PRE-COUNCIL WORK SESSION, THURSDAY
January 28, 1999, 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 January 28, 1999, at 8:30 A.M. in the Basement Conference Room of City Hall. Mayor Pro Tempore Carol Martinez was present and presiding with Councilmen Paul R. Vasquez, A. Don Drennan, Rob Beckham, and Councilwoman Kay Alexander. Also present were 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 Councilman Versie L. Brown, Jr. were absent.
Assistant City Manager Mike Morrison stated that due to the Mayor and Councilman Brown’s absences, Item 4.1, Z-03998 – Add MX (Mixed Use Overlay) to underlying RM-3 (Residential Multi-Family) district located in the 3500 block of S. 14th Street, would be removed from the Agenda as it requires a super majority vote of the Council. Councilman Drennan inquired about the status of the Downtown Street Use License policy; staff stated it is on hold for now and they are handling problem issues on an event-by-event basis. Councilman Beckham noted that he received a letter on the postponement of Item 4.1 and stated the letters should be more detailed in their explanation rather than utilizing form letters when an item has been postponed more than once. The Council briefly discussed various other consent and regular agenda items, and there being no further discussion, the meeting was recessed until 9:00 a.m. for the regular Council Meeting.
REGULAR CITY COUNCIL MEETING
January 28, 1999, 9:00 A.M.
CITY COUNCIL OF THE CITY OF ABILENE, TEXAS
CITY COUNCIL CHAMBERS OF CITY HALL
Mayor Pro Tempore Martinez reconvened the City Council of the City of Abilene, Texas, into Regular Session January 28, 1999, at 9:00 a.m. in the Council Chambers of City Hall.
Councilwoman Kay Alexander gave the invocation.
Lauren Schoonover, a fifth-grader at Austin Elementary School, led the Pledge of Allegiance. Lauren’s mother, Holly Schoonover, was also present.
Mayor Pro Tempore Martinez presented a proclamation for February 7-13, 1999 as National Burn Awareness Week.
DISPOSITION OF MINUTES
There being no corrections, additions, or deletions to the January 14, 1999 Pre-Council and Council Minutes, Councilman Vasquez moved to approve the minutes as printed. Councilman Beckham seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Beckham, Councilwoman Alexander, and Mayor Pro Tempore Martinez.
NAYS: None.
CONSENT AGENDA
Councilwoman Alexander moved to approve consent agenda items 3.1 through 3.8, as recommended by the staff. Councilman Vasquez seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Beckham, Councilwoman Alexander, and Mayor Pro Tempore Martinez.
NAYS: None.
Resolutions
3.1 Resolution approving revised bond documents relating to Abilene Health Facilities Development Corporation (Sears Methodist Retirement System, Inc. project).
The Resolution is numbered 1-1999 and is captioned as follows:
RESOLUTION APPROVING A BOND RESOLUTION BY ABILENE HEALTH FACILITIES DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF BONDS FOR SEARS METHODIST RETIREMENT SYSTEM, INC.
3.2 Oral Resolution approving the submission of a technical assistance grant to the Texas State Library System, and authorizing the City Manager to execute the grant contract if the application is accepted.
3.3 Oral Resolution approving a street use license with Summit Sports for a 3-on-3 basketball tournament March 26-28, 1999, and authorizing the Mayor to execute the street use license agreement.
3.4 Oral Resolution approving a street use license for Bookstore Manager Software for the purpose of installing overhead communication lines across N. 2nd Street right-of-way, and authorizing the Mayor to execute the street use license agreement.
Bid Awards
Two (2) sedans for Police Youth Division, Bid #CB-9034. The bid was awarded to Arrow Ford, the low responsible bidder in the amount of $30,746.00 as recommended by staff.
3.6 G. V. Daniels Gymnasium/Recreation Center at Carver Park, Bid #CB9035. The bid was awarded to Jeff Luther Construction, the low responsible bidder in the amount of $454,000 as recommended by staff.
3.7 Construction of 16" water line and installation of water plant clearwell pipelines, Bid #CB-9031. The bid was awarded to Starks Construction Company for the 16-inch water line in the amount of $221,460.50 and for the 42-inch water pipeline in the amount of $83,700.00 as the most advantageous for the City, as recommended by staff.
3.8 Chiller maintenance agreement, Bid #CB-9036. The bid was awarded to Carey Services, the low responsible bidder in the amount of $46,200 for the three-year period, as recommended by staff.
REGULAR AGENDA
Ordinances
4.1 Assistant City Manager Mike Morrison announced that Z-03998 – Add MX (Mixed Use Overlay) to underlying RM-3 (Residential Multi-Family) district located in the 3500 block of S. 14th Street will be removed from the Agenda to be considered at a later date as discussed in the Pre-Council session.
Public Appearance
4.2 Dwayne Hargesheimer, Director of Water Utilities, and Linda Simpson, Assistant to the Director of Water Utilities, presented an update on our present water supply and demand and projections for the next year. The City is doing well now, although voluntary conservation is recommended. If there is no rain by summer, conservation measures will take place.
No Council action was required.
Resolutions
4.3 Melvin Martin, Police Chief, briefed the Council on an Oral Resolution to increase various police salaries effective October 1, 1999.
Councilman Drennan moved to approve by Oral Resolution to increase various police salaries effective October 1, 1999, as recommended by staff. Councilman Vasquez seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Beckham, Councilwoman Alexander, and Mayor Pro Tempore Martinez.
NAYS: None.
Ordinances
Councilman Vasquez moved to remove from the table Z-04498, Rezone from O (Office) to GC (General Commercial) district located in the 1600 block of Sherman Drive. Councilman Drennan seconded the motion and the motion carried.
