PRE-COUNCIL WORK SESSION, THURSDAY
August 28, 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 August 28, 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 A. Don Drennan, Councilwoman Carol Martinez, Councilmen Rob Beckham and Ray Ferguson, and Councilwoman Kay Alexander. Also present were City Manager Roy McDaniel, City Attorney Sharon Hicks, City Secretary Jo Moore, Assistant City Manager Mike Morrison, and various members of the City staff.
City Manager Roy McDaniel distributed a petition from homeowners on Sayles Blvd. regarding Item 4.1, Ordinance amending Chapter 18, "Motor Vehicles and Traffic," Section 18-293, of the Abilene Municipal Code. The petition opposed the recommended traffic control change on Sayles Blvd. at Cooper High School. The Council briefly discussed other various consent and regular agenda items, and there being no further discussion, the meeting was recessed until 9:00 a.m. for the regular Council Meeting.
REGULAR CITY COUNCIL MEETING
August 28, 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 August 28, 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 Cordale Miller, fifth grade student at Thomas Elementary, who was accompanied by his principal, Mr. Walker.
There being no corrections, additions, or deletions, to the minutes of the Pre-Council session and Regular Council meeting of August 14, 1997, Councilwoman Martinez moved to approve the minutes as printed. 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.
Councilman Drennan moved to approve consent agenda items 3.1 and 3.2, as recommended by the staff. The motion was seconded by Councilman Vasquez and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
Resolutions
3.1 Oral Resolution approving the 9-1-1 Emergency Communications District revised FY 1996/97 and proposed FY 1997-98 budgets.
3.2 Oral Resolution authorizing the City Manager to execute an engineering services agreement with Carter & Burgess, Inc. of Fort Worth and Jacob & Martin, Inc. of Abilene for engineering fees in an amount not to exceed $140,250 for clearwell design and $61,000 for the raw water pump station improvements, as recommended by staff.
REGULAR AGENDA
Ordinances:
4.1 James Condry, Assistant Director of Public Works, briefed the Council on an Ordinance amending Chapter 18, "Motor Vehicles and Traffic," Section 18-293, of the Abilene Municipal Code. Staff recommends approval.
Mayor McCaleb offered an option to the Council: there are five proposed changes on this item and the first four don't seem to be in question. The City Attorney has stated the Council may vote on the first four changes and consider the fifth change separately.
Councilman Vasquez moved to approve the first four changes of the Ordinance on second and final reading amending Chapter 18, "Motor Vehicles and Traffic," Section 18-293, of the Abilene Municipal Code, and to consider the fifth proposed change on Sayles Blvd. at Cooper High School separately. The motion was seconded by Councilwoman Martinez and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
Mayor McCaleb announced this item does not require a public hearing, but anyone present who would like to offer new or additional information may do so. The following individuals spoke:
. George Mister, 3658 Sayles, stated the traffic problem is only 30 minutes in the morning and 30 minutes in the afternoon, then it is clear; why penalize the residents by prohibiting parking in front of their houses?
. Mr. Kissinger, 3666 Sayles, reiterated what Mr. Mister stated, and said parking should be restricted to a specific time.
. Terry Garza, 3608 Sayles, stated an extra lane will cause more traffic problems.
. David Bradford, 3609 Highland, stated traffic becomes congested and the alleys are narrow which would leave no place to park homeowners vehicles. Due to the speed of traffic, Mr. Bradford stated it is inevitable that accidents will occur.
. Ray Smith, 3624 Sayles, stated parking is needed.
Mayor McCaleb and the council suggested staff continue to look at this in order to avoid a larger problem; and suggested staff look at time limited no parking.
Councilman Vasquez moved to not approve the fifth proposed change, on Sayles Blvd. at Cooper High School of the Ordinance on second and final reading amending Chapter 18, "Motor Vehicles and Traffic," Section 18-293, of the Abilene Municipal Code. The motion was seconded by Councilwoman Martinez 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 35-1997 and is captioned as follows:
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.
4.2 Carl Lockett, Planning Administrator, briefed the Council on an Ordinance considered on second and final reading - Z-02797 - Rezone from RM-2 (Residential Multi-Family) to O (Office) district, located at N. 21st & Hardy Streets. 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:
. Jody McGaughey, Vice President of Skinny's.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Beckham moved to approve the Ordinance on second and final reading to rezone from RM-2 (Residential Multi-Family) to O (Office) district, located at N. 21st & Hardy Streets, as recommended by staff. The motion was seconded by Councilman Vasquez 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 36-1997 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.
4.3 Carl Lockett, Planning Administrator, briefed the Council on an Ordinance considered on second and final reading - Z-03697 - Add H (Historic Overlay) to underlying LI (Light Industrial) district, located at 802 N. 3rd St. The Planning and Zoning & Landmarks Commissions and staff recommend approval.
Mayor McCaleb opened a public hearing on the item, and the following individual spoke in favor of the request:
. Stan Chapman, proponent.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Drennan moved to approve the Ordinance on second and final reading to add H (Historic Overlay) to underlying LI (Light Industrial) district, located at 802 N. 3rd St., as recommended by 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 37-1997 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 the Ordinance considered on second and final reading - Z-03897 - Rezone from RS-6 (Residential Single Family) to RM-2 (Residential Multi-Family), O (Office), and LC (Limited Commercial) located on the Northeast corner of Ambler Avenue and N. Danville Dr. Mr. Lockett stated this item came before the Council on June 26 and was denied but has been amended for Council consideration. The Planning and Zoning Commission and staff recommend approval.
