City of Abilene

PRE-COUNCIL WORK SESSION, THURSDAY 

May 7, 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 May 7, 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, Councilwoman Carol Martinez, Councilman Rob Beckham, 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 Gary D. McCaleb arrived prior to the recessing of the Pre-Council session.

City Manager Roy McDaniel noted corrections on pages 5 and 6 have been made to the April 23, 1998 minutes. Councilman Vasquez also noted a correction to the minutes on Item 4.3, Z-01198 - Rezone from O (Office) to LC (Limited Commercial) district property located at 3349 N. 12th Street. The motion by Councilman Vasquez on item 4.3 should show a second by Councilman Ferguson instead of Councilman Drennan. City Manager Roy McDaniel stated that the Planning and Zoning items (3.6 through 3.8) would be removed from the Agenda pending Planning & Zoning Commission's recommendations. No action was taken on the items at the last Planning & Zoning Commission meeting due to the meeting being cancelled as a result of a lack of a quorum. Councilman Drennan announced that today is National Day of Prayer and encouraged those in attendance to attend the event to be held at noon on the front lawn of City Hall. The Council briefly discussed various consent and regular agenda items, and 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

May 7, 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 May 7, 1998, at 9:00 a.m. in the City Council Chambers of City Hall.

Councilman Ray Ferguson gave the invocation.

Mayor McCaleb introduced Slade Earnest, who led in the Pledge of Allegiance. Slade is a 3rd grader from Jackson Elementary School; and was accompanied by his parents, Sharon & Gary Earnest.

City Secretary Jo Moore assisted Mayor McCaleb in the presentation of the Employee Service Awards to the following individuals for their years of service:

25 Years, Jose Vasquez, Heavy Equipment Operator II, Street Services

20 Years, A. J. Stevens, Jr., Survey Party Crew Chief, Engineering

Mayor McCaleb presented the following proclamations:

May 10-16 as National Nursing Home Week;

May 11-16 as Try Transit Week;

May 9 as Letter Carrier Food Drive Day; and

May 17-23 as National Public Works Week.

Councilman Drennan moved to approve the minutes of the Pre-Council Session and Regular City Council Meeting held April 23, 1998 as printed with the noted corrections having been made on pages 5 and 6, and the correction to the motion on Item 4.3, Z-01198 - Rezone from O (Office) to LC (Limited Commercial) district property located at 3349 N. 12th Street reflecting a second by Councilman Ferguson instead of Councilman Drennan. There being no further corrections, additions, or deletions to the minutes, 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.

CONSENT AGENDA

Councilwoman Martinez moved to approve consent agenda items 3.1 and 3.3, approval of second and final reading of Item 3.4, and approval of first reading of Item 3.5, as recommended by the staff. Items 3.6 through 3.8 were removed from the consent agenda to be considered at a later date. Item 3.2 was removed from the Consent Agenda to be considered separately at the request of Mrs. Bobbie Hotchkiss. 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.

Resolutions

    1. Oral Resolution authorizing payment in the amount of $24,792 to the Potosi Water Supply Corporation for participation in the installation of an oversized water line project.
    2. Oral Resolution to consider acquisition of 10 + acres along Amarillo Street between South 32nd and South 36th Streets for the purpose of storm water detention. Removed from the consent agenda to be considered separately.

Award of Bid

3.3 Judge Ely Blvd. reconstruction Phase III, Bid #CB8043. The bid was awarded to Contract Paving Company of Tye, TX in the amount of $486,462.31 as recommended by staff.

Ordinances

3.4 Approval of second and final reading - Ordinance amending Chapter 18, "Motor Vehicles and Traffic", Sections 18-293, 18-294, 18-297, and 18-299 of the Abilene Code.

The Ordinance is numbered 25-1998 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.

3.5 Approval of first reading - Ordinance removing designation of Tax Abatement Reinvestment Zone Number Four in accordance with Texas Property Redevelopment and Tax Abatement Act, and set a public hearing for May 21, 1998 at 9:00 a.m.

AN ORDINANCE OF THE CITY COUNCIL OF ABILENE, TAYLOR COUNTY, TEXAS, REMOVING THE DESIGNATION OF TAX ABATEMENT REINVESTMENT ZONE NUMBER FOUR IN ACCORDANCE WITH THE TEXAS PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT ("ACT"), TEX. TAX CODE ANN. 312.001 ET. SEQ.; AND TERMINATING THE AGREEMENT FOR TAX ABATEMENT WITH INDEPENDENT GROCERS, INC. AND CALLING A PUBLIC HEARING.

3.6 Z-02098 - Add Historic Overlay to underlying RM-3 (Residential Multi-Family) district located at 1042 Mulberry, and set a public hearing for May 21, 1998 at 9:00 a.m. Removed from the Consent Agenda to be considered at a later date.

3.7 Z-02398 - Rezone from AO (Agricultural Open Space) to PDMX (Planned Development Mixed Use) district located on Griffith Road, and set a public hearing for May 21, 1998 at 9:00 a.m. Removed from the Consent Agenda to be considered at a later date.

3.8 Ordinance amending Sections 23-306.4, 23-306.5.B., and 23-306.5.J.6. of the Zoning Ordinance, concerning Antennas and Antenna Towers, and set a public hearing for May 21, 1998 at 9:00 a.m. Removed from the Consent Agenda to be considered at a later date.

