City of Abilene

PRE-COUNCIL WORK SESSION, THURSDAY 

July 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 July 9, 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 Versie L. Brown, Jr., 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.

The Council briefly discussed various consent and regular agenda items as follows: Item 3.8, Ordinance amending Zoning Ordinance Sections 23-306.4, 23-306.5.B and 23-306.5.J.6 concerning Antennas and Antenna Towers - Andy Anderson, Director of Community Services, distributed the Exhibit to the Ordinance which addresses changes and/or deletions. Jeff Armstrong, Senior Planner, briefed the Council on the Exhibit. Council requested a copy, for clarification purposes, of the current Ordinance to compare to the proposed Ordinance. Roy McDaniel, City Manager, noted Item 4.3, Ordinance to annex three tracts of land in the south Lake Fort Phantom area, is the first reading of this Ordinance and is not a public hearing. If this Ordinance is passed on first reading today, the Council cannot go back and increase the area to be annexed at a later date. The two or three parcels requesting annexation will have additional requirements to meet (i.e., subdivision requirements). Mr. McDaniel stated a contract requiring additional action on the part of the property owners could be considered. Mr. Anderson stated specific forms of security (cash, bonds, letters of credit) could also be required of the property owners. Councilman Drennan emphasized that staff make property owners aware of the requirements. In discussing Item 4.1, Resolution to consider adoption of Carver Neighborhood Revitalization Plan, it was noted rezoning of property would not occur without the involvement of the property owners. 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

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

Councilman Rob Beckham gave the invocation.

Pledge of Allegiance was led by Bryce Hagelstein 7th grader at Madison Middle School and Coyt Hagelstein, 4th grader at Jackson Elementary, sons of Lee Hagelstein, Internal Auditor for the City. Also in attendance was their mother, Mrs. Terri Hagelstein.

Mayor McCaleb recognized Abilene and Cooper High School Government and Speech summer school students and their teachers, Brian Parmelly and Ralph Thornhill.

Jo Moore, City Secretary, assisted Mayor McCaleb in the presentation of the Employee Service Awards as follows:

30 Years, Bobby R. Drake, Police Sergeant II, Police Department

20 Years, Matthew W. Fillmon, Meter Reader II, Water Department

Mayor McCaleb, assisted by Employee Committee chair Jeff Armstrong, presented Employee Scholarship Awards to the following individuals:

CaSaundra Jackson, daughter of Lynthia Jackson, employed in the Call for Help office;

Patton Sides, son of Mary Anne Sides, Call for Help Supervisor;

James Daniel South, son of James R. South, Library employee; and

Cody Bob Williams, son of Phil Williams, Firefighter

DISPOSITION OF MINUTES

Councilman Brown moved to approve the minutes of the Special June 16, 1998 Council Meeting and June 25, 1998 Pre-Council and Council Meeting as printed. Councilwoman Martinez seconded the motion and the motion carried.

AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

CONSENT AGENDA

Councilman Drennan moved to approve consent agenda items 3.1 as recommended by staff, and approval of first reading of items 3.2 through 3.8. Mayor McCaleb noted that the items approved for first reading will have public hearings and final readings on July 23. Councilman Beckham seconded the motion and the motion carried.

AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

Resolutions

3.1 Oral Resolution appointing Davis, Kinard & Co., PC for independent audit services and authorizing the City Manager to execute appropriate documents.

Ordinances

    1. Approval of first reading - Z-02798 - Rezone from RM-2 (Residential Multi-Family) to LC (Limited Commercial) district located at 122 Clinton, and set a public hearing for July 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.

3.3 Approval of first reading - Z-02898 - Add H (Historic Overlay) to underlying RM-3 (Residential Multi-Family) district located at 555 Palm, and set a public hearing for July 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.

3.4 Approval of first reading - Z-02998 - Rezone from AO (Agricultural Open Space) to HC (Heavy Commercial) district located at I-20 & Hwy. 83, and set a public hearing for July 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.

3.5 Approval of first reading - Z-03198 - Amend PDD-40 concerning signage located at 950 N. Clack, and set a public hearing for July 23, 1998 at 9:00 a.m.

AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, AND ORDINANCE NO. 21-1986 CONCERNING THE PDD #40 PLANNED DEVELOPMENT DISTRICT; DECLARING A PENALTY AND CALLING A PUBLIC HEARING; AND AN EFFECTIVE DATE.

3.6 Approval of first reading - Z-03398 - Rezone from RS-6 (Residential Single Family) to LC (Limited Commercial) district located on the northeast corner of Ruby Street & Russell Avenue, and set a public hearing for July 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 - Ordinance amending Subdivision Regulations Section 23-257 concerning Standards Monuments, Permanent Markers and Centerline Markers, and set a public hearing for July 23, 1998 at 9:00 a.m.

AN ORDINANCE AMENDING CHAPTER 23, "PLANNING AND COMMUNITY DEVELOPMENT," SUBPART D, "SUBDIVISION REGULATIONS," OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.

