SPECIAL CITY COUNCIL MEETING
November 25, 1997, 9:00 A.M.
CITY COUNCIL OF THE CITY OF ABILENE, TEXAS
CITY COUNCIL CHAMBERS 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 L. McDaniel, Assistant City Manager Mike Morrison, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff.
Mayor McCaleb convened the City Council of the City of Abilene, Texas, into Regular Session November 25, 1997, at 9:00 a.m. in the Council Chambers of City Hall.
Councilman Rob Beckham gave the invocation.
Mayor McCaleb led the Pledge of Allegiance.
CONSENT AGENDA
Councilman Vasquez moved to approve items 3.1 through 3.5 as recommended by the staff. Councilwoman Martinez seconded the motion 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 a contract with Roy Willingham, MD, for Professional Services to perform the duties of Medical authority for a two-year term, with provision for an additional two years, upon consent of both parties.
3.2 Oral Resolution accepting park land donation of 41.1 acres on N. 10th St., approximately 1/4 mile west of Hwy. 277 from Mr. & Mrs. Wayne Evans, for the purpose of developing a baseball complex along with other park facilities.
3.3 Resolution approving a grant application to the Texas Parks & Wildlife Department for Community Outdoor Outreach Program funds.
The Resolution is numbered 38-1997 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, HEREAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR AND ACTING FOR AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN A GRANT PROGRAM AND CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM.
Bid Awards
3.4 Refuse trucks, Bid #CB-8005. Item 1 was awarded to Lone Star Truck Center for their bid with a Heil Formula 7000 body, and Item 2 was awarded to Dallas Peterbilt, Inc. for their bid with a Bridgeport body representing the low responsible bidders in amounts to $390,951.00, as recommended by staff.
3.5 Elephant Barn Renovation, Bid #CB-8013. The bid was awarded to Jeff Luther Construction Company, the low bidder, in the amount of $268,500 as recommended by staff.
REGULAR AGENDA
Public Appearance
4.1 Mayor McCaleb recognized Mr. Kenneth Musgrave, who gave a presentation concerning his proposal on the Library issue. Mr. Musgrave began by stating he feels the library issue is important, but has divided the community and he has suggestions on how to reunite the community. Mr. Musgrave addressed an article in the previous day's Abilene Reporter-Newspaper. Mr. Musgrave stated a brief history is needed because he believes some of the things that the newspaper continues to report are absolutely false. Mr. Musgrave stated in November, 1996 Harold Nixon and Ed Patton of the Library Task Force sought out Mr. Musgrave's assistance. Mr. Musgrave also stated he wanted the record to show that they came to him, he did not go to them.
Mr. Musgrave then presented his account of the events involving the potential library properties. Mr. Musgrave stated the reasons he believes One Energy Square property was eliminated as a potential library facility, the reasons the Library Bond election failed, and his opinion of the Library Task Force members and their activities.
Mr. Musgrave stated his proposal which he feels 80% of the entire community will support, and does not involve any of his property is to highly advertise a public auction of the "librarygate" property and sell it to the highest bidder. Mr. Musgrave then stated his opinion of problems that will occur if the city continues to maintain ownership of this property and what the money from the sale of the property could be used for. Mr. Musgrave asked the Council to take his proposal under consideration. Mr. Musgrave gave a copy of the speech he says he presented today to Anthony Wilson of the Abilene Reporter-News and the City Secretary for filing. He then presented a Distinction Award to Anthony Wilson, reporter for the Abilene Reporter-News in recognition of his special ability to convert accurate news accounts into fictional stories.
Mayor McCaleb stated no Council action was expected today and all suggestions or recommendations would be taken under consideration.
Resolutions
4.2 James Condry, Assistant Director of Public Works, briefed the Council on an Oral Resolution approving Downtown Trolley routes and associated changes to the CityLink fixed route system. Mr. Condry then introduced John Autry, General Manager of CityLink, who further explained the trolley routes and associated changes.
Councilwoman Martinez moved to approve by Oral Resolution Downtown Trolley routes and associated changes to the CityLink fixed route system, as recommended by staff. Councilman Vasquez seconded the motion and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
Ordinances
4.3 Carl Lockett, Planning Administrator, briefed the Council on an Ordinance considered on second and final reading - TC-04397 - thoroughfare abandonment of a portion of Highland Avenue from the south r-o-w of S. 3rd St. to the north r-o-w of S. 5th St. Staff recommends approval based on the following conditions: 1) a utility easement be retained over the entire right-of-way, 2) a drainage easement be retained over the entire right-of-way, and 3) the property must be replatted. The Planning & Zoning Commission recommends approval.
Mayor McCaleb opened a public hearing on the item, and the following individuals spoke in response to the request:
AGAINST:
Bill Miller, 6th & Highland, stated there are 128 names on the petition of people living in the area (men, women & children). Emergency vehicles would be limited. Rain would cause drainage problems. On 3rd and 5th Streets, the church has property - what's to the keep the church from requesting this being closed. The property would be taken off the tax roll. A handicapped lady uses the area, and the street has been here since 1920. He feels another area could be used.
