PRE-COUNCIL WORK SESSION, THURSDAY

PRE-COUNCIL WORK SESSION, THURSDAY

May 22, 1997, 8:30 A.M.

CITY COUNCIL OF THE CITY OF ABILENE, TEXAS,

BASEMENT CONFERENCE ROOM, CITY HALL

The City Council of the City of Abilene, Texas, met in a Pre-Council Work Session on May 22, 1997, at 8:30 A.M. in the Basement Conference Room of City Hall. Mayor Pro Tempore Ray Ferguson was present and presiding with Councilmen Paul R. Vasquez and A. Don Drennan, Councilwoman Carol Martinez, Councilman Rob Beckham, and Councilwoman Kay Alexander. Also present were Acting City Manager Roy L. McDaniel, City Attorney Sharon Hicks, Acting City Secretary Debbie Hurley, and various members of the City staff. Mayor Gary D. McCaleb, Assistant City Manager Mike Morrison, and Assistant to the City Manager Debra Guerra were absent from a portion of the Pre-Council session only.

Due to the absence of Debra Guerra, the Strategic Plan/Critical Issues briefing was postponed until a later date. Marva Pritchett, Director of Public Works, gave an overview of Item 3.3, Award of Bid for extension of Corsicana Avenue, clarifying points on the map. Mayor McCaleb, Debra Guerra, and Mike Morrison arrived at 8:40 a.m. Councilman Don Drennan requested removing item 3.2, Oral Resolution approving providing funds to the Abilene Improvement Corporation for building acquisition, from the Consent Agenda in Regular session to be considered separately. Sharon Hicks, City Attorney, distributed a new draft of the Ambulance Ordinance which reflected various minor wording changes. Council briefly discussed various consent and regular agenda items, and there being no further discussion, the meeting was recessed to the City Council Chambers until 9:00 a.m. for the regular Council Meeting.

REGULAR CITY COUNCIL MEETING

May 22, 1997, 9:00 A.M.

CITY COUNCIL OF THE CITY OF ABILENE, TEXAS

CITY COUNCIL CHAMBERS OF CITY HALL

Mayor McCaleb reconvened the City Council of the City of Abilene, Texas, into Regular Session May 22, 1997, at 9:00 a.m. in the Council Chambers of City Hall.

Invocation was given by Councilwoman Carol Martinez.

Pledge of Allegiance was led by Meagan Williams, 5th grader at Reagan Elementary, who was accompanied by her principal, Mr. Alan Lockett.

Mayor McCaleb presented the following proclamations

May 19-23 as Emergency Medical Services Week;

May 25-31 as Say So Week; and

May 25 as National Missing Children's Day.

There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held May 8, 1997, Councilman Vasquez moved to approve the minutes as printed. The motion was seconded by Councilwoman Martinez and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Ferguson and Beckham, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

Councilwoman Alexander moved to approve consent agenda items 3.1, 3.3, and 3.4 as recommended by the staff. Item 3.2 was removed from the Consent Agenda to be considered separately at the request of Councilman Drennan. The motion was seconded by Councilman Vasquez and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Ferguson and Beckham, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

Resolutions:

3.1 Resolution supporting Abilene as the 1999 host city for Association of Mayors, Councilmembers & Commissioners Institute.

The Resolution is numbered 21-1997 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AUTHORIZING A PROPOSAL TO HOST THE ASSOCIATION OF MAYORS, COUNCILMEMBERS AND COMMISSIONERS INSTITUTE IN JULY, 1999.

3.2 Oral Resolution approving providing funds to Abilene Improvement Corporation for building acquisition. Removed from Consent Agenda to be considered separately.


Award of Bid

3.3 Extension of Corsicana Avenue from Sagehen Ridge Dr. to existing Corsicana Ave., Bid #CB-7051. The bid was awarded to Norris & Norris of Tye, Texas, for the unit prices bid with an estimated construction cost of 168,517.04, as recommended by staff.

3.4 16" pipe for Water Utilities Department, Bid #CB-7052. The bid was awarded to Western Industrial Supply Company of Amarillo in the amount of $32,970.00 as the most advantageous to the City, as recommended by staff.



