PRE-COUNCIL WORK SESSION, THURSDAY
February 24, 2000, 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 February 24, 2000, at 8:30 a.m. in the Basement Conference Room of City Hall. Mayor Grady Barr was present and presiding with Councilmen Paul R. Vasquez, A. Don Drennan, Rob Beckham and Versie L. Brown, 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.
The Council briefly discussed various consent and regular agenda items. Councilman Vasquez stated he would abstain on Item 3.5, Forrest Hill road paving, Bid #CB-0024 due to his employment with Hendrick Medical Center. David Wright, Director of Finance, reviewed the Capital Improvement Program and projects for the Certificates of Obligation sale. Mr. Wright noted if the projects are approved, April 27, 2000 will be set as the sale date. Roy McDaniel, City Manager, stated the first Council action in this process will take place on March 9, when a Resolution will be before the Council directing the publication of Notice of Intention to Issue Certificates of Obligation, Series 2000. Andy Anderson, Director of Community Development, outlined the proposed schedule on various projects. Councilman Vasquez discussed the need for repairs to Ambler Street with staff, stating he wants to move plans for the Ambler improvements up if possible. Mr. Wright informed Council that the total Ambler project was originally set for 2001, but now 2001 will be the first phase, and the second phase will occur in 2002. Councilman Vasquez stated he has an issue with Ambler Street not being repaired because it is a west-to-east connection, and also connects to the University and generates heavy traffic to the interstate. Mr. Vasquez further stated the Ambler construction was originally in the 2000 budget and needs to be addressed. Mayor Barr asked Mr. Anderson to stay focused on the Ambler Street project and see that it gets completed in a reasonable and prudent manner. There being no further discussion, the meeting was recessed until 9:00 a.m. for the regular Council Meeting.
REGULAR CITY COUNCIL MEETING
February 24, 2000, 9:00 A.M.
CITY COUNCIL OF THE CITY OF ABILENE, TEXAS
CITY COUNCIL CHAMBERS OF CITY HALL
Mayor Barr reconvened the City Council of the City of Abilene, Texas, into Regular Session February 24, 2000, at 9:00 a.m. in the Council Chambers of City Hall.
Councilman Rob Beckham gave the invocation.
Pledge of Allegiance was led by Albert Cisneros, fifth grader at Crockett Elementary. Albert?s school principal, Mr. Stovall, was also in attendance.
Mayor Barr presented a proclamation for March 6-10 as Public School Week.
DISPOSITION OF MINUTES
There being no corrections, additions, or deletions to the minutes of the February 10, 2000 Pre-Council, Council, and Financial Worksession minutes, Councilman Vasquez moved to approve the minutes as printed. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
CONSENT AGENDA
Councilman Drennan moved to approve consent agenda items 3.1 through 3.6, as recommended by the staff. Councilman Brown seconded the motion and the motion carried.
AYES: Councilmen Vasquez (abstaining on Item 3.5 only), Drennan, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
ABSTAIN: Councilman Vasquez on Item 3.5 only, due to his employment with Hendrick Medical Center.
Resolutions
Appoint: Craig McCarty, term expiring 11/2002.
Reappoint: Don Harrison, Candice Chandler Jordan, and Scott Smith, terms expiring 11/2002.
The Resolution is numbered 4-2000 and is captioned as follows:
A RESOLUTION PROVIDING FOR WAIVER OF APPLICATION FOR GRANT FUNDS FROM THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR OF THE STATE OF TEXAS.
The Resolution is numbered 5-2000 and is captioned as follows:
A RESOLUTION PROVIDING FOR APPROVAL OF APPLICATION FOR GRANT FUNDS FROM THE STATE OF TEXAS FOR A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM.
The Resolution is numbered 6-2000 and is captioned as follows:
RESOLUTION OF THE CITY OF ABILENE, TEXAS, REGARDING THE ABILENE HIGHER EDUCAITON AUTHORITY AND ITS CHANGE OF STATUS UNDER SECTION 53.47(e) OF THE TEXAS EDUCATION CODE.