Bob Putnam, Fire Chief, responded to Mr. Miller's concern about emergency vehicles being limited. He stated the largest street would be accessed for fire protection, and the closing of this street would make no impact on fire protection.
Councilman Beckham questioned the drainage issue. He stated he couldn't imagine the closure affecting drainage, as the area is on a hill.
Andy Anderson, Director of Community Development, stated if in the future construction happens, draining would be rerouted after a study of the area.
Russ Lair, 543 Highland, stated the street serves the neighborhood and other citizens and has for a long time, and the large number in opposition should be considered.
. Glenda Murphy, Agency Realtors, stated values would not go down. The street is of poor quality and Highland is trapped, they must build up the area to improve it.
. Barbara Brooks, 542 Highland, stated stop signs are better than yield. The crosswalk is useful; other property the church owns could be used.
. Don Helms, 535 Highland, stated that until this meeting no news of the Boys & Girls Club was mentioned. The church should get one vote, and the other 11 property owners one vote which would be the majority.
. Bonnie Miller, 2205 S. 6th, uses the street several times a day. She stated they beautified their home without owning a street, and church traffic goes by their house. This is a good way to teach children how to cross streets. She feels the church should keep peace with the neighbors.
. Bob Batjer, 602 Sayles, is sorry to see conflict exist. He stated municipalities don't really own public streets, they hold streets for the interest of the public. The City Council does not have absolute control, and cannot close a street unless it is in the best interest of the public. This is in the interest of a private entity - the church.
FOR:
. Gary Pullin, Tittle Luther Partnership and architect for Highland Church of Christ, stated most of the property is owned by the church. Highland is an offset street, not a main street. The Planning & Zoning Commission approved the closure, the 600 additional feet of travel for the neighborhood could provide better access for the handicapped. This would allow the church to consolidate the campus.
. Bruce Bixby, property owner on Sayles Blvd., builder since 1976, stated it would be proper to close the street.
. Bob Cheatham, Highland Church of Christ member, stated two years ago a survey was circulated, which indicated the church wants to be a neighborhood church. The parking lot is mitigated with trees, and the church wants to improve the appearance. A Boys & Girls Club will be located at the church, this dream will become a reality after the first of the year.
. Steve Hair, ministerial staff at Highland Church of Christ, stated not all neighbors are opposed to the request, and several who were originally on the petition have changed minds and now support the request. He further stated that between 17,000 and 19,000 people use the buildings per month.
. Norman Archibald, Highland Church of Christ facilities committee member, would not have made the request if the property had not been already owned by the church, is looking to future expansion, address safety issues, want to be good neighbors.
. Roy Lewis, Highland Church of Christ member, stated Wednesday night and Sunday morning is when children run across the street, not during organized children's activities, and questions the number of people on the petition.
There being no one else present and desiring to be heard, the public hearing was closed.
It was noted that Highland Church of Christ was required to pay $2200 to request the closure and that the fee is based on property value.
Councilman Beckham questioned the legal opinion about the Council's ability to take action to close the street.
City Attorney Sharon Sneed stated that although every Council action could end up in court, the church is made up of citizens that are a part of the public just as the neighborhood is. Ms. Sneed quoted from the transportation code how a home rule municipality may vacate, abandon, or close an alley and an injunction may not be granted to stay or prevent the governing body from abandoning or closing except on the suit of a person who owns property abutting that part of the street or alley which is abandoned or closed.
Councilman Vasquez stated when he first came to Abilene, Highland Church of Christ was recognized for their concern of the city, and the love in their hearts. Councilman Vasquez stated he still believes this is true of the church; then moved to approve the Ordinance on second and final reading TC-04397 - thoroughfare abandonment of a portion of Highland Avenue from the south r-o-w of S. 3rd St. to the north r-o-w of S. 5th St. based on the following conditions: 1) a utility easement be retained over the entire right-of-way, 2) a drainage easement be retained over the entire right-of-way, and 3) the property must be replatted, as recommended by staff. Councilman Ferguson seconded the motion and the motion carried.
AYES: Councilman Vasquez, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
ABSTAIN: Councilman Drennan, due to his membership at Highland.
The Ordinance is numbered 49-1997 and is captioned as follows:
AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OF PUBLIC RIGHT OF WAY; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH ABANDONMENT, AND CALLING A PUBLIC HEARING.
Other Business
5.1 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.
Councilman Drennan moved to approve Mayor McCaleb's appointments of Jack Harkins and Jeff Luther to the Planning & Zoning Commission, terms expiring 11/2000. Councilman Vasquez seconded the motion and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
There being no further business, the meeting was adjourned at 12:05 p.m.
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Jo Moore, City Secretary
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Gary D. McCaleb, Mayor