PRE-COUNCIL WORK SESSION, THURSDAY
March 26, 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 March 26, 1998, 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 L. McDaniel, Assistant City Manager Mike Morrison, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff.
Council briefly discussed various consent and regular agenda items. City Manager Roy McDaniel noted that on page 3 of Item 3.1, Oral Resolution adopting amended and restated bylaws of the Abilene Health Facilities Development Corporation, the last sentence under Section 3.08 should be deleted. Mr. McDaniel stated that due to time requirements in canvassing the votes following the election, the first Council meeting in May would be moved from May 14 to May 7, and moving the May 28 meeting to May 21 was also considered. Council will check their calendars and confirm that change at a later date. There being no further discussion, the meeting was recessed until 9:00 a.m. for the regular Council Meeting.
REGULAR CITY COUNCIL MEETING
March 26, 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 March 26, 1998, at 9:00 a.m. in the Council Chambers of City Hall.
Councilman Paul R. Vasquez gave the invocation.
Pledge of Allegiance was led by Judd Smith, a third grader at Jane Long Elementary; who was accompanied by his principal, Vickie Harper.
Mayor McCaleb presented a proclamation for March 30 as Doctors' Day.
There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held March 12, 1998, Councilwoman Alexander moved to approve the minutes as printed. 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.
Councilwoman Martinez moved to approve as recommended by the staff consent agenda items 3.1 through 3.6, with the deletion of the last sentence on page 3 of Item 3.1 as noted in the Pre-Council Session. Items 3.4 and 3.5 were removed from the Consent Agenda to be considered separately at the Council's request. Councilman Ferguson 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.
ABSTAIN: Councilman Vasquez on item 3.2 only, due to his employment with Hendrick.
CONSENT AGENDA
Resolutions:
3.1 Oral Resolution adopting amended and restated bylaws of the Abilene Health Facilities Development Corporation.
3.2 Resolution approving issuance of a Master Lease and Sublease Agreement not to exceed $8.2 million by the Abilene Health Facilities Development Corporation on behalf of Hendrick Medical Center.
The Resolution is numbered 9-1998 and is captioned as follows:
RESOLUTION APPROVING FINANCING FOR A PROJECT FOR HENDRICK MEDICAL CENTER.
3.3 Resolution approving issuance of a Master Lease and Sublease Agreement not to exceed $1,250,000 by the Abilene Higher Education Facilities Corporation on behalf of McMurry University.
The Resolution is numbered 10-1998 and is captioned as follows:
RESOLUTION APPROVING EXECUTION AND DELIVERY OF A MASTER LEASE AND SUB-LEASE AGREEMENT BY ABILENE HIGHER EDUCATION FACILITIES CORPORATION FOR THE BENEFIT OF McMURRY UNIVERSITY.
3.4 Resolution directing the publication of Notice of Intention to Issue Certificates of Obligation for the City of Abilene. Removed from Consent Agenda to be considered separately.
3.5 Oral Resolution approving a Street Use License request from Abilene Preservation League & Grace Museum for "Celebrate Abilene" April 3-5, 1998. Removed from Consent Agenda to be considered separately.
Bid Awards:
REGULAR AGENDA
Resolutions
Councilman Drennan moved to approve the Resolution directing the publication of Notice of Intention to Issue Certificates of Obligation for the City of Abilene 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.
The Resolution is numbered 11-1998 and is captioned as follows:
DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1998.
Mayor McCaleb recognized and stated appreciation to the Development Corporation of Abilene, John Breier, Mike Morrison, and all citizens and businesses in Abilene regarding the success of the ½ cent sales tax.
Mayor McCaleb noted this is a terrific event with two entities combining for a bigger and better event; and stated his appreciation to the downtown businesses and workers for their cooperation.