Mayor McCaleb opened a public hearing on the item, and the following individual spoke in response to the request:
IN FAVOR:
. Scott Senter, agent for the proponent, distributed an aerial view of the area, stating the proponents have addressed the concerns, specifically traffic concerns, then briefed the Council on the history of the property.
OPPOSED:
. George Gilbert, 3941 Janice Lane, concerned with noise and additional lighting; afraid property values will drop and is opposed to rezoning to commercial.
. Bob Utley, 2125 Delwood, presented names representing 41 houses and contacted 35 people with 34 of them against commercial zoning. He is concerned with the bid proposal by Mr. Senter.
. Russell McClure, 2127 Richland, prefers storage area instead of convenience store. He stated a convenience store on the west end of the property is the purpose of rezoning and he is opposed due to children in the area and traffic; and stated a duplex is next to his property and doesn't know how that happened.
. Richard Coon, 3882 Ambler, stated he purchased his home because the property was zoned residential, and would not have purchased it if he had known limited commercial zoning would occur. The property value will go down.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Drennan asked Mr. Lockett to address the grandfather clause, which would allow property to be fenced for storing equipment and vehicles and questioned if the neighbors were aware of this.
Mr. Lockett stated that in the grandfather clause the City has fewer controls.
City Attorney Sharon Hicks stated the state acquired the property before the zoning was in place, the current use (storage) can continue and only under certain circumstances would this change. The City's site plan does have control of certain aspects.
Mr. Utley questioned the storage area concept, stating the property has never been used for storing except as overnight storage, perhaps parking a vehicle tractor over night. It has been an open field.
Following a lengthy discussion among Council and staff, Councilman Vasquez moved to not approve the Ordinance on second and final reading to rezone from Residential Single Family to Residential Multi-Family, Office, and Limited Commercial located on the Northeast corner of Ambler Avenue and N. Danville Dr. The motion was seconded by Councilwoman Martinez and the motion failed.
AYES: Councilman Vasquez and Councilwoman Martinez.
NAYS: Councilmen Drennan, Beckham, and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
City Attorney Sharon Hicks stated the area in question could be zoned from O (Office) to RM-2 (Residential Multi-Family) at this meeting, but could not be changed from RM-2 (Residential Multi-Family) to O (Office) because that is a less restrictive zoning and would have to go back to Planning & Zoning.
Council took a five-minute break at 11:00 a.m., then resumed discussion of this item.
Councilwoman Alexander moved to approve the Ordinance on second and final reading to rezone from RS-6 (Residential Single Family) to RM-2 (Residential Multi-Family), O (Office), and LC (Limited Commercial) district located on the Northeast corner of Ambler Avenue and N. Danville Dr. The motion was seconded by Councilman Beckham, and the motion carried.
AYES: Councilmen Drennan, Beckham, and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: Councilman Vasquez and Councilwoman Martinez.
The Ordinance is numbered 38-1997 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 David Wright, Director of Finance, briefed the Council on an Ordinance approving Revised 1996-97 Budget and Proposed 1997-98 Budget, a Resolution revising Building Inspection's Schedule of Fees and Charges; and Item 4.6, Ordinance setting FY 1997-98 Tax Levy. Mr. Wright stated one public hearing could be held on the budget ordinances and the resolution and Tax Levy Ordinance, but two votes would be required.
Mayor McCaleb opened a public hearing on the items, and the following individual spoke in response to the item:
. Bruce Reed, representing North Abilene citizens, proposed a Vera Hall Minter northside branch library be a priority. He presented to the Council 450 letters in support of the branch. Mr. Reed noted the proximity of the building, proposed for the branch library, to the area elementary and middle schools.
Councilman Drennan asked for full disclosure if the building being recommended for the branch library is owned by Mr. Reed. Mr. Reed stated he does own the building.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Drennan moved to approve the Ordinance considered on second and final reading approving the revised 1996-97 Budget and Proposed 1997-98 Budget, and a Resolution revising Building Inspection's Schedule of Fees and Charges, as recommended by staff. The motion was seconded by Councilman Vasquez 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 39-1997 and is captioned as follows:
AN ORDINANCE APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1996-97; APPROVING AND ADOPTING BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1997, THROUGH SEPTEMBER 30, 1998 FOR THE CITY OF ABILENE; APPROPRIATING FUNDS; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; CALLING A PUBLIC HEARING.
The Resolution is numbered 29-1997 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPROVING A FEE SCHEDULE FOR CERTAIN BUILDING CONSTRUCTION FEES, AND ESTABLISHING AN EFFECTIVE DATE.
Mayor McCaleb stated with the election having been called to consider the building of a new central information center, the natural sequence of events would be to address the issue of the Central library and then focus on the new branch libraries. The Mayor used the analogy of branch libraries being an extension of a central library much the same as tree branches are an extension of the tree.
4.6 Councilman Vasquez moved to approve the Ordinance considered on second and final reading setting the FY 1997-98 tax rate at 53.90 cents. The motion was seconded by Councilman Ferguson 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 40-1997 and is captioned as follows:
AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, APPROVING THE ASSESSMENT ROLL FOR 1997, LEVYING AN AD VALOREM TAX FOR THE CITY OF ABILENE, TEXAS, FOR THE YEAR 1997; PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
Other Business:
Mayor McCaleb recessed the Council into executive session pursuant to Sections 551.071 and 551.074 of the Open Meetings Act, and 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 was adjourned at 12:00 noon.
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Jo Moore
City Secretary
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Gary D. McCaleb
Mayor