PRE-COUNCIL WORK SESSION, THURSDAY
August 13, 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 August 13, 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, Councilman 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 Rob Beckham was absent.
Mayor McCaleb stated that Councilman Beckham was out of town attending a Year 2000 program sponsored by TML. Roy McDaniel, City Manager, introduced the new Airport Manager, Rick Crider. The Council discussed various consent and regular agenda items as follows: Mr. McDaniel stated Item 4.3, Oral Resolution considering appeal by Curtis Harwell of Patty Baker & Co. of the Mechanical, Plumbing, & Electrical Board decision, was withdrawn by the proponent. Michelle Martinez, Administrative Assistant to the City Manager, briefed the Council on Item 3.4, Oral Resolution authorizing the City Manager to sign an Interlocal Agreement as sponsoring agency of the Abilene Regional MH/MR Center. Downtown Manager Elizabeth Grindstaff briefed the Council on Items 3.6, Oral resolution adopting the Downtown Streetscape Master Plan and 4.4, Oral Resolution adopting Downtown Special Events permit policy and process. Mrs. Grindstaff distributed the revised policy and the application for the permit. Mrs. Grindstaff stated this process has taken one year and also noted a paragraph regarding damages needs to be included in the policy. Councilwoman Martinez voiced concerns about imposing restrictions on organizations that have been working on events already, suggesting the policy become effective January 1, or that Council table the item. Councilwoman Martinez also expressed concern with barricade requirements imposed on applicants, stating she feels the City should be responsible for the barricading since event organizers are not experts in traffic control or barricading. 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
August 13, 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 August 13, 1998, at 9:00 a.m. in the City Council Chambers of City Hall.
Councilwoman Kay Alexander gave the invocation.
Pledge of Allegiance was led by Whitney Tipler, 3rd grader at Tye Elementary, daughter of Cathy Tipler, employed in the City's Accounting Division (also in attendance) and Dennis Tipler, employed in the City's Water Distribution Division.
Jo Moore, City Secretary, assisted Mayor McCaleb in the presentation of the Employee Service Awards as follows:
35 Years, Aubrey K. Heatley, Utility System Supervisor, Water Distribution
30 Years, Charles E. Nowlin, Equipment Operator II, Refuse Collection
25 Years, Gary D. Hudson, Registered Surveyor, Engineering
20 Years, David L. Dockter, Firefighter, Fire Department
20 Years, Jim R. Fleming, Fire Captain, Fire Department
20 Years, John S. Fullerton, Fire Captain, Fire Department
20 Years, Robert W. Putnam, Fire Chief, Fire Department
20 Years, Jessie Sarabia, Equipment Mechanic II, Equipment Services
DISPOSITION OF MINUTES
Councilman Vasquez moved to approve the minutes of the July 14 & 15, 1998 Budget Worksession and the July 23, 1998 Pre-Council and Council Meeting as printed. Councilman Brown seconded the motion and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilman Brown, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
CONSENT AGENDA
Councilman Drennan moved to approve consent agenda items 3.1 through 3.7 and approval of first reading of items 3.8 through 3.11, 3.13, 3.14, and second and final reading of item 3.12 as recommended by staff. Councilman Brown seconded the motion and the motion carried. Mayor McCaleb noted Item 3.13 on the agenda, the cable franchise company name, should read "TCA" rather than "TCI".
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilman Brown, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
Resolutions
The Resolution is numbered 23-1998 and is captioned as follows:
APPOINTING A HEARING OFFICER IN CONNECTION WITH THE ISSUANCE OF BONDS BY THE STAMFORD HIGHER EDUCATION FACILITIES CORPORATION FOR THE BENEFIT OF ABILENE CHRISTIAN UNIVERSITY AND AUTHORIZE THE MAYOR OF THE CITY OF ABILENE TO APPROVE CERTAIN MATTERS AS REQUIRED BY SECTION 147(f) OF THE INTERNAL REVENUE CODE.
Ordinances
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.
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.
3.10 Approval of first reading - Z-03698 - Rezone from HC (Heavy Commercial) to MH (Mobile Home) district located in the 3000 block of E. N. 10th Street, and set a public hearing for August 27, 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.
3.11 Approval of first reading - Ordinance amending various sections of the Zoning Ordinance, and set a public hearing for August 27, 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.
