PRE-COUNCIL WORK SESSION, THURSDAY
April 9, 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 April 9, 1998, at 8:30 a.m. in the Basement Conference Room of City Hall. Mayor Pro Tempore Ray Ferguson was present and presiding with Councilmen Paul R. Vasquez and A. Don Drennan, Councilwomen Carol Martinez and Kay Alexander. Also present were City Manager Roy L. McDaniel, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff. Mayor Gary D. McCaleb was absent. Councilman Rob Beckham was absent from the Pre-Council session only.
The Council briefly discussed various consent and regular agenda items. City Manager Roy McDaniel stated item 3.10, Z-01898 - Rezone from Residential Multi Family to Heavy Commercial district property located at 2733 S. 2nd St., was denied by the Planning and Zoning Commission and has not yet been appealed by the proponent. Therefore, it will be pulled from today's agenda pending appeal. Item 3.11, Ordinance amending Zoning Ordinance Sections 23-306.4, 23-306.5.B, and 23-306.5.J. concerning Antennas and Antenna Towers, was tabled by the Planning and Zoning Commission and will also be pulled from the Council agenda. Andy Anderson, Director of Community Development, distributed handouts reflecting a correction to the Ordinance exhibit on Item 3.12, Ordinance amending Zoning Ordinance Sections 23-356.3 and 23-363, Site Plan Committee. A correction to Exhibit A of item 3.4, Ordinance amending Zoning Ordinance Section 23-306.4, Permitted Uses, to allow Funeral Homes in Limited Commercial zoning districts was noted. The wording "engage in preparation of the deceased" was removed, so that the sentence now reads "In the LC district Funeral Home may not perform ambulance services". 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
April 9, 1998, 9:00 A.M.
CITY COUNCIL OF THE CITY OF ABILENE, TEXAS
CITY COUNCIL CHAMBERS OF CITY HALL
Mayor Pro Tempore Ferguson reconvened the City Council of the City of Abilene, Texas, into Regular Session April 9, 1998, at 9:00 a.m. in the City Council Chambers of City Hall.
Councilman Don Drennan gave the invocation.
Pledge of Allegiance was led by Marci Kropp, 5th grader at Johnston Elementary school, and accompanied by her parents, Larry and Cleta Kropp.
Michael Baird from Rural/Metro Ambulance Service presented one of 12 of the automated external defibrillators being donated to the City. Councilwoman Kay Alexander accepted the unit on behalf of the City and stated appreciation for the life-saving devices.
Mayor Pro Tempore Ferguson presented proclamations as follows:
April 6-10 as Community Development Week. Wanda Merritt, Community Development Administrator, assisted in the presentation of Certificates of Appreciation to the Butternut Association, Carver Community Steering Committee, and Habitat for Humanity for their participation in Community Development Week.
April 6-11 as National Public Health Week.
April 12-18 as Medical Laboratory Week.
There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held March 26, 1998, Councilman Vasquez moved to approve the minutes as printed. Councilwoman Martinez seconded the motion and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilman Beckham, Councilwoman Alexander, and Mayor Pro Tempore Ferguson.
NAYS: None.
Councilwoman Alexander moved to approve consent agenda items 3.1 through 3.3, and approval of first reading of items 3.4 (with correction to Exhibit A as noted in the Pre-Council session) through 3.9, 3.12 (with correction to Exhibit as noted in the Pre-Council session) and 3.13, as recommended by staff. Item 3.10 was pulled from the agenda pending appeal; Item 3.11 was pulled from the agenda to be considered at a later date. Councilman Vasquez seconded the motion and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilman Beckham, Councilwoman Alexander, and Mayor Pro Tempore Ferguson.
NAYS: None.
CONSENT AGENDA
Resolutions:
3.1 Oral Resolution approving a Street Use License request from McMurry University to install communication lines in S. 17th Street, Hunt Street, and Sayles Blvd.
3.2 Resolution directing staff to prepare Service Plan for proposed annexation of certain property.
The Resolution is numbered 12-1998 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, DIRECTING STAFF TO PREPARE A SERVICE PLAN FOR PROPOSED ANNEXATION OF CERTAIN PROPERTY.
Bid Awards:
3.3 Passenger van for Engineering Division, Bid #CB-8040. The bid was awarded to Bill Wilson Motor Company, the low responsible bidder in the amount of $20,748.15, as recommended by staff.
