PRE-COUNCIL WORK SESSION, THURSDAY
July 23, 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 23, 1998, at 8:30 a.m. in the Basement Conference Room of City Hall. Mayor Pro Tempore Rob Beckham was present and presiding with Councilmen Paul Vasquez, Don Drennan and Versie L. Brown, Jr., and Councilwoman Kay Alexander. Also present were City Manager Roy McDaniel, Assistant City Manager Mike Morrison, City Attorney Sharon Hicks, Acting City Secretary Debbie Hurley, and various members of the City staff. Mayor Gary D. McCaleb and Councilwoman Carol Martinez were absent.
Mike Morrison, Assistant City Manager, introduced Nikolai Alexandrovich Yakovchenko, a Russian intern visiting Abilene. Earnest Merritt, Special Assistant to the City Manager for Youth Services, explained to Council Nickolai's activities while he is in Abilene, stating he will be here until August 11. The Council briefly discussed various consent and regular agenda items. City Manager Roy McDaniel noted Council had before them a letter from Hope Haven regarding Item 3.2, Resolution approving the 1998 One-Year Action Plan for CDBG and HOME. Item 3.9, Ordinance amending Zoning Ordinance Sections 23-306.4, 23-306.5.B and 23-306.5.J.6 concerning Antennas and Antenna Towers was discussed. Jack Harkins, Architect, presented to the Council the Airport Terminal Update and distributed a tentative schedule of the planned progress. A memo was distributed to the Council from the City Secretary noting a correction to the July 9 minutes. 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 23, 1998, 9:00 A.M.
CITY COUNCIL OF THE CITY OF ABILENE, TEXAS
CITY COUNCIL CHAMBERS OF CITY HALL
Mayor Pro Tempore Beckham reconvened the City Council of the City of Abilene, Texas, into Regular Session July 23, 1998, at 9:00 a.m. in the Council Chambers of City Hall.
Councilman Versie L. Brown, Jr., gave the invocation.
Dylan Whisenhunt, five-year-old son of Assistant Director of Finance Mindy Whisenhunt and ARBEC Manager Todd Whisenhunt, led the pledge of Allegiance.
Mayor Beckham presented a Proclamation for August 4, 1998 as National Night Out.
With one correction previously noted and no additions or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held July 9, 1998 Councilman Drennan moved to approve the minutes as printed. Councilman Vasquez seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Brown, Councilwoman Alexander, and Mayor Pro Tempore Beckham.
NAYS: None.
There were no consent agenda items.
REGULAR AGENDA
Resolutions
3.1 Elizabeth Grindstaff, Downtown Manager, briefed the Council on a request for approval by Oral Resolution for Candies by Vletas as a tenant in REA Baggage Express Building according to TIF Incentive Committee terms. Ms. Grindstaff introduced Kris Southward, Chair of the TIF Incentive Committee, who addressed the selection process. Mrs. Grindstaff outlined the funding for renovations specific to this tenant, stating the plan is for them to be in place for the holiday season.
Council stated their appreciation and pleasure with the selection by the TIF Board.
Councilwoman Alexander moved to approve by Oral Resolution Candies by Vletas as a tenant in REA Baggage Express Building according to TIF Incentive Committee terms, as recommended by staff. Councilman Vasquez seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Brown, Councilwoman Alexander, and Mayor Pro Tempore Beckham.
NAYS: None.
3.2 Wanda Merritt, Community Development Specialist, briefed the Council on a Resolution approving the 1998 One-Year Action Plan for CDBG and HOME. Mrs. Merritt stated that funds were being recommended for replacement of playground equipment and construction of accessibility ramps at the Ash Street Day Nursery, roof replacement and interior renovations for two buildings in the Medical Care Mission, tenant-based rental assistance for the Family Self-Sufficiency program, and installation of air conditioning and restroom renovation at the Boys & Girls Club Nelson clubhouse.
Mayor Pro Tempore Beckham opened a public hearing on the item, and the following individuals spoke:
. Pamela Mann, PO Box 701, representing Day Nurseries of Abilene, outlined the use of funds, and thanked the Council for the funding.
. Carl Cook, Executive Director of Hope Haven, 1109 Oak, listed the services they provide for the homeless and the number of individuals and families housed, on a waiting list, and turned away from their facility for various reasons - mostly due to lack of space. Hope Haven submitted two request for funding - one for operations, the other for construction of a storage building. Both were denied. Mr. Cook asked Council to reconsider grant funding for the storage building.
