City of Abilene

PRE-COUNCIL WORK SESSION, THURSDAY

March 11, 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 March 11, 1999, 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, Councilmen Rob Beckham and Versie 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.

Andy Anderson, Director of Community Development, briefed the Council on the potential and alternative projects from the 1999 Certificates of Obligation. Roy McDaniel, City Manager, briefed the Council on the proposed and alternate schedules for the General Obligation Bonds through the year 2001. Mr. McDaniel stated Council doesn’t have to be specific today, but a general consensus on the projects for the next three-year period will be needed. Councilman Vasquez questioned needed funding for repair of intersections at Mockingbird and Ambler and Willis and Ambler. James Condry, Assistant Director of Public Works, replied funding has been allocated for the intersection of Mockingbird and Ambler. The Council briefly discussed various consent and regular agenda items as follows: Item 3.8, Z-00999 – Remove Historic Overlay to underlying Central Business district property located at 618 Hickory has been appealed and will be on for first reading today and public hearing and final reading March 25. Mr. McDaniel noted that City Attorney Sharon Hicks will present item 4.2, Public Hearing on Ordinance approving franchise extension with Southwestern Bell Telephone for an additional three months due to the absence of Cindy Cullen, Technology Liaison, who is out on maternity leave. 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

March 11, 1999, 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 March 11, 1999, 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 Ashley Ham, fourth grader at Abilene Christian Schools; who was accompanied by her Principal, Roger Thomas and her mother, Jennifer Ham.

City Secretary Jo Moore assisted Mayor McCaleb in the presentation of the following Employee Service Awards:

30 Years, Edward Gilliam, Heavy Equip Opr I, Street Division

30 Years, Audrey Perry, Program Manager, Civic Center

30 Years, Melvin Martin, Police Chief, Police Department

25 Years, Kim Manuel, Maintenance Worker I, Water Utilities

20 Years, William J. Fariello, Treatment Plant Opr III, Water Utilities

Earnest Merritt, Special Assistant to the City Manager for Youth Services, assisted Mayor McCaleb in the presentation of the Employee of the Quarter Award to Suellen Wiggins, of the Health Department.

Mayor McCaleb presented proclamations as follows:

March 7-13 as Girl Scout Week, and

March as Youth Art Month.

DISPOSITION OF MINUTES

2.0 There being no corrections, additions, or deletions to the minutes of the Pre-Council Session and Regular City Council Meeting held February 25, 1999, Councilman Beckham moved to approve the minutes as printed. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

CONSENT AGENDA

3.0 Councilman Vasquez moved to approve consent agenda items 3.1 through 3.5, and approval of first reading agenda items 3.6 through 3.8, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.

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

NAYS: None.

Resolutions:

    1. Oral Resolution authorizing the City Manager to sign a purchase agreement with Dictaphone Corp. for dictation equipment in the Police Department.
    2. Oral Resolution authorizing the City Manager to execute an architectural/engineering contract with Tittle Luther Partnership for the new Rose Park Senior Citizens Center for a fixed fee of $216,000 for basic services plus reimbursable costs estimated at $5,000 - $7,000 and if needed $11,390 fixed for topographical survey, stormwater detention design, and geotechnical investigation.
    3. Oral Resolution authorizing the City Manager to execute a lease agreement with Casino Airlines at Abilene Regional Airport for the purpose of operating a scheduled airline.
    4. Resolution amending Resolutions 20-1985 and 35-1996 titled The Historic Survey as an Official Survey of Historic Sites.
    5. The Resolution is numbered 5-1999 and is captioned as follows:

      A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS AMENDING RESOLUTION #20-1985 AND RESOLUTION 35-1996 TITLED THE HISTORIC SURVEY AS AN OFFICIAL SURVEY OF HISTORIC SITES.

    6. Resolution authorizing the Mayor to execute a new water supply contract with the City of Merkel.

The Resolution is numbered 6-1999 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A NEW WATER SUPPLY CONTRACT BETWEEN THE CITY OF ABILENE, TEXAS, AND THE CITY OF MERKEL, TEXAS.

Ordinances:

3.6 Approval of first reading - Z-00799 – Rezone from LI (Light Industrial) to HC (Heavy Commercial) district property located at 4266 Oil Belt Lane, and set a public hearing for March 25, 1999 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 - Z-00899 – Rezone from AO (Agricultural Open Space) to GC (General Commercial) district property located at I-20 & F.M. 600, and set a public hearing for March 25, 1999 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.

3.8 APPEALED ITEM: Approval of first reading - Z-00999 – Remove H (Historic Overlay) to underlying CB (Central Business) district property located at 618 Hickory, and set a public hearing for March 25, 1999 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.

REGULAR AGENDA

Resolutions

4.1 Mike Hall, Director of Community Services, briefed the Council on a Resolution to consider request from American Golf Corp. to increase fees at Maxwell Municipal Golf Course. Mr. Hall introduced Dave Hand, Maxwell Golf Course General Manager, who reviewed the process involved in requesting a rate increase, past and future improvements, and reviewed the activities occurring since 1995.