Ordinances:
3.4 Approval of first reading: Ordinance amending Zoning Ordinance Section 23-306.4, Permitted Uses, to allow Funeral Homes in Limited Commercial zoning districts, and set a public hearing for April 23, 1998 at 9:00 a.m.
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.
3.5 Approval of first reading: Z-01198 -Rezone from Office to Limited Commercial district property located at 3349 N. 12th St., and set a public hearing for April 23, 1998 at 9:00 a.m.
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.
3.6 Approval of first reading: Z-01498 - Rezone from RM-2 (Residential Multi-Family) to RM-3 (Residential Multi-Family) district property located in the 3100 block of Curry Lane, and set a public hearing for April 23, 1998 at 9:00 a.m.
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.
3.7 Approval of first reading: Z-01598 - Rezone from Residential Single Family to Office district property located at 858 Formosa, and set a public hearing for April 23, 1998 at 9:00 a.m.
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.
3.8 Approval of first reading: TC-01698 - Thoroughfare abandonment of Almond Street from the north r-o-w line of N. 7th St. to the south r-o-w line of N. 10th St., and set a public hearing for April 23, 1998 at 9:00 a.m.
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.
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.
3.11 Approval of first reading: Ordinance amending Zoning Ordinance Sections 23-306.4, 23-306.5.B, and 23-306.5.J. concerning Antennas and Antenna Towers, and set a public hearing for April 23, 1998 at 9:00 a.m. Removed from the agenda to be considered at a later date.
3.12 Approval of first reading: Ordinance amending Zoning Ordinance Sections 23-356.3 and 23-363, Site Plan Committee, and set a public hearing for April 23, 1998 at 9:00 a.m.
AN ORDINANCE AMENDING CHAPTER 23, "PLANNING AND COMMUNITY DEVELOPMENT," SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET ABOUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY AND CALLING A PUBLIC HEARING.
3.13 Approval of first reading: Ordinance amending Chapter 8, "Construction Regulations", Article VI, "Uniform Codes & Other Regulations," amending Article VI, Division 4, "Plumbing Code", and amending Article VI, Division 5, "Mechanical Code" of the Abilene Municipal Code.
AN ORDINANCE AMENDING CHAPTER 8, "CONSTRUCTION REGULATIONS" ARTICLE VI, "UNIFORM CODES AND OTHER REGULATIONS", AMENDING ARTICLE VI, DIVISION 4, "PLUMBING CODE"; AND AMENDING ARTICLE VI, DIVISION 5, "MECHANICAL CODE", OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING A PENALTY.
REGULAR AGENDA
Public Appearance:
4.1 Robert Ussery, owner of Bob's Bar, gave a presentation, then requested Council's consideration of an Ordinance adopting late hours for establishments serving alcoholic beverages in accordance with the Texas Alcohol Beverage Code (Sec. 105.03 (c) & (d)(2). Mr. Ussery stated his opinion on the benefits of adopting the late hours and gave a crime rate study comparison to the cities of Lubbock, Wichita Falls, Brownwood, and San Angelo who have late hours. The presentation required no Council action.
4.2 Lt. Eddie Chrane, Emergency Management Coordinator, gave a presentation on the Emergency Warning Systems. Lt. Chrane distinguished between "public" and "outdoor" warning, and explained why the system was deactivated in 1983 as follows:
Lt. Chrane further stated that the City of Abilene's primary hazard would be from hazardous materials (i.e., chemical spills) due to the railroad and highway transport traffic through Abilene. Mr. McDaniel emphasized that the original sirens were designed to warn of nuclear attack and were paid for by the Federal government. They were never designed for public weather warning. Lt. Chrane stated that the potential role and method of "outdoor warning siren" as part of an overall public warning program is for Council's consideration. Councilman Vasquez suggested we explore the possibilities of what the City and Dyess can do working together in the area of public warning. In conclusion, Mr. McDaniel addressed the pros and cons to a warning system and recommended we continue to monitor the technology and operational cost of a warning system.
The presentation required no action.
5.0 Other Business
Mayor Pro Tempore Ferguson 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 10:50 a.m.
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Jo Moore, City Secretary
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Ray Ferguson, Mayor Pro Tempore