3.12 Approval of second and final reading - Ordinance changing City's 1999 contribution rate to Texas Municipal Retirement System.
The Ordinance is numbered 39-1998 and is captioned as follows:
AN ORDINANCE ELECTING FOR THE CITY TO MAKE CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO THE CITY'S ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM AT SUCH RATE WITHIN LEGAL LIMITS, AS THE ACTUARY ANNUALLY DETERMINES IS REQUIRED TO FUND WITHIN A PERIOD OF TWENTY-FIVE YEARS FROM THE MOST RECENT VALUATION DATE, THE COSTS OF EMPLOYEE BENEFITS PAYABLE FROM, OR CHARGEABLE TO, THE CITY'S SAID ACCOUNT IN SAID FUND.
3.13 Approval of first reading - Ordinance approving additional extension of TCA Cable franchise, and set a public hearing for August 27, 1997 at 9:00 a.m.
AN ORDINANCE GRANTING TO TCA CABLE PARTNERS II d/b/a TCA CABLE TV OF ABILENE, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE BOUNDARIES OF THE CITY OF ABILENE A CABLE TELEVISION BUSINESS; AND PROVIDING THEREIN FOR SERVICES, EQUIPMENT AND FACILITIES; A TERM; FRANCHISE FEES; CONNECTION TO CERTAIN PUBLIC BUILDINGS; INSURANCE; OTHER DUTIES; AMENDMENT; ACCEPTANCE OF FRANCHISE; RATES; PUBLICATION; AN EFFECTIVE DATE; A SAVINGS CLAUSE; NOTICE TO PARTIES; AND CALLING A PUBLIC HEARING.
AN ORDINANCE APPROVING AND ACCEPTING THE TWO YEAR, SELECT CHOICE PILOT PROGRAM FILED BY WEST TEXAS UTILITIES COMPANY FOR THE FURNISHING OF SERVICE WITHIN THE CITY OF ABILENE, TEXAS, BY WEST TEXAS UTILITIES COMPANY PROVIDING SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
REGULAR AGENDA
Ordinances
4.1 Jeff Armstrong, Senior Planner, briefed the Council on an Ordinance considered on second and final reading to annex three tracts of land in the south Lake Fort Phantom area. Staff recommends approval.
Mayor McCaleb opened a public hearing on the item, and the following individuals spoke in response to the request:
. Richard Wagley, FM 2833 (East Lake Road) withdrew his annexation request stating it is more land than he wanted annexed; also withdrew the remaining portion of his property.
. Mrs. Cutbirth, 5250 E. Lake Rd., indicated they do not want their property on FM 2833 (East Lake Road) annexed.
. Rex Stracer #57, (as indicated on the annexation map), stated he feels the city will in the future annex the remaining property in the area and opposes this.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Vasquez reminded those in attendance this process was undertaken at the request of the people that came to the City wanting to be annexed.
Mayor McCaleb stated the city's intent was to honor the request of those asking to be annexed as well as those asking not to be annexed.
Councilman Vasquez moved to approve the Ordinance considered on second and final reading to annex land in the south Lake Fort Phantom area, excluding at their request the Wagley and Cutbirth properties located at FM 2833 (East Lake Road). Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilman Brown, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
The Ordinance is numbered 40-1998 and is captioned as follows:
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.
Properties located on Nugent & Jarman Roads in the South Lake Fort Phantom Area.
4.2 Councilwoman Martinez moved to remove from the table an Ordinance amending Zoning Ordinance Sections 23-306.4, 23-306.5.B and 23-306.5.J.6 concerning Antennas and Antenna Towers. Councilman Brown seconded the motion and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilman Brown, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
Jeff Armstrong, Senior Planner, briefed the Council on the Ordinance amending Zoning Ordinance Sections 23-306.4, 23-306.5.B and 23-306.5.J.6 concerning Antennas and Antenna Towers, stating the item was tabled at the July 23 Council meeting in order to allow staff to review some last minute issues raised by the industry. Mr. Armstrong noted representatives of the industry were invited to that review meeting, and one industry representative attended. Mr. Armstrong then reviewed the changes made to the Ordinance as follows: 1) Section 23-306.5.J (d) - wording pertaining to aesthetics was altered to clarify the intent of the section; 2) Section 23-306.5.J (i) - The previous draft stated that antennas on alternative structures could not extend more than 20 feet above the structure. The proposed change keeps the 20 feet in RS, RM and MH zoning and allows up to 35 feet above the structure in other districts; 3) Section 23-306.5.J (k) - Co-location requirements are proposed to be changed from a total of 3 to simply co-locatable. Co-location will be required for any tower greater than 50 feet in height. The previous draft set the requirement at 75 feet. Additionally, use of the term "market value" has been eliminated; and 4) Section 23-306.5.J (n) - The change would require separation from residential zoning only and no longer requires separation from residential uses not in residential zoning district. The Planning & Zoning Commission recommends approval without the above-noted changes; staff recommends approval with the above-noted changes.
