PRE-COUNCIL WORK SESSION, THURSDAY

June 26, 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 June 26, 1997, at 8:30 A.M. in the Basement Conference Room of City Hall. Mayor Gary D. McCaleb was present and presiding with Councilmen Paul R. Vasquez and Don Drennan, Councilwoman Carol Martinez, Councilman Rob Beckham, and Councilwoman Kay Alexander. Also present were City Manager Roy L. McDaniel, Assistant City Manager Mike Morrison, City Attorney Sharon Hicks, City Secretary Jo Moore, Assistant to the City Manager Debra Guerra, and various members of the City staff. Councilman Ray Ferguson was absent.

City Manager Roy McDaniel presented Marva Pritchett, Director of Public Works, a lapel pin representing 15 years of service. Item 3.3, "Ordinance amending Chapter 18, 'Motor Vehicles and Traffic', Sections 18-286, 18-293, and 18-299 of the Abilene Municipal Code was discussed, as there were some objections to the parking time limits on N. 4th Street. Staff advised that the ordinance can be passed on first reading today with further review before the second and final reading. Cindy Cullen, Technology Liaison, gave an overview of the City's technology at present, stating the consultants have begun a needs assessment. Eleven focus groups are scheduled the week of July 7, and there will be a citizens open meeting at which the consultants will give a presentation and distribute a survey, which will also be in the Abilene Reporter-News and on the Web site next week, to determine how people are using telecommunications. Debra Guerra, Assistant to the City Manager, reviewed with the Council the Critical Issues/Strategic Plan. Mr. McDaniel stated at budget they will determine what resource dollars will be committed to these issues. The 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

June 26, 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 June 26, 1997, at 9:00 a.m. in the Council Chambers of City Hall.

Invocation was given by Councilwoman Kay Alexander.

Pledge of Allegiance was led by Jennifer Ramirez, fourth-grader at Abilene Christian Elementary School and daughter of Deputy Court Clerk Margie Ramirez.

Amber Cree, Chair of the Parks & Recreation Board, presented each member of the Council with an Honorary membership into "Safari", the Zoo auxiliary. Mrs. Cree then presented to the Mayor and Council for the Mayor's office a painting by Tonya the elephant.

Mayor McCaleb presented a Certificate of Appreciation to Jimmy Sturrock, temporary maintenance worker with the seal coating program, who has, for the past 33 years, worked for the City during the summer months.

There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held June 12, 1997 and the Special Called Meeting held June 16, 1997, Councilman Vasquez moved to approve the minutes as printed. The motion was seconded by Councilman Beckham and the motion carried.

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

NAYS: None.

Councilwoman Alexander moved to approve consent agenda items 3.4 through 3.10, and first reading of items 3.1 through 3.3 as recommended by the staff. The motion was seconded by Councilwoman Martinez and the motion carried.

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

NAYS: None.

Ordinances

3.1 Approval of first reading - Ordinance adopting revisions to 1994 Uniform Building Code, Chapter 31, regarding temporary buildings or structures, and set a public hearing for July 10, 1997 at 9:00 a.m.

AN ORDINANCE AMENDING CHAPTER 8, "CONSTRUCTION REGULATIONS" OF THE ABILENE MUNICIPAL CODE AS SET OUT BELOW; REPEALING CHAPTER 31, "SPECIAL CONSTRUCTION", SECTION 3103 "TEMPORARY BUILDINGS OR STRUCTURES" OF THE 1994 UNIFORM BUILDING CODE, AS AMENDED, IN ITS ENTIRETY; ADDING A NEW CHAPTER 31, SECTION 3103 AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.

3.2 Approval of first reading - Ordinance adopting amendments to Chapter 29.5, "Swimming Pools and Spas", Sections 29.5-21, 15.3 of the Abilene Municipal Code, and set a public hearing for July 10, 1997 at 9:00 a.m.

AN ORDINANCE AMENDING CHAPTER 29.5, "SWIMMING POOLS AND SPAS" OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; CALLING A PUBLIC HEARING, PROVIDING A SEVERABILITY CLAUSE, AND DECLARING A PENALTY.

3.3 Approval of first reading - Ordinance amending Chapter 18, "Motor Vehicles and Traffic", Sections 18-286, 18-293, and 18-299 of the Abilene Municipal Code.

AN ORDINANCE AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC", OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY.

Resolutions:

3.4 Oral Resolution approving the 1997 update of the Abilene/Taylor County overall Economic Development Program.

3.5 Oral Resolution authorizing renewal of recreational leases with the Abilene Gun Club at Lakes Fort Phantom Hill (North Range) and Kirby (Sporting Clays) for an additional five year term.

Award of Bid

3.6 Outfront mowers, Bid #CB-7045. The bid was awarded to Abilene Ag Ford New Holland, the low responsible bidder in the amount of $39,658.26 as recommended by staff.

3.7 Brush chipper for Refuse Collection, Bid #CB-7053. The bid was awarded to Big John South Central, the low responsible bidder in the amount of $20,556.00 as recommended by staff.

