‘Junkyard or wrecking yard’ classification terms specified
Center’s City Council approved, with conditions, amending the ‘Zoning Ordinance for Specific Use Permit at 637 Railroad Ave’ at Monday’s regular meeting Feb. 13.
The action followed the recommendation of the Planning & Zoning Commission that met prior to the council meeting.
Council meeting notes stated, “the draft in the packet will need to be amended for action of council by motion to include: 1) approval/ denial of the application and 2) any special conditions particular to this site and requested operation.”
A rezoning from “industrial” was not being requested, but within the zoning district, a “junkyard or wrecking yard” classification requires a specific use permit to operate. City code staff has been working with the operator for more than a year, as vehicles violating state laws on storage/maintenance of “junk vehicles” have escalated.
The increase in inoperable, unlicensed and/ or expired state registration, has also created violation of state laws regarding the permitting and screening of salvage/junkyards. These changes ultimately resulted in notice to the property owner of the zoning violation, as the use classification of “automobile repair/auto storage” no longer applies to activity clearly defined as “automobile wrecking yard or junkyard.”
The owner intervened with this application to allow the renter operator of the site to continue operations involving junk vehicles and long-term storage.
Resolution 2023-5 -TCEQ Water Rights Permit Signatory The council approved a step to expand the city’s water capacity from reuse includes a preliminary application for amendment to the city’s existing water rights issued by certificate of adjudication by the state. The draft application is included, and the resolution authorizes the signature, submittal and city point of contact other than the project engineer.
Resolution 2023-6 -Texas SmartBuy Membership Also approved was use of The Texas Comptroller’s office pre-bid purchasing coop which includes several single-source provider items that the Center Police Department requires for drug test kits and investigation materials. This entails an annual $100 fee to the state, and is the only method for acquiring these test materials.
Resolution 2023-7 -Authorizing Adjustment to Benefit Waiting Period A modification of employment terms and benefits was approved to act on the change presented by the city’s insurance carrier to comply with industry standards while maintaining compliance with the federal Affordable Care Act (ACA). The current waiting period for any benefit eligibility is 90 days after hire date. City staff is recommended the change to apply to all benefit options, whether employer or employee paid, pretax or post tax. The recommended adjustment is to use the date for purchase/eligibility of all benefits offered to the 1st of the month following 60 days after start date.
Declaring Surplus Property
Approved was the sale of a surplus vehicle. Three vehicles were presented as surplus for disposal by auction/bid sale. The first two were budgeted within the vehicle replacement fund (VRF) for replacement this year and replacement units have been acquired. The third was included in the VRF this year but scheduled for replacement in next fiscal year. However, last month, significant analysis and likely repair costs were projected beyond the value of the unit, likely upwards of $12,000. The replacement of the unit will be made in this year’s budget, if approved. Funds are available.
Requests for City Membership Not approved was membership in the Texas Forest Country Partnership. The city, Center EDC and chamber previously were participating members in this regional organization that has gone through many transitions and adaptations over 20-plus years. The county has never participated and the chamber and city both ceased participating about eight years ago leaving the CEDC as the only member.
In attempts to expand income for spending, not really in services or activity, TFCP has again invoiced the city for membership.
The council approved membership in the Pineywoods Resource Conservation & Development Corporation. This regional entity has never solicited city membership as they primarily service utility operations and start-ups for small, rural areas. They do, however, offer services that Center has utilized to offer local projects in lieu of TCEQ fines and penalties. Almost 10 years ago, major fines were waived with hosting of household hazardous waste events that were coordinated by the Pineywoods RC&D.
Items of Interest (no action required) • Cash & Investment Report - Overall cash position improved during the quarter with the primary funds seeing decreased being the EDC from Broadband development agreement disbursement and Street EDC due to annual street project payment.
• Revenue/Expense Dashboard • Monthly dashboards for revenue/expenditures during December and January were enclosed in the council packet.
• Sales Tax Monthly Reports - Monthly sales tax reports for January, was noted as “not bad at 1.3%,” and February (December activity) which just came in at 15% over prior year. It was noted that the staff was “looking into any non-typical receipts and anticipate several commercial projects, particularly two renovation projects, will contribute greatly to this surprising increase.”