REGULAR AGENDA

Resolutions

3.2 Elizabeth Grindstaff, Downtown Manager, briefed the Council on an Oral Resolution approving providing funds to the Abilene Improvement Corporation for acquisition of the Matera building at 101 Oak Street for development of a museum, and distributed the balance sheet for the Reinvestment Zone #1. Acquisition costs provided by TIF funds would be in the amount of $152,500. Dr. Vernon Williams of ACU had previously proposed the Matera building be purchased for a 12th Armored Division museum.

Following a discussion of the item, Councilman Ferguson moved to approve by Oral Resolution providing funds to the Abilene Improvement Corporation for acquisition of the Matera building at 101 Oak St. for development of a museum, as recommended by staff. The motion was seconded by Councilman Vasquez and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Beckham, Ferguson, Councilwoman Alexander, and Mayor McCaleb.

Nays: None.

Public Appearance

4.1 Kathy Webster, Codes & Regulations Review Committee member, submitted a report of the Committee's findings and recommendations, requesting Council accept the report.

Councilman Beckham expressed his appreciation to Mrs. Webster and the committee, stating he learned a lot, and he now has a greater appreciation for staff and the community.

Mayor McCaleb stated his appreciation to the committee, and has received reports that staff has already begun making changes as recommended.

Councilman Beckham moved to accept the Codes & Regulations Review Committee report. The motion was seconded by Councilman Drennan and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Beckham, Ferguson, Councilwoman Alexander, and Mayor McCaleb.

Nays: None.

Resolutions

4.2 David Wright, Director of Finance, briefed the Council on a Resolution authorizing the implementation of a Passenger Facility Charge at Abilene Regional Airport. Staff recommends approval.

Mayor McCaleb thanked Mike Dohrse, Chair of the Airport Development Board, and Fal Falcioni, Airport Manager, for being in attendance.

Following discussion among Council and staff, Councilman Ferguson moved to approve the Resolution authorizing the implementation of a Passenger Facility Charge at Abilene Regional Airport, as recommended. The motion was seconded by Councilwoman Alexander and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Beckham, Ferguson, Councilwoman Alexander, and Mayor McCaleb.

Nays: None.

The Resolution is numbered 22-1997 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AUTHORIZING IMPLEMENTATION OF A PASSENGER FACILITY CHARGE AT ABILENE REGIONAL AIRPORT.

4.3 Dwayne Hargesheimer, Director of Water Utilities, briefed the Council on an Oral Resolution authorizing the City Manager to execute a contract for a water utilities billing system. Staff recommends approval.

Following discussion among Council and staff, Councilman Drennan moved to authorize, by Oral Resolution, the City Manager to execute contract agreements with INCODE Software for Municipal Governments with expenditure not to exceed $250,938. The motion was seconded by Councilman Vasquez and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Beckham, Ferguson, Councilwoman Alexander, and Mayor McCaleb.

Nays: None.

Ordinances

4.4 Sharon Hicks, City Attorney, briefed the Council on an Ordinance considered on final reading amending Chapter 5, "Ambulances", of the Abilene Municipal Code. Staff recommends approval of the Ordinance with changes as submitted in Pre-Council session.

Mayor McCaleb opened a public hearing on the item, and the following individual spoke in response to the request:

. Lon Robertson, Rural Metro Ambulance service, 2326 Glenwood. Mr. Robertson noted the type of services Rural Metro currently provides, stating 10 units of operation are available.

There being no one present and desiring to be heard, the public hearing was closed.

Councilman Vasquez moved to approve the Ordinance amending Chapter 5, "Ambulances", of the Abilene Municipal Code with changes as submitted in Pre-Council session, as recommended by staff. The motion was seconded by Councilman Drennan and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

Nays: None.

The Ordinance is numbered 20-1997 and is captioned as follows:

AN ORDINANCE REPEALING THE PRESENT CHAPTER 5, "AMBULANCES", OF THE ABILENE MUNICIPAL CODE AS SET OUT BELOW, ADDING A NEW CHAPTER 5 "AMBULANCES" AS SET OUT BELOW, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND CALLING A PUBLIC HEARING.

4.5 Carl Lockett, Planning Administrator, briefed the Council on an Ordinance considered on second and final reading - Z-02597 - Ordinance amending PDD 58 to allow recreational uses, located at Maple & Berry Streets. The Planning & Zoning Commission and staff recommend approval.

Mayor McCaleb opened a public hearing on the item, and the following individual spoke in favor of the request:

. Tina Rogers, proponent.

