Wallace Davis - 1307 6th St., David Wilder - 300 Lometa, Norman Wright - 1209 Vernon, Don Smith - 2810 W. 19th St., Jim Mock - 404 Garland, and Terry Teague - 1401 Zephyr. OPEN MEETING 1. Invocation - Irene Favila 2. Recognitions/Oath of Office - Lee Bridwell took his Oath of Office to serve on the Board of Minimum Housing. Don Smith presented city employee Wayne Fuller with a letter of appreciation for finding and returning a tire lost from the back of his pickup. Councilmember Irene Favila presented Onofre Hinojosa a letter of appreciation honoring him for his many years of public service and having a business in Plainview. 3. Consent Calendar - Barbara Dorman moved to accept and approve the Consent Calendar; Rey Rosas seconded the motion; the motion carried unanimously among the seven councilmembers present. a) b) c) Minutes were approved. Departmental Reports were approved. Expenditures were approved. 1 of 8 d) Board, Committee and Commission Appointments. Gary Garrison was appointed to the Building Code/Fire Code Board of Appeals; Mike Hutcherson and Rey Rosas were appointed to the Plainview/Hale County Health Department/$PHPO Study Committee. Dwain Dodson was appointed to organize a committee to study Fire and EMS relations with Hale County. e) SAFE Program - YMCA - Mayor Woods was authorized to execute a contract amendment increasing the City's allocation to the YMCA for the SAFE program. f) Budget Amendment - Nondepartmental - Ordinance No. 94-3009. An Ordinance amending Ordinance No. 93-2975 to appropriate funds for the "SAFE" youth summer program in the 1993-94 Budget. The Budget was so amended. g) Sanitary Landfill - Authorized the City Manager to negotiate and execute a contract for engineering services for the Plainview Sanitary Landfill with Hamm Engineering. h) Main Street - ISTEA - Resolution No. R94-112 - A Resolution of the City of Plainview recognizing a desire and continuing need to provide Main Street Program services to the citizens of Plainview in the down town area, thereby continuing support of the historic downtown as listed in the National Registry and a continued appreciation for the involvement of the various down town entities in the revitalization of the central business district. Resolution was passed and approved. i) Main Street - ISTEA - Resolution No. R94-111 A Resolution of the City of Plainview, Texas, authorizing the submission of an application for an intermodal surface transportation efficiency act grant. Resolution was passed and approved. j) Budget Amendment - EMS - Ordinance No. 94-3010. An ordinance amending Ordinance No. 93-2975 to appropriate funds for the purchase of software and personal computer for Emergency Medical Services in the 1993-94 Budget. Ordinance No. 94-3010 was passed and approved. REGULAR AGENDA 4. Wayland Baptist University - Dr. Wallace Davis, President of Wayland Baptist University reported on the many coo perative efforts of Wayland Baptist University and the City of Plainview. He stated the two entities have enjoyed a close relationship for many years and he plans on continuing to be a "good neighbor" to the city. He said the university provides a campus and educational opportunity to all the people of Plainview. ~ ~ 2of8 He wants all of it's facilities available to the citizens of Plainview, and surrounding area. He said he hopes the city will be as proud of having WBU here as they are of being in. Plainview. Bill Hardage, WBU Liaison to the City Council stated he looks forward to working with the city. Mayor Woods presented Dr. Wallace a Certificate of Appreciation. 5. Itinerant Merchants - Frank Diaz, Manager of JC Penney store, asked for regulation of itinerant merchants. He stated that his request is supported by merchants in Towne Center, GabrieI-Wayland Shopping Center, and the Downtown Association. He said itinerant merchants move from city to city; set up business on vacant lots; take money from those who patronize them and do not re-invest any of their profits in the city. He requested the City Council require additional fees, permits and/or charges to be placed on these merchants so as to compensate for the loss of revenue which would normally go to an established business. He stated he did not believe these requirements should be applied to local farmers to sell their seasOnal vegetable crops to local citizens on various vacant property around town. Mayor Woods said the City Attorney and the Council would take this under advisement. Mayor Woods requested agenda item number 7 be addressed next, due to the length of the expected report on the water treatment plant. The council agreed to this requeSt. 