. Linda Hobbs, Executive Director of the Boys & Girls Club, PO Box 2013, stated they have three facilities, and need to improve the air conditioning in the Fannin and Nelson facilities. AISD is providing matching funds for the bathroom facilities at Nelson. Ms. Hobbs thanked the Council for providing funding for these projects.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilwoman Alexander moved to approve the Resolution approving the 1998 One-Year Action Plan for CDBG and HOME, as recommended by staff, stating the dilemma of needing more funds to disperse to these worthwhile organizations, and urged those who did not get funding this year to continue to submit requests for future years. Councilman Brown seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Brown, Councilwoman Alexander, and Mayor Pro Tempore Beckham.
NAYS: None.
The Resolution is numbered 22-1998 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPROVING THE FY 1998-99 ONE-YEAR ACTION PLAN FOR USE OF COMMUNITY DEVELOPMENT BLODK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) FUNDS
Ordinances
3.3 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading to rezone from RM-2 (Residential Multi-Family) to LC (Limited Commercial) district located at 122 Clinton. The Planning and Zoning Commission and staff recommend approval.
Mayor Pro Tempore Beckham opened a public hearing on the item, and there being no one present and desiring to be heard, the public hearing was closed.
Councilman Brown moved to approve the Ordinance to rezone from RM-2 (Residential Multi-Family) to LC (Limited Commercial) district at 122 Clinton, as recommended by the Planning & Zoning Commission and staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Brown, Councilwoman Alexander, and Mayor Pro Tempore Beckham.
NAYS: None.
The Ordinance is numbered 33-1998 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.
3.4 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-02898 - Add H (Historic Overlay) to underlying RM-3 (Residential Multi-Family) district located at 555 Palm. The Planning and Zoning Commission, Landmarks Commission, and staff recommend approval.
Mayor Pro Tempore Beckham 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 to add H (Historic Overlay) to underlying RM-3 (Residential Multi-Family) district at 555 Palm. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Brown, Councilwoman Alexander, and Mayor Pro Tempore Beckham.
NAYS: None.
The Ordinance is numbered 34-1998 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.
3.5 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading Z-02998 - Rezone from AO (Agricultural Open Space) to HC (Heavy Commercial) district located at I-20 & Hwy. 83. The Planning and Zoning Commission recommends approval; staff, though not opposed to HC zoning, recommends consideration of GC (General Commercial) as an alternative.
Mayor Pro Tempore Beckham opened a public hearing on the item, and the following individuals spoke:
. Bob Childress, 2310 Campus Court, proponent, stated he has no immediate plans for the property. The property all around is zoned Heavy Commercial with no General Commercial in the area, and the land is in the floodway.
. Larry Gill, 1204 Lytle Way Circle, is concerned with aesthetics. The property is in the entryway and is a large area that could be detrimental to the entryway if sold and developed in a manner that would not be conducive to the entryway plan.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilwoman Alexander asked what could be built in the floodway.
Mr. Armstrong stated recreational endeavors, such as a golf course. Andy Anderson, Director of Community Development, noted that a floodway is difficult to develop.
Councilman Vasquez asked what types of business could be built in the floodway under General Commercial.
Mr. Armstrong stated this is a difficult process concerning buildings; mostly outdoor recreational facilities.
Mayor Pro Tempore Beckham asked if Council approved General Commercial, could the owners go to Heavy Commercial later?
Mr. Armstrong answered yes, other businesses can be General Commercial.
Councilman Drennan asked if there was discussion regarding the recommendation in the Planning and Zoning Commission meeting.
Mr. Armstrong stated there is no reason not to zone Heavy Commercial.
Councilwoman Alexander asked if there was discussion of the entryway at the Planning and Zoning Commission meeting; Mr. Armstrong answered no.
City Manager McDaniel asked how much property is in the floodway. Mr. Childress answered all of it, plus other properties. Mr. Anderson stated it is unlikely any buildings will go up due to the floodway restrictions.
Councilman Drennan moved to approve the Ordinance to rezone from AO (Agricultural Open Space) to HC (Heavy Commercial) district located at I-20 & Hwy. 83. The motion failed for lack of a second.
Councilman Vasquez moved to approve the Ordinance to rezone from AO (Agricultural Open Space) to GC (General Commercial) district located at I-20 & Hwy. 83. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Brown, Councilwoman Alexander, and Mayor Pro Tempore Beckham.
NAYS: None.
The Ordinance is numbered 35-1998 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.
3.6 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading - Z-03198 - Amend PDD-40 concerning signage located at 950 N. Clack. The Planning and Zoning Commission and staff recommend approval.