3.8 Approval of first reading - Ordinance amending Zoning Ordinance Sections 23-306.4, 23-306.5.B and 23-306.5.J.6 concerning Antennas and Antenna Towers, and set a public hearing for July 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 SECTION AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY AND CALLING A PUBLIC HEARING.

REGULAR AGENDA

Resolutions

    1. Andy Anderson, Director of Community Development, briefed the Council on a Resolution to consider adoption of the Carver Neighborhood Revitalization Plan, and thanked the neighborhood for working with staff in a positive way.

Due to illness, Mr. Odis Dolton, Chair of the ICAN Committee, was absent and Rev. Andrew Penns formally presented the plan. Rev. Penns credited Mr. Dolton's work on the plan. Rev. Penns stated the purpose of the plan was to provide guidance and develop ways to improve conditions in the Carver neighborhood. Rev. Penns complimented Police Chief Martin and his staff for the services they provide.

Councilman Drennan stated serving on the steering committee was an enriching experience. The group has tried to tie into city improvement as well as reaching out to and appreciating each other. This is a great step in our community to make Abilene even greater. Councilman Drennan commended Nancy Jones of the Community Foundation for providing resources and for her involvement.

Councilwoman Martinez stated this was an open process, with positive involvement from citizens and staff. The process is a beginning - not an ending.

Councilwoman Alexander stated she thoroughly enjoyed chairing the Health & Welfare Committee and noted the plan can be a model for other neighborhoods, commending the cooperation between the citizens and City staff.

Councilman Brown commended the committee, citizens, and others for wanting to make Abilene the prettiest city you've ever seen. He thanked Rev. Penns and Mr. Dolton, noting he believes this will receive statewide and national attention with a very positive statement.

Councilman Beckham expressed his thanks and heartfelt appreciation for the courage and dedication shown and given through the work on this plan.

City Manager Roy McDaniel stated that although Councilman Vasquez is out of town today, he did call and ask that his appreciation and support be expressed to those having worked on the revitalization plan.

Mayor McCaleb stated it is obvious from the comments that good things have happened and that this is a very good sign for all the community. The Mayor stated his appreciation to those involved on how they reached out to the community and for letting the community share and not only for what has been done, but also for the way it was done. The Mayor concluded by stating the Carver Neighborhood Revitalization Plan is a wonderful plan to start the course to get where we want to go.

Councilman Brown moved to approve the Resolution adopting the Carver Neighborhood Revitalization Plan, as recommended by staff. Councilwoman Martinez seconded the motion and the motion carried.

AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

The Resolution is numbered 21-1998 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, ADOPTING THE CARVER NEIGHBORHOOD REVITALIZATION PLAN - 1998.

4.2 James Condry, Assistant Director of Public Works, briefed the Council on an Oral Resolution concerning an application/permit to drill and operate an oil & gas well within the City limits. Staff recommends 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.

Councilman Drennan moved to approve by Oral Resolution the application/permit to drill and operate an oil & gas well within the City limits, as recommended by staff. Councilman Beckham seconded the motion and the motion carried.

AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

4.3 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on first reading to annex three tracts of land in the south Lake Fort Phantom area, and set a public hearing for August 13, 1998 at 9:00 a.m. Staff recommends approval. Mr. Armstrong noted that after Council action today the area cannot be expanded, only reduced, and reiterated the fact that if the Ordinance is approved today on first reading, only the three areas referenced can be considered. Mayor McCaleb stated there will be no public hearing today, that this is the first step in the procedure for annexation. August 13 will be the public hearing on this item, but the Mayor stated that if someone is present and wants their property considered that is not shown today, please bring it to the Council's attention now.

No one spoke.

Councilman Beckham moved to approve the first reading of the Ordinance to annex three tracts of land in the south Lake Fort Phantom area, as recommended by staff. Councilwoman Martinez seconded the motion and the motion carried.

AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LIMITS OF THE CITY OF ABILENE, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY LYING ADJACENT AND ADJOINING THE PRESENT BOUNDARY LIMITS OF THE CITY OF ABILENE.

Other Business

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 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.

Councilwoman Martinez moved to approve Mayor McCaleb's recommendations to appoint individuals to new committees for Capital Improvements, Celebrate 2000, and the Year 2000 problems (Y2K), and for two appointments to the West Central Texas Municipal Water District. An official listing of the committee members will be provided upon confirmation of their willingness to serve. Two reappointments to the West Central Texas Municipal Water District were also made as follows: Fred Lee Hughes and Fred Sandlin, terms expiring 5/2000. Councilwoman Alexander seconded the motion and the motion carried.

AYES: Councilman Drennan, Councilwoman Martinez, Councilmen Beckham and Brown, Councilwoman Alexander, and Mayor McCaleb.

NAYS: None.

There being no further business, the meeting was adjourned at 10:50 a.m.

_____________________________ ______________________________

Jo Moore, City Secretary Gary D. McCaleb, Mayor


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