REGULAR AGENDA

Resolutions

    1. Oral Resolution to consider acquisition of 10 + acres along Amarillo Street between South 32nd and South 36th Streets for the purpose of storm water detention. Mrs. Hotchkiss questioned why the project was changed from Waverly? Andy Anderson, Director of Community Development, responded that the Capital Improvement Program includes two projects, both of which are designated to address localized drainage problems in the vicinity of S. 32nd Street and Treadaway Boulevard. The project entitled "S. 32nd/Waverly Ave." was funded in 1997 and the "S. 32nd Street Detention Facility" is scheduled for 1999. Development pressures in the vicinity of S. 32nd and Treadaway have made critical the timing for acquiring the property necessary for the detention project. Negotiations have taken place with the current property owner for 10 + acres between S. 32nd and S. 36th for the construction of this project. The total land cost including considerations is $163,004.

Councilman Vasquez moved to approve by Oral Resolution the acquisition of 10 + acres along Amarillo Street between South 32nd and South 36th Streets for the purpose of storm water detention, 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.

Public Appearance

    1. The Cooper High School Physics class, accompanied by teacher Jim Reeves and Nathan Nease, presented the results of a study to find Abilene's Worst Bump. The Toyota Motor Company had given the class a $10,000 TAPESTRY grant to purchase the high tech equipment needed for the study and the Abilene New Car Dealer's association provided vehicles to conduct the study in. The study showed the top ten worst bumps in Abilene are:

The 10th worst bump is at the intersection of Green Meadows & Sylvan

The 9th worst bump is at the intersection of Chimney Rock & Buffalo Gap

The 8th worst bump is at the intersection of S. 8 & Ross

The 7th worst bump is at the intersection of Radford & Avenue F

The 6th worst bump is at the intersection of Stratford & Buccaneer

The 5th worst bump is at the intersection of Industrial & Treadaway

The 4th worst bump is at the intersection of Ambler & Mockingbird

The 3rd worst bump is at the intersection of S. 14th & Willis

The 2nd worst bump is at the intersection of N. 2 & Clinton

And the worst bump in Abilene is at the intersection of Hartford and Buccaneer!

Following the presentation, the students offered a few suggestions to help make driving Abilene's streets a safer and more enjoyable experience.

Mayor McCaleb thanked the class for presenting the results of their study, and complimented them on a thoughtful and well-informed study, stating it is important that students are studying physics and already becoming involved in solving problems in the city. No Council action was required.

Special Considerations:

    1. Jo Moore, City Secretary, briefed the Council on a Resolution canvassing the returns and declaring the results of the May 2, 1998 City of Abilene General Election. The results show that Kay Alexander was re-elected to Council Place 6 having received the majority of the votes cast. For Council Place 5, the results show that no candidate received a majority of the votes cast. A runoff election for Council Place 5 has been set June 6, 1998. Total votes cast were as follows: Council Place 5: Don Hardin - 889; David Barnhill - 269; Billy Enriquez - 1446; and V. L. "Versie" Brown - 1979. Council Place 6: Kay Alexander - 3789; and Bobbie Antilley Hotchkiss - 680. The candidates receiving the highest percentage of votes cast and qualifying for the runoff election are: Mr. Brown with 43% and Mr. Enriquez with 32%. It was noted that additional early voting will be held May 30.

Ballot and Seal Certificates were received by mail from each presiding judge, duly signed by same and released to the City Secretary for filing in the official election records.

Councilwoman Martinez moved to approve the Resolution canvassing the returns and declaring the results of the General election held May 2, 1998 as presented. 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 15-1998 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD IN THE CITY OF ABILENE ON MAY 2, 1998.

4.3 Jo Moore, City Secretary, presented to each member of the City Council their annual paycheck of one (1.00) dollar, with the exception of Councilman Ferguson, who was presented his paycheck by his daughter, Rebekah. Mrs. Moore then presented a City of Abilene bracelet to Mrs. Star Ferguson, and a City Council lapel pin to Councilman Ferguson. Mayor McCaleb stated his appreciation to Councilman Ferguson for his six years' service to the citizens of Abilene.

4.4 Jo Moore, City Secretary, administered the Oath of Office to Kay Alexander, Council Place 6.

4.5 Mayor McCaleb recessed the Council for a reception honoring reelected Councilwoman Alexander and outgoing Councilman Ferguson.

Following the reception, 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.

Following the executive session, Council reconvened into open session and reported no action was taken in executive session.

5.3 Mayor McCaleb noted the Charter states the Council will elect a Mayor Pro Tempore. Historically, one Councilmember serves as Mayor Pro Tempore and one assists in presenting the proclamations and ceremonial duties as Deputy Mayor Pro Tempore. Serving in those positions are usually those Councilmembers who are in the last year of their terms. Mayor McCaleb then asked outgoing Councilman Ray Ferguson to toss a coin to determine who would be designated Mayor Pro Tempore and Deputy Mayor Pro Tempore. Councilwoman Martinez called heads and Councilman Beckham called tails for the position of Mayor Pro Tempore. The toss was heads.

Councilman Ferguson moved to elect Councilwoman Carol Martinez as Mayor Pro Tempore and Councilman Rob Beckham as Deputy Mayor Pro Tempore. 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 11:05 a.m.

_____________________________ ______________________________

Jo Moore, City Secretary Gary D. McCaleb, Mayor


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