Mayor Pro Tempore Beckham opened a public hearing on the item, and the following individual spoke in favor of the request:
. Jana Rice, 950 N. Clack, proponent.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Vasquez moved to approve the Ordinance amending PDD-40 concerning signage located at 950 N. Clack, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Brown, Councilwoman Alexander, and Mayor Pro Tempore Beckham.
NAYS: None.
The Ordinance is numbered 36-1998 and is captioned as follows:
AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, "ZONING," AND ORDINANCE NO. 21-1986 CONCERNING THE PDD #40 PLANNED DEVELOPMENT DISTRICT; DECLARING A PENALTY AND CALLING A PUBLIC HEARING; AND AN EFFECTIVE DATE.
3.7 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final 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. The Planning and Zoning Commission recommends approval, staff recommends approval based on compatibility of use to surrounding uses.
Mayor Pro Tempore Beckham opened a public hearing on the item, and there being no one present and desiring to be heard, the public hearing was closed.
Councilwoman Alexander moved to approve the Ordinance to rezone from RM-2 (Residential Multi-Family) to LC (Limited Commercial) district at 122 Clinton, as recommended. Councilman Brown seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Brown, Councilwoman Alexander, and Mayor Pro Tempore Beckham.
NAYS: None.
The Ordinance is numbered 37-1998 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.
3.8 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading amending Subdivision Regulations Section 23-257 concerning Standards Monuments, Permanent Markers and Centerline Markers. The Planning and Zoning Commission and staff recommend approval.
Mayor Pro Tempore Beckham opened a public hearing on the item, and there being no one present and desiring to be heard, the public hearing was closed.
Following discussion among staff and Council, Councilman Vasquez moved to approve amending Subdivision Regulations Section 23-257 concerning Standards Monuments, Permanent Markers and Centerline Markers, as recommended. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Brown, Councilwoman Alexander, and Mayor Beckham.
NAYS: None.
The Ordinance is numbered 38-1998 and is captioned as follows:
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.
3.9 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading amending Zoning Ordinance Sections 23-306.4, 23-306.5.B and 23-306.5.J.6 concerning Antennas and Antenna Towers, and gave the history concerning the Antennas & Antenna Towers Ordinance. The Planning and Zoning Commission and staff recommend approval.
Mayor Pro Tempore Beckham opened a public hearing on the item, and the following individuals spoke in response to the request:
. Larry Gill, 1204 Lytle Way Circle, recommended any tower over 75' require a public hearing to ensure citizen involvement.
Councilman Vasquez asked if the purpose of the public hearing would be to change the proponent's mind, since Council can't deny a request if the specifications are met.
Mr. Gill answered yes, it would give the public an opportunity for input.
. Ron Hardin, PO Box 2722, Abilene, Key City Amateur Radio Club, is concerned with the regulations and how they affect the amateur radio community. Mr. Hardin is looking for assurance their group will not be affected.
. David Buskirk, Cimarron Land Services, PO Box 2284 of Edmond, Oklahoma, representing Southwestern Bell Wireless, stated for the record their disappointment in the Ordinance. Over the past four months, they have made a diligent appeal to this City to consider rewriting what he considers to be the the worst wireless Ordinance draft he has ever seen. The ordinance is intrusive, discriminatory, and extremely burdensome. This Ordinance as written is bad for the industry, for the community, for the City, and above all the provisions incorporated within this are illegal. Mr. Buskirk requested Council send the Ordinance back to Planning and Zoning with the message to please try to do better. If this Ordinance is enacted, it will make it nearly impossible for them to serve Abilene. He further stated at no point during the meetings that were had to change this Ordinance was the industry ever invited to participate. They found out the public hearing was taking place and simply invited themselves. He stated he is sorry there wasn't more industry participation. None of the concerns they had during the meeting they attended were integrated into this Ordinance.
Of the five times he has attended these meetings in Abilene, he has seen one individual present at these meetings. He hasn't seen a public outcry. They are concerned about how our community looks. They are trying to resolve Abilene's concerns as well as provide service to those that expect it. They will co-locate on a structure where possible, it just makes financial sense to do so, but when they are restricted from areas where they have received customer complaints to provide better service, there's a problem with that. He does not have a problem with public hearings and is a firm believer everyone has a right to speak their minds. They want to be invited to look at the issues that will greatly affect the wireless industry. Mr. Buskirk then distributed letters.
Mr. McDaniel stated he personally invited Southwestern Bell representatives to participate in this process. Southwestern Bell has had plenty of opportunity to participate.
Mr. Buskirk stated he has been present for every scheduled meeting and yes, Mr. McDaniel may have invited someone, Southwestern Bell is a very large company. The events that took place in December or January when the tower was erected, those were the people that really needed to present their input.