Mayor McCaleb stated, at the last Council meeting this was a public hearing and since the item was tabled, with Council agreement, he feels people should be given the opportunity for additional comments. Council voiced no objections. The following individuals spoke in response to the request:
. Earl James Streeter, stated if his home is adjacent to commercial property, and for example a liquor store is built on that commercial property he would be more agreeable to that than he would be to an outdoor movie screen being erected.
. Randy Barnett, Lytle Lake, addressed several concerns with the Ordinance; 1) Zoning falls short when it comes to towers because towers shadow the land. 2) Section 23-306.5.J (d) Wording pertaining to aesthetics was altered to clarify the intent of the section. Mr. Barnett feels this does not clarify the intent of the section but nullifies it. 3) The notification section doesn't alert residents outside the zoning area, and he suggested the applicant take out a notice of intent to build a tower and a map showing the location of the tower in the Abilene Reporter-News. 4) All new towers should be subject to a public hearing. Speaking for Larry Gill, Mr. Barnett said Mr. Gill suggests this is such a moving target issue, a moratorium should be placed on towers until Federal law is clarified. A trial time is needed for more discussion on the Ordinance and if it is enacted then it should not be considered permanent. A tower overlay should apply to all existing towers and all new towers should be required to be placed where towers are already located. If the industry needs could not be met in these areas, then the industry would have to apply for a tower overlay. There should be more discussion and research conducted on how other communities handle this issue.
City Attorney Sharon Hicks addressed Mr. Barnett's concerns. She stated she considers the tower ordinances temporary in and amongst themselves due to changes tower technology requires. What the Council enacts today will probably be back before the Council sooner than most ordinances. Legally, a moratorium is not a good idea - the Council would not want to hinder trade. Zoning overlay is exactly what this Ordinance accomplishes. Mrs. Hicks noted this issue is a balancing test - a test that does not impede industry nor affect residences. Mrs. Hicks referenced the Federal Communications Act stating the Act addresses the fact that barriers to entry cannot be erected and in any requirements concerning the publication of maps to inform of tower locations the courts would look at cost for publication.
Mr. Armstrong addressed the recommendation of the publication requirement, stating the Planning & Zoning Commission chose not to enact this. Mr. Armstrong further stated to place a map in the Abilene Reporter News large enough to be understood by the public would be costly to the City.
. Dennis Gloyna, Southwestern Bell, after introducing other Southwestern Bell employees, offered an apology for what occurred at the last Council meeting, stating it was not condoned by Southwestern Bell. Mr. Gloyna further stated that Southwestern Bell knows that providing the best technology is in the best interest of all. Mr. Gloyna referenced the Ordinance before the Council stating it is a workable, dynamic document and although areas of the Ordinance may be tested, these areas are unknown at this time. There is still concern with Federal legislation as it stands today, but Mr. Gloyna stated Southwestern Bell pledges to support the City in working through these issues.
Councilman Vasquez referenced the four pages of legal concerns received from Southwestern Bell at the last Council meeting, and asked Ms. Hicks to address them.
Ms. Hicks stated the majority of the concerns were addressed when the intent of the Ordinance was discussed with the appropriate representatives from Southwestern Bell.
Wilka Mayo, Southwestern Bell, and author of the letter Councilman Vasquez had referred to, apologized for the letter, stating no threat was intended by the letter and that a clear understanding had been reached when the dialogue took place between Southwestern Bell representatives and City staff.
Councilman Drennan moved to approve 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 staff. Councilman Brown seconded the motion and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilman Brown, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
The Ordinance is numbered 41-1998 and is captioned as follows:
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.