7. Country Club - Jim Mock, President, Plainview Country Club requested the City demolish the "old" club building. He stated the Country Club board and the City of Plainview have reason to be very proud of the new building that has been constructed for use as a country club and a convention and conference center. Three years ago when the plans were formulated for the facility the City of Plainview agreed to invest $400,000 of Hotel/Motel tax for construction of the convention and conference center. At that time the plans were to build on to the existing building and refurbish the old portion of that building. No provisions were made in the original contract and agreement for demolition of the old building. He stated they have received a bid for this service in the amount of $23,000, but since the public/private partnership has always existing between the Country Club and the City he hoped the Council would agree to pay the demolition cost from additional Hotel/Motel tax revenues. Terry Teague also s po ke to the Council stating that many conventions and meetings have already been scheduled in the new facility for the next year and these activities would bring in several hundred people who would spend money in Piainview in addition to staying in hotels and motels here. The Council asked many questions regarding the present and proposed use of the new building. It was brought to the attention of the Council that the grounds and facilities were originally given to the city by private citizens to avoid paying taxes on the property. The agreement was that the private club would provide the care of the property, greens keepers, provide equipment for the golf course and it would be open to the public. Terry 3of 8 Teague stated the facilities could be used by everyone for numerous types of activities, both personal and public. The building will still be maintained by the private membership so the City will always have staff, meeting rooms and kitchen facilities available for the City's use which they will not have to provide for themselves. He emphasized the City and the country club has always been a joint venture to the advantage of both parties. The Council stated they have already invested a sizeable amount of revenue in the venture and that they must be prudent with taxpayers money, even if it was hotel/motel tax. Barbara Dorman made a motion the City extend $23,000 to demolish the old building, which would in effect finish the project they had started and that this money be paid from Hotel/Motel tax; Mike Hutcherson seconded the motion. Mayor Woods asked Director of Finance Norman Director if there was any money in the Hotel/Motel tax account at this time; Mr. Huggins stated there was none. Mayor Woods asked that the council be polled for their votes. City Secretary asked each council member for their vote and is recorded as follows: Alton Jackson Sr. voted no; Mary Virginia Kirchhoff voted yes; Rey Rosas voted no; Mike Hutcherson voted yes; Barbara Dorman voted yes; Dwain Dodson voted no; and Irene Favila voted no. There were three votes yes and four votes no. The motion failed. Mayor Woods called a five minute recess. The Council reconvened at 8:55 p.m. 6. Waste Water Treatment Plant - Randy West, with Parkhill, Smith & Cooper, Inc. an engineering firm the city has contracted with for certain services, reported on their findings regarding permitting needs and future water needs for the City of Plainview. Mr. West's review of the current status of TNRCC effluent discharge permit revealed the present permit was submitted in June, 1994, as a renewal with no modifications or amendments regarding flow or any other parameters. The draft permit from TNRCC is expected back in November, 1994. The expected discharge parameters for the renewal of the permit are as follows: Flow: Peak flow: BCD (5): TSS: Ammonia-N: Dis. Oxygen: 3.06 m/g per day 7.65 m/g per day 20 m/g/L 20 m/g/L 12 M/G/L (new permit requirement) 6 m/g/L These parameters only pertain to the current permitted conditions of 3.06 m/g per day average flow. These parameters will not apply with the increase in flow to the permit due to TDCJ prisons, Seth Ward, growth, industry, etc. Mr. West continued with the status of the toxicity reduction evaluation (TRE). The final TRE report was submitted to EPA in July, 1994. The reported stated that ammonia was identified as the toxicant to the test organisms through a series of tests and evaluations. The anticipated responses from EPA are twofold: 1. The implementation of Whole Effluent Toxicity (WET) limit. The effect of this WET limit would be a significant reduction in effluent ammonia levels. 