PRE-COUNCIL WORK SESSION, THURSDAY
January 22, 1998, 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 January 22, 1998, at 8:30 A.M. in the Basement Conference Room of City Hall. Mayor Gary D. McCaleb was present and presiding with Councilman 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. Councilman Paul R. Vasquez was absent.
Marva Pritchett, Director of Public Works and James Condry, Assistant Director of Public Works, briefed the Council on the Airport Terminal Expansion & Renovation that will be on the Council Agenda in the near future. Cindy Cullen, Technology Liaison, briefed the Council on Item 3.1, Oral Resolution authorizing the City Manager to execute a contract with David M. Griffith & Associates, Ltd. for a strategic technology plan. The Council briefly discussed various other 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
January 22, 1998, 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 January 22, 1998, at 9:00 a.m. in the Council Chambers of City Hall.
Councilman Ray Ferguson gave the invocation.
Victor Ames, a fifth-grader at Crockett Elementary School, led the pledge of Allegiance. Victor's principal, Mr. Stovall and his mother, Mrs. Ames, were also present.
There being no corrections, additions, or deletions to the January 8, 1998 Pre-Council and Council Minutes, Councilman Drennan moved to approve the minutes as printed. Councilwoman Martinez seconded the motion and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
CONSENT AGENDA
Mayor McCaleb stated that agenda item 3.6, "Ordinance changing City's 1998 contribution rate to TMRS" is before the Council on first reading today and will be considered at the February 12, 1998 Council meeting for second and final reading.
Item 3.6, Ordinance changing City's 1998 contribution rate to TMRS, was removed from the consent agenda to be considered separately at the request of Mrs. Bobbie Hotchkiss. Councilman Ferguson moved to approve consent agenda items 3.1 through 3.4 and second and final reading of item 3.5, as recommended by the staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
Resolutions
3.1 Oral Resolution authorizing the City Manager to execute a contract with David M. Griffith & Associates, Ltd. in the amount of $60,000 for the development of a strategic technology plan.
Bid Awards
3.2 Self propelled variable width chip spreader, Bid #CB-8024. The bid was awarded to Conley Lott Nichols Machinery Company, the low responsible bidder in the amount of $134,257.00 as recommended by staff.
3.3 Overhead street name signs, Bid #CB-8025. The bid was awarded to Vulcan Signs, the low responsible bidder in the amount of $28,359.36 as recommended by staff.
3.4 Bus stop improvements, Phase II, Bid #CB-8026. The bid was awarded to Bontke Brothers Construction Company for the unit prices bid with an estimated construction cost of $43,777.58, as recommended by staff.
Ordinances
3.5 Approval of second and final reading - Ordinance amending Chapter 18, "Motor Vehicles and Traffic", Sections 18-285, 18-286, 18-293, and 18-297 of the Abilene Municipal Code.
The Ordinance is numbered 1-1998 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.
3.6 Removed from Consent Agenda to be considered separately. Approval of first reading - Ordinance changing City's 1998 contribution rate to TMRS.
REGULAR AGENDA
3.6 Approval of first reading - Ordinance changing City's 1998 contribution rate to TMRS. Mrs. Hotchkiss asked if this is the final reading of this Ordinance, and what the Texas Municipal Retirement System (TMRS) is. Mayor McCaleb again explained this is only the first reading, the second reading will be on the February 12th Council Agenda. City Manager Roy McDaniel explained what the Texas Municipal Retirement System (TMRS) is.
AN ORDINANCE ELECTING FOR THE CITY TO MAKE CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO THE CITY'S ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM AT SUCH RATE WITHIN LEGAL LIMITS, AS THE ACTUARY ANNUALLY DETERMINES IS REQUIRED TO FUND WITHIN A PERIOD OF TWENTY-FIVE YEARS FROM THE MOST RECENT VALUATION DATE, THE COSTS OF EMPLOYEE BENEFITS PAYABLE FROM, OR CHARGEABLE TO, THE CITY'S SAID ACCOUNT IN SAID FUND.