3.8 Glass pulverizer for Refuse Collection, Bid #CB-7054. The bid was awarded to Andela Tool & Machine, Inc., the low responsible bidder in the amount of $67,770.00 as recommended by staff.

3.9 Replacement of northwest boat dock at Lake Ft. Phantom, Bid #CB-7058. The bid was awarded to Shore Master Dock Co. in the amount of $19,895 as recommended by staff.

3.10 Replacement of sound system for Civic Center Red Carpet lobby, foyer and exhibit hall, Bid #CB-7056. The bid was awarded to Bunkley's Sound Systems in the amount of $39,326 as recommended by staff.

Regular Agenda

Public Appearance

4.1 Mike Hall, Director of Community Services, introduced Ed Patton, co-chair of the Library Review Panel, who introduced the panel members. Laura Moore, co-chair, presented the a summary of the Panel's report; and requested Council acceptance.

Mayor McCaleb clarified today is only acceptance of the report. The Mayor and Council expressed appreciation and admiration to the panel for its tenacity, openness, town hall meetings, and for the report being presented today. Mayor McCaleb then stated the report is accepted.

Resolutions

4.2 Mike Hall, Director of Community Services, briefed the Council on an Oral Resolution approving a five-year lease agreement for a library storefront operation located at 1401 S. Danville. The Library Review Panel and staff recommend approval.

Following a lengthy discussion among Council and staff concerning the high traffic in the area and accessibility of property, Councilman Drennan moved to table the Resolution approving a lease agreement for a library storefront operation, pending looking at other locations. The motion was seconded by Councilwoman Martinez and the motion carried.

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

Nays: Councilman Beckham and Councilwoman Alexander.

Ordinances

4.3 Councilman Vasquez made a motion to remove from the table an appealed Ordinance considered on second and final reading - Z-02697 - Rezone from RS-6 to LI district at 1415 Maple. The motion was seconded by Councilman Beckham and the motion carried.

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

Nays: None.

Carl Lockett, Planning Administrator, briefed the Council on the request. The Planning and Zoning Commission recommends denial; staff recommends approval.

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

FOR:

. Lou Paulsen, proponent, stated it will not be a wrecking yard, but a wrecker service. His request is to conform with his other property.

AGAINST:

. Don Allen, AISD employee, stated that for the record that AISD is opposed to the zone change and is not interested in putting up a fence. He requested if the Council approve the zone change that the property owner put up a fence. AISD is concerned with the type of business that will go in there (cars, etc.)

. Van Boozer, owns property immediately south of the school, stated this would be a wrecking yard on a highly traveled street and he is opposed to this.

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

Following discussion among Council and staff, Councilwoman Martinez moved to approve the request to rezone from RS-6 to LI district at 1415 Maple, as recommended by staff. The motion was seconded by Councilman Vasquez and the motion carried.

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

Nays: None.

The Ordinance is numbered 24-1997 and is captioned as follows:

AN ORDINANCE AMENDING CHAPTER 23, PLANNING AND COMMUNITY DEVELOPMENT," SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW, DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.

4.4 Carl Lockett, Planning Administrator, briefed the Council on an Ordinance considered on second and final reading changing zoning district boundaries - Z-02897 - Rezone from RM-2 to O district at 1801 & 1809 S. 14th. The Planning and Zoning Commission recommends approval; staff recommends disapproval based on potential incompatibility with residential and school use, and Thoroughfare Plan considers office use inappropriate at intersections of arterial and local streets.

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

FOR:

. Eddie Jacques, agent for the proponent, a dental technician who plans to put in a dental lab.

. Bill Chaney, stated his wife owns the land, and two houses on the lot were vandalized and they had to get rid of the houses. Mr. Chaney feels the change in the zoning would be an improvement.

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

Councilwoman Martinez moved to approve the Ordinance to rezone from RM-2 to O district at 1801 & 1809 S. 14th. The motion was seconded by Councilman Beckham and the motion carried.

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

Nays: None.

The Ordinance is numbered 25-1997 and is captioned as follows:

AN ORDINANCE AMENDING CHAPTER 23, PLANNING AND COMMUNITY DEVELOPMENT," SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW, 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 changing zoning district boundaries - Z-02997 - Rezone from RS-6 to LC district at Ambler & N. Danville. The Planning and 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:

FOR:

. Scott Senter, 3401 Curry Ln., agent for the proponent, handed out specifications for Limited Commercial zoning, made for a neighborhood shopping center. Ambler is a different street than it was originally (proponents would agree to east portion being zoned as office).

AGAINST:

. Edith Howell, lot 26, stated this is a residential area and should remain residential.

. Kelly Mitchell, 2950 Janice, stated this is a residential area and should remain residential.

. Bob Utley, 2125 Delwood, stated this is a residential area and should remain residential.

. Russell McClure, 2126 Richland, stated this is a residential area and should remain residential.

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

Councilman Vasquez stated he wanted to go on record as not being opposed to development on the north side, but he is concerned about rezoning residential property for commercial purposes. Councilman Vasquez then moved to deny the request to rezone from RS-6 to LC district at Ambler & N. Danville. The motion was seconded by Councilman Drennan.