4of8 2. The implementation of a schedule for compliance with the WET limit. The current schedule is for completion of improvements in March, 1998. EPA could alter this schedule: Mr. West advised the city to make a "20 year plan" so as to be prepared for handling the expected growth and needs for its citizens. He supplied technical data which he believes will be required to satisfy both TNRCC and the projected growth estimates. A design flow of 5.0 m/gd with a peak flow of 12.5 m/gd has been recommended. Criteria established by TNRCC requies that the flow rate through waste water treatment plant remain below 75 percent of capacity. If a plant exceeds 75 percent for three consecutive months, the facility must begin studies to increase capacity or must show that flow will not increase. Therefore, when designing a facility, a buffer must be included to prevent expansion before the design life of the facility. The current maximu monthly flow through the plant is 2.32 m/gd. The increase in flow over the next twenty years is approximately 0.12 m/gd, based on Texas Water Development Board population projections for the city. An expected increase in flow due to TDCH prison facilities is 0.446 m/gd. Seth Ward and other adjacent additions could have am impact of approximately 0.385 m/gd. The current treatment facilities are designed to treat an average flow rate of 3.06 m/gd and a peak flow rate of 7.65 mk/gd. TNRCC criteria requires the new facilities be designed to treat an average flow rate of 5.0 m/gd and a peak flow rate of 12.5 m/gd. Alternatives were considered initially. However, in order to perform a complete evaluation, the alternatives were narrowed to two. Those alternatives were (1) conventional activated sludge and (2) extended aeration activated sludge. Capital and operation and maintenance costs were estimated for both alternatives. The costs were then converted to present worth to perform an equal evaluation of all costs. The costs for each alternative are as follows: Conventional Acivated Sludge: Capital- 12.39 million dollarS O & M - 0.566 million dollars PW - 18.37 million dollars Extended Aeration Activated Sludge: Capital- 11.66 million dollars O & M - 0.502 million dollars PW - 16.98 million dollars The operation and maintenance costs were based on an average of conditions when the plant initially goes on line and in the design year (20 years after start up). Based on the costs associated with the two alternatives it is recommended that the extended aeration option be considered for the City's future wastewater treatment plant needs. This option would include the constructon of a new main lift station, new headworks facilities (bar screen, grit removal and flow meter), new extended aeration basins and aerators, new secondary clarifiers, a new reliff pump station (if needed), 5 of 8 modifications to the current ultraviolet disinfection facilities to handle additional flow, use of the existing re-aeration basin, conversion of the City's anaerobic digesters to aerate sludge holding tanks and the addition of a solids handling building to include a belt filter press. The proposed facilities should provide an effluent which will meet future permitted requirements. An estimate as to the economic impact to the residential and commercial/industrial users within the City of Plainview has been developed. Based on current rate structures, current debt retirement and operating and management costs for the proposed system would be: Single family residential Multi family residential Commercial/In dustrial 63% increase in cost 57% increase in cost 58% increase in cost The scheduled submitted to EPA for implementation of improvements to meet future requirements is as follows: Decision on treatment alternatives - September, 1994 Funding of project (secured by city) - September 1995 Design of improvements to WWTP - October, 1995 to May, 1996 Construction of improvements to WWTP - September, 1996 to March, 1998 Compliance with permitting requirements - March, 1998 This schedule is subject to modification by EPA and/or TNRCC. Mr. West concluded by saying the Council should view this as an investment in Plainview. This will attract business and industry. The Council asked numerous questions of Mr. West and thanked him for his report and for coming to the meeting to explain the findings. 8. Electrical Code - Reciprocal Agreement - Ordinance No. 94-3011. An Ordinance of the City of Plainview, Texas, amending the Electrical Code, Chapter 4, Section 4.1, to include reciprocation as follows: A Master Electrician, Master Sign Electrician, Journeyman Electrician, or Journeyman Sign Electrician licensed to perform electrical work in other cities for at least three years; Density regulations; Cumulativeness clause; Conflicts clause; Severability clause; and Effective Date. A. Public Hearing - Barbara Dorman made a motion to open the Public Hearing; Mike Hutcherson seconded the motion; the motion passed unanimously. No one spoke for or against the proposed ordinance. Barbara Dorman moved to close the Public Hearing; Rey Rosas seconded the motion; the motion again passed unanimously. B. Council Action - Barbara Dorman made a motion Ordinance No. 94-3011 be approved as presented; Mike Hutcherson seconded the motion; the motion passed unanimously. 