Councilman Drennan moved to approve by Oral Resolution a Street Use License request from Abilene Preservation League & Grace Museum for "Celebrate Abilene" April 3-5, 1998 as recommended by staff. Councilwoman Alexander 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
4.1 Jeff Armstrong, Senior Planner, briefed the Council on an appealed item considered on second and final reading - Z-01098 - Rezone from Shopping Center to General Commercial district property located at 501 Forrest Avenue. The Planning & Zoning Commission and staff recommend denial.
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 deny the request for Z-01098 - Rezone from Shopping Center to General Commercial district property located at 501 Forrest Avenue, as recommended by staff. Councilman Ferguson 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.
4.2 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-01298 - Rezone from Agricultural Open Space to Limited Commercial district property located at 11201 East Lake 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 rezone from Agricultural Open Space to Limited Commercial district property located at 11201 East Lake Road, as recommended by staff. Councilwoman Alexander 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.
The Ordinance is numbered 13-1998 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.
4.3 Jeff Armstrong, Senior Planner, briefed the Council on an appealed Ordinance considered on second and final reading - Z-01398 - Rezone from Mobile Home to Light Industrial district property located at 1025 S. 29th St. 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:
. Sam Chase, representing the proponent, stated for the record that the Planning & Zoning Commission did decline the request on a 6-0 vote, but Mr. Starks was not present at that meeting due to a death in his family. Mr. Chase apologized on behalf of Mr. Starks for not being present at the Planning and Zoning Commission meeting, but feels the Planning and Zoning Commission did not get a full picture of his request due to Mr. Starks' absence. Mr. Starks is not expanding his operation; all concerns of Mrs. Wilson (a property owner close to the location) have been addressed. Mr. Chase stated Mrs. Wilson has authorized him to speak for her.
. John Ding, 3049 Elm St., questioned the problems of flooding and access to the property for employees, why trees in the area were cleared, and stated it would have been a good windbreak. He is concerned about water backing up on the folks that live on Waverly.
Andy Anderson, Director of Community Development, stated that drainage issues had no significant impact on flows in the area. Mr. Anderson does not feel flooding will be significant, and would run away from Mr. Ding's property. Flooding on Waverly Street will not affect 32nd St.
Mr. Starks stated the trees were removed to allow for more room. Employees will continue to come in off Elm and the traffic pattern will improve slightly, it will not increase traffic.
Councilwoman Martinez moved to approve the Ordinance to rezone from Mobile Home to Light Industrial district property located at 1025 S. 29th St, as recommended by staff. Councilman Beckham 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.
The Ordinance is numbered 14-1998 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.
4.4 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-00296 - Zone deferment to reinstate Enterprise property in East Enterprise Zone located at 150 Locust. The Planning & Zoning Commission and staff recommend approval. Mr. Armstrong stated at the last Council meeting when questioned about the status of historical overlay on this property, he had answered it would likely occur in the future, when in reality it has already occurred. Mr. Armstrong apologized for the incorrect statement.
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 considered on second and final reading for zone deferment to reinstate Enterprise property in East Enterprise Zone located at 150 Locust, as recommended by staff. Councilman Beckham 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.
The Ordinance is numbered 15-1998 and is captioned as follows:
AN ORDINANCE DEFERRING CERTAIN DEVELOPMENT REQUIREMENTS OF "CHAPTER 23, PLANNING AND COMMUNITY DEVELOPMENT, SUBPART 'E', ZONING," ON PROPERTY COMMONLY KNOWN AS 150 LOCUST STREET (A PROPERTY LOCATED WHOLLY WITHIN ABILENE REINVESTMENT ZONE NUMBER ONE) AS AUTHORIZED IN SECTION 2303.501 OF THE TEXAS ENTERPRISE ZONE ACT.
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, and to consider the appointment and evaluation of public officers.
The Council reconvened and reported no action taken.
There being no further business, the meeting was adjourned at 10:50 a.m.
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Jo Moore, City Secretary
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Gary D. McCaleb, Mayor