Councilman Ferguson moved to approve first reading of the Ordinance changing the City's 1998 contribution rate to TMRS, as recommended by the staff. Councilman Drennan seconded the motion and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
Resolutions
4.1 Andy Anderson, Director of Community Development, briefed the Council on an Oral Resolution approving staff committee's work plan alleviating flood conditions along Catclaw Creek.
Mayor McCaleb stated this item is not a public hearing, but with the interest indicated by those in attendance, he will open the floor for comments from the audience. The following individuals spoke in response to the item:
. Charles Wolf owns a house and property in the area and his children attend Crockett Elementary. Mr. Wolf stated he is concerned with the children - not with who owns the property. The project should not be limited just to City property. Mr. Wolf further stated the City does not always maintain the property; the channel has grown back because the city is not maintaining it. The map is not an actual portrayal of Crockett, there is no land there, although there appears to be on the map shown. Mr. Wolf requested a final decision in writing.
. Steve Lamb has been working with Project Pass for the past 18 months. He is also concerned with the children. When the creek floods, the children can't get out of the house. The project should go forward and the City should talk to the people actually affected.
City Manager Roy McDaniel stated the major and minor improvement plan, which addresses how the Certificates of Obligation are used was adopted by the Council several years ago.
Mr. Anderson explained the $350,000 cost associated with the four phases of the construction. AISD, Dr. Polnick, Crockett Elementary's PTA and Principal have all been involved in the project and are all in favor. Mr. Anderson further stated that although we will not eliminate the problem, we will be cutting down on the frequency of the problem. Mr. Anderson also stated today the Council would be approving the work plan - going forward with the final design and intermittent approval of funding as funding comes available.
. Fran Winkle, president of the Creative Arts Club, asked the City to put berms up, and stated she is glad the City is looking at this, and is in support of the project.
. Bobbie Hotchkiss questioned why this is on Certificates of Obligation and not in the regular budget. She is not in favor of using Certificates of Obligation and questioned why the funding for emergency is not being used.
Mayor McCaleb stated this is a recommended funding source, not an emergency.
Mr. Anderson stated one option available is to fund through Certificates of Obligation, but the action today does not do that until the CIP budget comes before the Council.
City Manager McDaniel stated there will be no funding decision today, but the project fits the Certificates of Obligation criteria. The funding could also be in the regular budget, but that may not be his recommendation.
Councilwoman Alexander thanked Mr. Lamb and the others that took an active part in being a part of the solution.
Councilman Drennan moved to approve by Oral Resolution staff committee's work plan alleviating flood conditions along Catclaw Creek, as recommended by staff. Councilman Beckham seconded the motion and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
Ordinances
4.2 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading amending the Zoning Ordinance, Sections 23-306.4, Permitted Uses, and 23-307.5.g, Services, to allow Truck Rental of up to 26' in length in General Commercial districts. The Planning and Zoning Commission and staff recommend approval.
Mayor McCaleb opened a public hearing on the item and the following individuals spoke in favor of the request:
. Bill Bradshaw, representing the proponent and the industry, urged the Council to adopt the Ordinance. Mr. Bradshaw stated the truck rental of up to 26' in length is correct.
. Jonathan Martindale, company representative, stated the company is in total support.
Councilwoman Martinez moved to approve the Ordinance amending the Zoning Ordinance, Sections 23-306.4, Permitted Uses, and 23-307.5.g, Services, to allow Truck Rental of up to 26' in length in General Commercial districts, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
The Ordinance is numbered 2-1998 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.
4.3 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-05797 - Rezone from Agricultural Open Space & Residential Single Family to Planned Development Residential district located at the southwest corner of Berry Lane & Oldham Lane. 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:
. David Todd, 2500 S. Willis, agent for the proponent.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Ferguson moved to approve the Ordinance to rezone from Agricultural Open Space & Residential Single Family to Planned Development Residential district located at the southwest corner of Berry Lane & Oldham Lane, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
The Ordinance is numbered 3-1998 and is captioned as follows:
AN ORDINANCEOF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, CONCERNIGN PDD-64 PLANNED DEVELOPMENT DISTRICT; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE.