6of8 9. Health Department - Building - Consider request from the Plainview/Hale County Health Department for $900 to conduct building feasibility studies. Dr. Steve Turner, Chairman of the Plainview/Hale County Health DePartment spoke in favor of the request stating the entity was in serious need of more space and this would enable the Board to make the wisest possible decision. Dwain Dodson made a motion to approve the request, noting the city would pay $450 and the county would pay the remaining $450; Barbara DOrman seconded the motion; the motion carried unanimously. 10. Zoning - Pawn Shops and Restaurants Without Drive In or Drive Through Service - Ordinance No. 94-3008. An Ordinance of the City of Plainview, Texas, amending the use chart in Section 8.1 of the Plainview Zoning Ordinance No. 89-2798; Regarding pawn shops and restaurants without drive-in or drive through service; Severability clause; Cumulativeness clause; Conflicts clause; Effective date. Muff London, Director for Community Development explained this ordinance would "clean up" some Problems in the Zoning Ordinance eliminating the need for some Specific Use Permits and to comply with State law. A. Public Hearing - Dwain Dodson moved the Public Hearing be opened; Barbara Dorman seconded the motion; the motion carried. No one spoke for or against the Ordinance. Dwain Dodson moved to close the Public Hearing; Barbara Dorman seconded the motion; the motion carried. B. Council Action - Barbara Dorman made a motion to approved Ordinance No. 94-3008 as presented; Dwain Dodson seconded the motion; the motion carried unanimously. 11. Zoning - Accessory Buildings - Ordinance No. 94-3007. An Ordinance of the City of Plainview, Texas, amending Zoning Ordinance No. 89-2798; Providing for an amendment to Section 34:1 (1), Accessory Buildings; Cumulativeness clause; Conflicts clause; Severability clause; and Effective date. Director for Community Development Muff London reviewed this ordinance stating it Would allow property owners to better use their property and not require them to seek approval from the Board of Adjustment for the construction of accessory buildings in so far as setback lines were concerned. A. Public Hearing - Barbara Dorman moved to open the Public Hearing; Dwain Dodson seconded the motion; the motion carried unanimously. No one spoke for or against the ordinance. Dwain Dodson moved to close the Public Hearing; seconded by Barbara Dorman; the motion carried unanimously. B. Council Action - Barbara Dorman made a motion to approved the ordinance as presented; Dwain Dodson seconded the motion; the motion passed. 12. Zoning - Area Set Back Height, Coverage and Density Regulations - Ordinance No. 94-3012. An Ordinance of the City of Plainview, Texas, amending the Zoning Ordinance No. 89-2798; Providing for an amendment to Section 32:1 (1), area, set back, height, coverage, and density regulation; Cumulativeness clause; Conflicts clause; Severability clause; and Effective Date. Muff London stated this would allow people to add on to a home that was built prior to the date of the Comprehensive Plan, that comply with 7of8 the zoning rules of the time when the house was built. A. Public Hearing - Barbara Dorman made a motion to open the Public Hearing; Mike Hutcherson seconded the motion; the motion passed. Mark Warren spoke for the Ordinance stating this made a lot of sense and would expedite the improvement of many older houses in town. No one else spoke. Mike Hutcherson moved to close the Public Hearing; Barbara Dorman seconded the motion; the motion carried unanimously. B. Council Action - Dwain Dodson made a motion the 'Ordinance be approved as presented; Irene Favila seconded the motion; the motion carried unanimously. 13. Flood Plain - Resolution No. R94-113 - A Resoluton of the City of Plainview, Texas, authorizing a request to FEMA for a new study to be done to reduce the flood plain map in the City of Plainview, Texas. Mr. Jeffers stated that the Soil Conservation Service has built dams upstream in Running Water Draw so as to keep it from flooding during a rainy season. In 1966 the Corps of Engineers increased the area of land included in the Flood Plain. This Resolution is asking the Federal Emergency Management Agency to do another study and perhaps reduce the area of land included in their flood plain making more land available for profitable use in this area. Rey Rosas moved to approve Resolution No. R94-113; Alton Jackson Sr. seconded the motion; the motion passed unanimously. 14. Executive Session Discussion of pending or contemplated litigation. This meeting is authorized by [TEX. REV. CIV. STAT. and Art. 6252-17, Sec. 2(G), (Vernon Supp. 1994).] Concerning sub-standard property at 1223-1225 West 21st St. Rey Rosas made a motion the Council move into Executive Session; Barbara Dorman seconded the motion; the motion carried. -Th~'~ Council reconvened in Open Session and no action was taken. 15. Adjournment - Mayor Woods adjourned the meeting at 9:10 p.m. PASSED AND APPROVED on September 13, 1994 ATTEST: Kare'n McBeth, City Secretary 8of8