Mayor McCaleb acknowledged a citizen requesting to speak, stating this is not a public hearing but with the agreement of Council citizen input would be allowed.

Jim Johnson stated he is familiar with all aspects of golf and is concerned with the lack of publicity on the proposed increase. Mr. Johnson stated he hopes in the future notification of proposed increases will be well advertised; then stated reasons that Maxwell will never be in his opinion a #1 golf course – it is constantly played in all weather and not upgraded. Mr. Johnson further stated since the current management took over 15 years ago, there has been over a 300% increase in rates. Mr. Johnson thanked the Mayor and Council for having listened to his concerns so attentively.

Dave Hand, General Manager, stated that a notice of the proposed increase was posted for 3-4 weeks by the register and a focus group partly made up of Senior Citizens did study the proposal. The last rate increase American Golf Corp received was in June of 1997.

Mike Hall replied two focus groups reviewed the proposal and signs were posted. Mr. Hall also noted the Parks Board met on the proposal, there was TV coverage, news articles, information distributed, and the opportunity for citizens to respond was made available.

Mayor McCaleb thanked Mr. Johnson for coming and stated the points he made are interesting, and do apply to other things as well as the rate increase. Mayor McCaleb further noted in the golf course rates comparison, Abilene is within range and in some areas is on the lower end of the level of ranges.

Councilman Drennan moved to approve by Resolution the request from American Golf Corp. to increase fees at Maxwell Municipal Golf Course. Councilman Vasquez seconded the motion and the motion carried.

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

NAYS: None.

The Resolution is numbered 7-1999 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPROVING A FEE SCHEDULE FOR MAXWELL MUNICIPAL GOLF COURSE, AND ESTABLISHING AN EFFECTIVE DATE.

Ordinances

4.2 Sharon Hicks, City Attorney, briefed the Council on an Ordinance approving a franchise extension with Southwestern Bell Telephone for an additional three months.

Mayor McCaleb opened a public hearing on the request, and there being no one present and desiring to be heard, the public hearing was closed.

Councilman Beckham moved to approve the Ordinance approving a franchise extension with Southwestern Bell Telephone for an additional three months, as recommended by staff. Councilman Brown seconded the motion and the motion carried.

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

NAYS: None.

The Ordinance is numbered 8-1999 and is captioned as follows:

AN ORDINANCE WHEREBY THE CITY OF ABILENE, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO THE EXTENSION OF ORDINANCE NOS. 34-1991 AND 55-1998, WHEREBY SOUTHWESTERN BELL WILL CONTINUE TO OPERATE ITS NON-EXCLUSIVE TELECOMMUNICATIONS BUSINESS WITHIN THE CITY OF ABILENE AS CONTAINED HEREIN; PROVIDING A TERM; AN EFFECTIVE DATE; AND CALLING A PUBLIC HEARING.

Other Business:

5.1 Jeff Armstrong, Development Services Administrator, briefed the Council on public meetings pertaining to the Zoning Ordinance rewrite, and distributed a calendar reflecting how the rewrite is expected to progress.

Mr. Armstrong outlined the issues raised as follows:

    1. A lot of interest in adding requirements to protect or enhance the visual environment of the community.
    2. Protect entryways that provide first impression of our city.
    3. Enforcement would be a consideration due to limited staff.
    4. Ordinance needs to be simpler – more flexible.

Mr. Armstrong stated there was significant discussion concerning: lack of sidewalks (great deal of concern stated – although sidewalks are not a zoning issue), signs – particularly portable signs (not desirable) – Abilene does have a sign Ordinance separate from Zoning Ordinance.

Mr. Armstrong stated staff will proceed as follows:

    1. Start drafting the new Ordinance.
    2. Set up a web page to apprise citizens of progress being made.
    3. One developer & one citizen encouraged staff to look at planned development of other cities.
    4. September 2000, hope to have Ordinance for Council consideration.

City Manager Roy McDaniel reiterated the aesthetic concerns that continue to be voiced.

Mayor McCaleb noted this is a good practice for staff to report to Council and citizens of action being taken and progress being made.

Councilman Beckham requested staff provide minutes of the public meetings for Council’s information.

Mr. Armstrong stated although minutes have not been taken, the meetings have been recorded and a summary of that information can be made available.

No Council action was required.

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, and to consider the appointment and evaluation of public officers.

The Council reconvened from executive session and reported no action taken.

Councilman Vasquez moved to reappoint John Combs, Lanny Hall, Scott Dueser, and Robert Shimp to the Abilene Higher Education Authority and Facilities Boards; with terms expiring May, 2001. Councilman Drennan seconded the motion and the motion carried.

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

NAYS: None.

There being no further business, the meeting was adjourned at 11:20 a.m.

_____________________________

Jo Moore, City Secretary

_____________________________

Gary D. McCaleb, Mayor


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