4.4 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - TC-00198 - Thoroughfare abandonment of a 27.5' north-south alley located between S. 14th & S. 15th and Barrow & Woodard Streets. The Planning and Zoning Commission and staff recommend approval SUBJECT TO 1) unobstructed utility and drainage easements shall be retained on the entire area of the abandoned right-of-way, (2) if a structure is to be located over the alley, all utility lines must be relocated at proponent's expense; and (3) if a structure is to be located over the alley, storm water flow must be rerouted at the proponent's expense.
Mayor McCaleb opened a public hearing on the item, and the following individual spoke in response to the request:
. Eddie Chase, representing the new owners, stated they propose to build a Walgreen's.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilwoman Alexander moved to approve the Ordinance for thoroughfare abandonment of a 27.5' north-south alley located between S. 14th & S. 15th and Barrow & Woodard Streets. SUBJECT TO 1) unobstructed utility and drainage easements shall be retained on the entire area of the abandoned right-of-way, (2) if a structure is to be located over the alley, all utility lines must be relocated at proponent's expense; and (3) if a structure is to be located over the alley, storm water flow must be rerouted at the proponent's expense, as recommended by staff. Councilman Ferguson seconded the motion and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
The Ordinance is numbered 4-1998 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.
4.5 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-00298 - Amend PDD 28 concerning permitted uses and sign regulations located at the southwest corner of Catclaw and Southwest Drives. 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:
. Terry Franklin, agent, 2 Village Drive, stated there would be two new businesses with expansion of a third if the Council approves the request.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Drennan moved to approve the Ordinance to amend PDD 28 concerning permitted uses and sign regulations located at the southwest corner of Catclaw and Southwest Drives, as recommended by staff. Councilman Beckham seconded the motion and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
The Ordinance is numbered 5-1998 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. 18-1985, CONCERNING PDD-28 PLANNED DEVELOPMENT DISTRICT; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE.
4.6 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-00398 to amend PDD 52 concerning setback requirements on property located on Rio Mesa Drive west of Buffalo Gap Road. 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.
Councilwoman Martinez moved to approve the Ordinance to amend PDD 52 concerning setback requirements on property located on Rio Mesa Drive west of Buffalo Gap Road, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
The Ordinance is numbered 6-1998 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. 48-1992, CONCERNING PDD-52 PLANNED DEVELOPMENT DISTRICT; CALLING A PUBLIC HEARING; PROVIDING A PENALTY AND AN EFFECTIVE DATE.
4.7 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-00598 - Rezone from Agricultural Open Space to Mobile Home district, located in the 8500 block of West Lake Road. 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:
. Darin Jeffries, owner.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilwoman Alexander moved to approve the Ordinance to rezone from Agricultural Open Space to Mobile Home district, located in the 8500 block of West Lake Road, as recommended by staff. Councilman Ferguson seconded the motion and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
The Ordinance is numbered 7-1998 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.
4.8 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-00698 - to rezone from Residential Multi-Family, Office & General Commercial to Medical Use district located at the southwest corner of N. 18th and Pine 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:
. Duane Martin, Hendrick Medical Center, stated they plan to build a 12,000 square foot office building.
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 Residential Multi-Family, Office & General Commercial to Medical Use district located at the southwest corner of N. 18th and Pine Streets, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
The Ordinance is numbered 8-1998 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.
4.9 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-00798 - to rezone from Residential Single Family to Office district located at 717 S. Willis. The Planning and Zoning Commission recommends approval, staff recommends disapproval, based on the facts that the request conflicts with the Mockingbird and S. 7th Study of 1979, and the proposal would cause further commercial encroachment into an established residential neighborhood.
Mayor McCaleb opened a public hearing on the item, and the following individual spoke in favor of the request:
. Patti Simpson, representing Dr. Timothy Simpson, stated they will have landscaping and a privacy fence. Ms. Simpson addressed measures that had been taken to avoid conflict or that would bring harm to the residential neighborhood.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Drennan moved to approve the Ordinance to rezone from Residential Single Family to Office district located at 717 S. Willis, as recommended by the Planning & Zoning Commission. Councilwoman Martinez seconded the motion and the motion carried.
AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Ferguson, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
The Ordinance is numbered 9-1998 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.
5.0 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 11:50 a.m.
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Jo Moore, City Secretary
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Gary D. McCaleb, Mayor