AYES: Councilmen Vasquez and Drennan, and Councilwoman Martinez.

Nays: Councilman Beckham, Councilwoman Alexander, and Mayor McCaleb.

With a three to three vote, the motion failed, and zoning will remain RS-6.

4.6 Carl Lockett, Planning Administrator, briefed the Council on an Ordinance considered on second and final reading changing zoning district boundaries - Z-03097 - Rezone from RS-6 to MH district in the 900 block of Midway. The Planning and 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:

. Kay Hawkins, proponent.

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

Councilman Vasquez moved to approve the Ordinance to rezone from RS-6 to MH district in the 900 block of Midway, as recommended by staff. The motion was seconded by Councilwoman Alexander and the motion carried.

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

Nays: None.

The Ordinance is numbered 26-1997 and is captioned as follows:

AN ORDINANCE AMENDING CHAPTER 23, PLANNING AND COMMUNITY DEVELOPMENT," SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES, AS DESCRIBED BELOW, DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.

The Council took a short break at 11:30 a.m.

4.7 Carl Lockett, Planning Administrator, briefed the Council on an Ordinance considered on second and final reading changing zoning district boundaries - Z-03197 - Amend PDD 45 to allow office and storage buildings located on Frenchman's Creek Road. The Planning and Zoning Commission and staff recommend approval with the following conditions: 1) the self-storage units must be landscaped and screened from Frenchman's Creek Road; and, 2) development of the site must adhere strictly to the approved site plan.

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 Drennan moved to approve the Ordinance to amend PDD 45 to allow office and storage buildings located on Frenchman's Creek Road with the following conditions: 1) the self-storage units must be landscaped and screened from Frenchman's Creek Road; and, 2) development of the site must adhere strictly to the approved site plan, as recommended by staff. The motion was seconded by Councilman Vasquez and the motion carried.

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

Nays: None.

The Ordinance is numbered 27-1997 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. 68-1986 CONCERNING THE PDD #45 PLANNED DEVELOPMENT DISTRICT; DECLARING A PENALTY AND CALLING A PUBLIC HEARING; AND AN EFFECTIVE DATE.

4.8 Carl Lockett, Assistant Director of Development Services for Planning, briefed the Council on an Ordinance considered on second and final reading changing zoning district boundaries - Z-03297 - Rezone from AO to PDD district at 425 & 441 S. 25th Street. The Planning and Zoning Commission recommends approval, staff recommends denial.

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

. A. L. Fredeck, 425 S. 25th, proponent.

. Mary Jean Fanning, 401 S. 25th, stated Mr. Fredeck is a good neighbor and his business causes no problem to the neighborhood.

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

Councilwoman Martinez moved to approve the Ordinance to rezone from AO to PDD district at 425 & 441 S. 25th Street as recommended by the Planning & Zoning Commission subject to conditions outlined in the Ordinance including the following: 1) all machine shop activity must take place within one fully enclosed structure that is 1200 square feet in area or less; 2) no more than one employee is permitted; 3) no storage or other activity associated with a machine shop may be located outside of the fully enclosed structure; 4) business activities may only occur between the hours of 7:00 a.m. and 9:00 p.m.; one wall sign not to exceed nine (9) square feet in area - illumination and motion are prohibited. The provision for screening requirements was deleted. The motion was seconded by Councilman Vasquez and the motion carried.

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

Nays: None.

The Ordinance is numbered 28-1997 and is captioned as follows:

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, BY CHANGING THE ZONING DISTRICT BOUNDARIES AND CREATING PDD #63 (FREDECK) PLANNED DEVELOPMENT DISTRICT; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE.

4.9 Sharon Hicks, City Attorney, briefed the Council on an Ordinance considered on second and final reading approving a one year select-time of use pilot proposal filed by West Texas Utilities for furnishing of service within the City of Abilene by WTU. Staff recommends approval.

Councilman Vasquez moved to approve the Ordinance approving a one year select-time of use pilot proposal filed by West Texas Utilities for furnishing of service within the City of Abilene by WTU. The motion was seconded by Councilwoman Martinez and the motion carried.

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

Nays: None.

The Ordinance is numbered 29-1997 and is captioned as follows:

AN ORDINANCE APPROVING AND ACCEPTING THE ONE YEAR, SELECT-TIME OF USE PILOT PROPOSAL FILED BY WEST TEXAS UTILITIES COMPANY FOR THE FURNISHING OF SERVICE WITHIN THE CITY OF ABILENE, TEXAS, BY WEST TEXAS UTILITIES COMPANY, PROVIDING SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

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.

Councilman Drennan moved to approve Mayor McCaleb's reappointments to the MH/MR Board of Trustees as follows: Robert C. Monk, Walter Bryan, David Scott, and Joel Loya effective September 1, 1997; and with terms expiring August, 1999. The motion was seconded by Councilman Vasquez and the motion carried.

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

Nays: None.

There being no further business, the meeting was adjourned at 12:10 p.m.

_______________________	_______________________
Jo Moore City Secretary	Gary D. McCaleb Mayor

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