Mr. McDaniel stated those were the ones invited.
Councilwoman Alexander stated surely you're not saying we should have invited you and not just anyone from Southwestern Bell?
Mr. Buskirk replied, no, Southwestern Bell is a very large company. The notification chain is rather long. By the time he found out this would be discussed, it was the evening before the meeting was proposed. It was not as if they had a lot of time to prepare.
Councilwoman Alexander stated she understands their hardship, maybe it is an internal communication problem with Southwestern Bell.
Councilman Drennan questioned if Southwestern Bell was notified, but didn't have the ability to let the people know this discussion would take place when the letter is dated July 22?
Mr. Buskirk stated the prior letter of April 6 was sent.
Councilman Drennan asked if Mr. Buskirk made a presentation to Planning & Zoning and present written material to them?
Mr. Buskirk replied yes, and Planning & Zoning indicated there would be another workshop, but they found out two weeks ago this had already gone to Planning & Zoning and was going to Council.
Councilman Drennan asked staff if that was right.
Mr. Armstrong stated at the workshop in June, a Cimarron employee was present. At that workshop it was clearly and continually stated at the July Planning & Zoning meeting they were planning to have the public hearing and to consider taking action at that time.
Councilwoman Alexander asked if Mr. Buskirk was at the June meeting.
Mr. Buskirk answered no, Beverly Brown was and when he discussed this with her she was shocked that this was being presented. She understood there would be another meeting to fine tune this. Mr. Buskirk stated this is the exact same Ordinance as presented in March, only more restrictive.
Councilman Drennan asked if the Planning & Zoning Commission received this information.
Mr. Armstrong replied staff met with three industry representatives who decided they would provide written comments. On April 6, Southwestern Bell's letter was received along with two from other industries. All issues were brought up to Planning & Zoning. The current Ordinance is not the same, and Mr. Armstrong proceeded to elaborate on four changes that had been made.
Councilwoman Alexander asked if Mr. Buskirk was aware of the changes noted by Mr. Armstrong.
Mr. Buskirk answered the important changes had not been made.
Councilman Drennan stated the Mr. Buskirk had said the Ordinance had not been changed from the original at all, but was more restrictive, so that's really not true - the Ordinance has been changed.
Mr. Buskirk replied yes, that's what he said, but not what he meant. He meant the intent of the Ordinance had not changed.
Councilman Drennan stated that was not what he said, and Council does not appreciate being told he wasn't told when he was.
Mr. Buskirk stated there are issues that haven't been addressed, referencing, for example, the number of towers needed.
Mr. McDaniel stated the city has listened to the industry and citizens, and Planning & Zoning has now made their recommendations to the Council. We're trying for an Ordinance for the best of our City, citizens, and for the industry. It is not appropriate for Mr. Buskirk to say the Council has not listened.
Sharon Hicks, City Attorney, noted she received a phone call and fax at 6:00 p.m. yesterday from Southwestern Bell. She then asked Mr. Buskirk, for Abilene, Texas, as it sits now, what is Southwestern Bell's preferred height of towers?
Mr. Buskirk replied 150 feet.
Mr. McDaniel suggested tabling the item to review legal issues.
Councilwoman Alexander stated she appreciates the City Attorney and that it is inappropriate for her to receive a fax at 6:00 p.m. the day before an issue is to be addressed at the Council meeting.
Mrs. Hicks stated staff, including Cindy Cullen, Technology Liaison and Jeff Armstrong, Senior Planner, looked at numerous issues and ordinances. It was never the City Attorney's nor any staff's position to send something to Council that is potentially volatile of legal issues. This organization has presented what they consider to be fair.
Mr. Buskirk stated there are parts of the Ordinance they agree with too and they don't want to blight Abilene with towers. He apologized for offending the Council.
Councilwoman Alexander informed Mr. Buskirk the next Council meeting will be August 13.
Steve Krazer, 2536 Ricsan Rd., Chair of the Planning and Zoning Commission, stated they made every effort to address all items.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilwoman Alexander moved to table the Ordinance amending Zoning Ordinance Sections 23-306.4, 23-306.5.B and 23-306.5.J.6 concerning Antennas and Antenna Towers, as recommended by Mr. McDaniel. Councilman Drennan seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Brown, Councilwoman Alexander, and Mayor Pro Tempore Beckham.
NAYS: None.
Other Business
Mayor Pro Tempore Beckham 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.
There being no further business, the meeting was adjourned at 12:15 p.m.
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Debbie Hurley, Acting City Secretary
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Rob Beckham, Mayor Pro Tempore