There being no one else present and desiring to be heard, the public hearing was closed.

Councilwoman Martinez moved to approve the Ordinance amending PDD 58 to allow recreational uses, located at Maple & Berry Streets with the following conditions: allow additional uses on tracts 3 and 4 with the use of land restricted to football, baseball/softball and soccer fields; volleyball courts; batting cages; golf driving ranges; paintball ranges and uses permitted in the Agricultural Open Space district with the following conditions: 1) football, baseball/softball and soccer fields; volleyball courts; batting cages; and golf driving ranges shall be set back a minimum of thirty (30) feet from all property lines; 2) paintball ranges shall be a minimum of fifty (50) feet from all property lines; and 3) any outdoor lighting shall conform to performance standards for illumination as set forth in Section 23-316.9 of the Zoning Ordinance, as recommended staff. The motion was seconded by Councilwoman Alexander and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

Nays: None.

The Ordinance is numbered 21-1997 and is captioned as follows:

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, "ZONING", OF THE ABILENE MUNICIPAL CODE, AND ORDINANCE NO. 25-1995 CONCERNING THE PDD #58 PLANNED DEVELOPMENT DISTRICT; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY AND CALLING A PUBLIC HEARING, AND AN EFFECTIVE DATE.

4.6 Carl Lockett, Planning Administrator, briefed the Council on an appealed item - Z-02697 - An Ordinance considered on second and final reading to rezone from RS-6 to LI district at 1415 Maple St. Staff recommends approval, the Planning and Zoning Commission recommends denial.

Mayor McCaleb opened a public hearing on the item, and the following individuals spoke in response to the request:

FOR

. Lou Paulsen, proponent.

AGAINST:

. Garnie Hatch, AISD, stated Thomas Elementary backs up to the property, and feels this is an inappropriate use.

. Mr. Walker, principal of Sam Thomas Elementary, stated he feels that without a fence it is hazardous to the children.

. Ron Stilwell, parent.

. Tina Rogers, is not against rezoning, but the proposed use - she suggested a Planned Development District.

There being no one else present and desiring to be heard, the public hearing was closed.

Councilman Vasquez left the meeting.

Following discussion among Council, staff, and the proponent, Councilman Drennan moved to table the Ordinance to rezone from Residential Single Family to Light Industrial district at 1415 Maple Street. The motion was seconded by Councilwoman Martinez, and the motion carried.

AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

Nays: None.

Councilman Vasquez returned to the meeting.

4.7 Carl Lockett, Planning Administrator, briefed the Council on an Ordinance considered on second and final reading amending Chapter 23, "Planning and Community development", Sections 23-306.4, 23-306.5.B, 23-306.5.J., and 23-363 of the City of Abilene Zoning Ordinance regarding provisions for Antenna Towers, Antennas on Alternative Structures, Receive Only/Amateur Radio Antenna, Radio and Television Transmission Towers, and Radio or TV Studio/with Transmission Towers. The Planning and Zoning Commission and staff recommend approval.

Mayor McCaleb opened a public hearing on the item, and there being no one present and desiring to be heard, the public hearing was closed.

Councilman Vasquez moved to approve the Ordinance amending Chapter 23, "Planning and Community development", Sections 23-306.4, 23-306.5.B, 23-306.5.J., and 23-363 of the City of Abilene Zoning Ordinance regarding provisions for Antenna Towers, Antennas on Alternative Structures, Receive Only/Amateur Radio Antenna, Radio and Television Transmission Towers, and Radio or TV Studio/with Transmission Towers, as recommended by staff. The motion was seconded by Councilman Beckham and the motion carried.

AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.

Nays: None.

The Ordinance is numbered 22-1997 and is captioned as follows:

AN ORDINANCE AMENDING CHAPTER 23, "PLANNING AND COMMUNITY DEVELOPMENT," SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY AND CALLING A PUBLIC HEARING.

Other Business:

Mayor McCaleb recessed the Council into executive session pursuant to Sections 551.071 and 551.074 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigation, and to consider the appointment and evaluation of public officers.

The Council reconvened from executive session and reported no action taken.

There being no further business, the meeting adjourned at 1:20 p.m.


Debbie Hurley

Acting City Secretary


Gary D. McCaleb

Mayor

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