AYES: Councilmen Vasquez and Drennan, Councilwoman Alexander, and Mayor Pro Tempore Martinez.
NAYS: None.
ABSTAIN: Councilman Beckham.
Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading - Z-04498 – Rezone from O (Office) to GC (General Commercial) district located in the 1600 block of Sherman Drive. The Planning and Zoning Commission recommends approval; staff recommends denial.
Mayor Pro Tempore Martinez opened a public hearing on the item and the following individuals spoke in favor of the request:
. Burl Harris, proponent.
. Kyle Tatum and Jeannie Stark, St. John’s School representatives, are in favor of the request, stating they are working with Mr. Harris to improve the traffic problems.
Councilman Drennan moved to approve the Ordinance to rezone from Office to General Commercial district located in the 1600 block of Sherman Drive, as recommended by the Planning & Zoning Commission. Councilman Vasquez seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Councilwoman Alexander, and Mayor Pro Tempore Martinez.
NAYS: None.
ABSTAIN: Councilman Beckham.
The Ordinance is numbered 1-1999 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.
4.5 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading - Z-05698 – Rezone from HC (Heavy Commercial) to CU (College-University) district located at 2510 Pine Street. The Planning and Zoning Commission and staff recommend approval.
Mayor Pro Tempore Martinez opened a public hearing on the item, and there being no one present and desiring to be heard, the public hearing was closed.
Councilman Vasquez moved to approve the Ordinance to rezone from Heavy Commercial to College-University district located at 2510 Pine Street, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Beckham, Councilwoman Alexander, and Mayor Pro Tempore Martinez.
NAYS: None.
The Ordinance is numbered 2-1999 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.
4.6 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading - Z-00199 – Rezone from RM-3 (Residential Multi-Family) to AO (Agricultural Open Space) district located in the 2400 block of Vogel Avenue. The Planning and Zoning Commission and staff recommend approval.
Mayor Pro Tempore Martinez 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 Residential Multi-Family to Agricultural Open Space district located in the 2400 block of Vogel Avenue, as recommended by staff. Councilman Vasquez seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Beckham, Councilwoman Alexander, and Mayor Pro Tempore Martinez.
NAYS: None.
The Ordinance is numbered 3-1999 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.
4.7 Jeff Armstrong, Development Services Administrator, briefed the Council on an Ordinance considered on second and final reading - TC-00299 – Thoroughfare abandonment of the north 10’ of Jolly Rogers Road. The Planning and Zoning Commission and staff recommend approval subject to retaining utility and drainage easements.
Mayor Pro Tempore Martinez opened a public hearing on the item, and the following individual spoke in favor of the request:
. Peggy Ballard, proponent.
There being no one else present and desiring to be heard, the public hearing was closed.
Councilwoman Alexander moved to approve the Ordinance for thoroughfare abandonment of the north 10’ of Jolly Rogers Road subject to retaining utility and drainage easements, as recommended by staff. Councilman Vasquez seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Beckham, Councilwoman Alexander, and Mayor Pro Tempore Martinez.
NAYS: None.
The Ordinance is numbered 4-1999 and is captioned as follows:
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.
4.8 Mike Hall, Director of Community Services, briefed the Council on an Ordinance considered on second and final reading to amend Chapter 11 "Food and Food Handlers" of the Abilene Municipal Code adopting by reference the Texas Food Establishment Rules 229161 et al and the Federal Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food, Code of Federal Regulations (CFR), Chapter 21, Part 110, and all amendments thereto. Mr. Hall then introduced Jane Nichols, Environmental Health Officer, who gave a presentation on the history and specifics of the Ordinance. Staff recommends approval.
Mayor Pro Tempore Martinez opened a public hearing on the item, and the following individual spoke in favor of the request:
. Brian Green, Cypress Street Station, 158 Cypress, commended Ms. Nichols for her work and fully supports the Ordinance.
There being no one else present and desiring to be heard; the public hearing was closed.
Councilwoman Alexander commended Ms. Nichols for her dedication and thoroughness in this and other projects in which she has been involved.
Councilman Vasquez moved to approve the Ordinance to amend Chapter 11 "Food and Food Handlers" of the Abilene Municipal Code adopting by reference the Texas Food Establishment Rules 229161 et al and the Federal Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food, Code of Federal Regulations (CFR), Chapter 21, Part 110, and all amendments thereto, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Beckham, Councilwoman Alexander, and Mayor Pro Tempore Martinez.
NAYS: None.
The Ordinance is numbered 5-1999 and is captioned as follows:
AN ORDINANCE AMENDING CHAPTER 11, "FOOD AND FOOD HANDLERS" OF THE ABILENE MUNICIPAL CODE BY: DELETING THE CURRENT CHAPTER 11, "FOOD AND FOOD HANDLERS" AND ADOPTING A NEW CHAPTER 11, ARTICLES I, II, AND III AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; ADOPTING BY REFERENCE THE TEXAS FOD ESTABLISHMENT RULES 229161 et al AND THE FEDERAL CURRENT GOOD MANUFACTURING PRACTICE IN MANUFACTURING, PACKING, OR HOLDING HUMAN FOOD, CODE OF FEDERAL REGULATIONS (CFR), CHAPTER 21, PART 110, AND ALL AMENDMENTS THERETO; AND CALLING A PUBLIC HEARING.
5.0 Other Business
Mayor Pro Tempore Martinez recessed the Council into executive ses
sion 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 litiga
tion 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 11:05 a.m.
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Debbie Hurley, Acting City Secretary
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Carol Martinez, Mayor Pro Tempore