Mayor McCaleb stated it is understood the Antenna Towers Ordinance is a working document. The Planning & Zoning staff is still reviewing it and the Council finds themselves in the position where they sympathize with both the residents and industry. The Mayor asked staff to implement the Ordinance with the concerns expressed and to continue to monitor the situation.
Resolutions
4.3 Oral Resolution considering appeal by Curtis Harwell of Patty Baker & Co. of the Mechanical, Plumbing, & Electrical Board decision. Appeal was withdrawn at the request of the proponent; no Council action required.
4.4 Elizabeth Grindstaff, Downtown Manager, briefed the Council on an Oral Resolution adopting the Downtown Special Events permit policy and process. Ms. Grindstaff stated it has been one year since the process began, and noted the Council has before them a revised policy and application, which was distributed in the pre-council session. The purpose of the document is to outline the City's policy for permitting special events to ensure that all interested parties are reasonably accommodated. Mrs. Grindstaff stated Council will no longer see every application under this policy as they currently do under the street use license process and that all appeals will go to the City Manager. Staff recommends approval.
Council and staff discussed:
1) other cities application process.
2) the time frame for the application.
3) the appeal process.
4) concern over the barricade requirements including adequate protection, safety, the City's responsibilities, and cost to the city to provide and maintain the barricades.
5) the liability concerns
6) the use of the application fee
7) how restrictive the process is
8) a policy effective date of January 1, 1999
Mr. Norris Lineweaver, Veteran, asked if the Veteran's Day Parade would be affected by the policy and Mrs. Grindstaff replied yes, but that the organizer does know of the policy.
. Don Seamster, on behalf of his client United Bank & Trust, stated his client is concerned with certain special events, not parades. Mr. Seamster referenced the policy, stating it is not a good policy because it doesn't do what staff says it does. Mr. Seamster noted the following objections to the policy:
Mr. Seamster concluded by asking Council to table the item because more work is needed on the policy.
Councilwoman Alexander stated the City is trying to be fair to all and that a balance is needed between the downtown businesses and the festival needs, and commended Mrs. Grindstaff for trying to strike a balance between the two.
Citizens further addressing the downtown festival policy were as follows:
. Becky Joy stated any event already booked or planned by December 31 should not be affected by this policy and that barricades should not be the event sponsor's responsibility or duty to erect. Mrs. Joy stated the sponsor owning the barricades and their checking to see that they stay as the City erected them would be appropriate, but they should not have to erect the barricades.
. Jerry Love, representing Grace Museum, co-sponsor of Celebrate Abilene. Mr. Love disagreed with the 60-day timetable established in the policy and also stated he feels the Downtown Manager position has too much authority. Mr. Love also noted the two-block restriction for stages would result in no stages at all downtown due to the proximity of residential structures. Mr. Love requested the Council table this item for further discussion, suggesting more input from festival organizers, business owners be obtained and that a grandfather clause be added to the policy.
. "Doc" Bill Beasley, Director of the West Texas Fair parade, stated he personally objects to this policy. Mr. Beasley noted parades and festivals are two different things and that all the property owners in the area of a parade could not possibly be contacted. Council should table the item and in reconsidering it clearly distinguish between parades and festivals.
Mayor McCaleb stated his appreciation to Mr. Beasley for his leadership in the West Texas Fair parade. The Mayor further stated it does appear this issue needs more work and then noted 14 concerns that had been addressed as follows:
Mr. McDaniel stated this issue started as we realized downtown is becoming more popular with more and more events taking place. The current process is that Council approves Street Use Licenses for these events. Mr. McDaniel noted concerns over who is really responsible or has authority after the street use license is issued. The proposed policy addresses: 1) do we want downtown for these activities? The answer is yes; other questions to be answered are who should pay? The taxpayer or the event sponsor; and will the event sponsors be responsible for everything or will the City be involved?
Mayor McCaleb stated this is a good process, but it needs more consideration and does not need to be more complicated. Mayor McCaleb apologized to those for not getting the draft policy earlier and thanked the festival representatives and business owners for their input.
Councilman Drennan moved to table the item, stating commendation to staff. Councilwoman Martinez seconded the motion and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Martinez, Councilman Brown, Councilwoman Alexander, and Mayor McCaleb.
NAYS: None.
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.
No Council action was required.
Other Business
Mayor McCaleb recessed the Council into executive session pursuant to Sections 551.071 551.072 and 551.074 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigation, to consider the appointment and evaluation of public officers, and to consider land purchase.