• Lake Levels/Drought – “Good news” that after storms during January both lakes have reached normal pool elevations and begun to flow over the dams.
• Water System Projects — New EPA Lead/Copper Rules – “Staff will be spending an enormous amount of time and effort, with the possibility of bringing request for added consultant funding, to comply with the new rules. Additional testing and sampling at sites, like schools, was expected but the level of detail for every customer connection is well beyond information ever maintained and may require excavation at most, if not all meters, to ensure accuracy of required inventory submittals.”
— Aiken Plant Rehab project is “progressing on design phase. With preliminary estimate in the next few months, funding options for project costs will be presented. Plan submittal for authorization to bid should be complete in Spring or early Summer.”
— Flat Fork WSC & PUC – “While all customers have now been incorporated into the city system, the PUC still has not provided final clearance of the change.” The most recent submittal toward closure was included in the council packet.
— South Elevated Water Tank Project – “Construction of the piping is being completed and the tie in of the 24’’ main for the tank connection was scheduled for February 11. The initial steel riser legs for the tank are projected to arrive within the next two weeks so that progress should become more visible by March, but the tank “bowl” is not expected prior to June.
— Mill Creek Rehab Project - Council approved partial filter rehab for the water treatment plant and the vendor is delivering the filter media and underdrains this month. The 2-3-day project “will not interrupt water production as this filter has been out of service due to the underdrain failure.”
—TCDP Application - City staff learned last week that TOA guidelines preclude submission of a TCDP application this year by Center as the current project will not be complete by the upcoming application deadline. Chances of a new project being funded were unlikely since the city obtained this grant during the last cycle for the current elevated water tank project.
• Street Project - Drewery (Drewery Construction Co., Inc.) continues to struggle with the two remaining items, Childs Street finish asphalt, but more so the culvert replacement on George lhlo. Both should be completed before the end of the month unless weather continues to hamper the drainage work.
• Sewer Project - Two large issues, most visibly was complete replacement of a collapsed manhole near Crawford St leaving Pine Terrace subdivision at the creek. Most costly was reconditioning/repair of main blowers/pumps at the wastewater plant that has been accomplished without permit exceedances or significant operational issues.
• Broadband - ETEX has initiated work to occupy a portion of 301 Nacogdoches and begin preparations for system installation and fiber work within the next several months. Tentative ribbon cutting is set for afternoon on April 21st.
— TML Broadband Advisory Committee – City Manager Chad Nehring has been appointed to a newly created stateside broadband advisory committee for cities.
— DETCOG/FCC/State Comptroller Both DETCOG and the state’s broadband office are promoting challenges and delays in the FCC’s preliminary broadband service map.
• TXDoT TAP preliminary submission TXDoT issued a preliminary call for alternative transportation projects in a different format for review. The project outline is a general narrative and TXDoT will choose based on no defined rating system, projects they will accept a full submission. The preliminary information for three separate pedestrian system projects from the city’s parks Master Plan and 2014 Transportation Plan within the Comprehensive Plan were presented.
• Rotary Club Donation - Club leadership approached the city about their project for fully accessible playground equipment, the city accepting the purchase and installation at Portacool Park.
• Airport - Federal Stimulus Excess Funding - Last Summer’s Federal Infrastructure Bill dedicated annual funds for all FAA recognized airports. Center has allocation of $159,000 per year but the FAA has yet to allow submission or even approve planned uses for any of these dollars. The Airport Board will advise on priority, but the fuel system replacement and upgrade is likely the top of the list as standard annual FAA/TXDoT construction programs do not allow for those improvements.
• Boards/Committee/Commission Appointments - Council appointee lists to boards will be provided on a consistent basis to allow time for recruitment and recommendation before terms expire or committees need to be reactivated or tasked with new agenda.
• Police Dept - Cadet Program - Two local, qualified young men were selected by the Police Department to begin police academy and have already started dispatch, ride-along and office duties as they begin required training.
• Opioid Settlement – The city continues to address filings for the designated funds attributed to the city from both the initial and a secondary settlement, but no funding has been disbursed.
• Youth Programs - Basketball is progressing, baseball/softball/spring soccer signups are ongoing and the planning meetings for this Summer’s Youth World Series event will be scheduled.
The Center City Council meets the second and fourth Monday of each month at. 5 p.m. in the council chambers at city hall.