Bid Awards
REGULAR AGENDA
Public Appearance
4.1 Report on Skateboard activities. Dr. Jimmy McNeil, coordinator for the skateboard park citizens group, briefed the Council on the group?s fundraising activities during the past year. Dr. McNeil noted the difficulty in organizing the group with no central location to operate from, and with parental support not being as strong as for other youth activities. Dr. McNeil further noted approximately $28,000 had been raised toward the group?s $40,000 portion of the total $150,000 projected cost, and that he hoped within a few weeks additional funding would place the groups portion at over $30,000.
City Manager Roy McDaniel stated he had received complaints concerning the damage being caused by the skateboarders who have recently returned to downtown. Dr. McNeil stated the skateboarders would be asked to stay off of certain areas in the downtown area.
Council and staff discussion included: the basic minimum needs of the project, the possibility of doing the project in stages and/or adding to the project, corporate involvement, and project construction time. Further discussion included noting the Parks Board?s support of the project, their possible further review or additional recommendations and that funding decisions need to remain with the council. Appreciation was expressed to Dr. McNeil for his dedication to the project and support of the young people involved was noted.
Increasing the City?s portion of the project from $110,000 to $120,000 was discussed and staff was directed to bring back a funding recommendation at the next council meeting.
Ordinances
4.2 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - SNC-00200 - Street name change from Vapor Trail to Veterans Drive. The Planning and Zoning Commission and staff recommend approval.
Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:
There being no one else present and desiring to be heard; the public hearing was closed.
Councilwoman Alexander moved to approve the Ordinance for Street name change from Vapor Trail to Veterans Drive, as recommended by staff. Councilman Brown seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 3-2000 and is captioned as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, FOR A STREET NAME CHANGE OF VAPOR TRAIL TO VETERANS DRIVE, AS DESCRIBED BELOW AND CALLING A PUBLIC HEARING.
Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:
There being no one else present and desiring to be heard; the public hearing was closed.
Councilman Vasquez moved to approve the Ordinance for Thoroughfare abandonment of a 20.75? north-south alley located in the 3000 block of South 10th Street, as recommended by the Planning & Zoning Commission, Plat Review Committee, and staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 4-2000 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.
4.4 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-00500 - Rezone from AO & HC (Agricultural Open Space & Heavy Commercial) to GC (General Commercial) zoning district located at 401 Loop 322. The Planning and Zoning Commission and staff recommend approval.
Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:
There being no one else present and desiring to be heard, the public hearing was closed.
Councilman Brown moved to approve the Ordinance Rezone from AO & HC (Agricultural Open Space & Heavy Commercial) to GC (General Commercial) zoning district located at 401 Loop 322, as recommended by staff. Councilman Vasquez seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 5-2000 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, Assistant Director of Community Development, briefed the Council on an Ordinance - Z-00600 - Rezone from RM-1, RS-6, LC, and O (Residential Multi-Family, Residential Single Family, Limited Commercial, and Office) to RM-2 (Residential Multi-Family) zoning district located on Rebecca Lane between Southwest Drive and Hwy. 277. The Planning and Zoning Commission and staff recommend approval of RS-6 and RM-1 portions only. Mr. Armstrong stated the change and reduction in the area to be rezoned was made with agreement from the applicant and that the proposed rezoning is in compliance with the Southwest Area Land Use Plan of 1993.
Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:
Councilman Vasquez moved to approve the Ordinance to rezone from RM-1 and RS-6 (Residential Multi-Family and Residential Single Family) to RM-2 (Residential Multi-Family) zoning district located on Rebecca Lane between Southwest Drive and Hwy. 277, as recommended by Planning & Zoning Commission and staff. Councilman Beckham seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 6-2000 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 Report from Citizens Review Committee on Drought Contingency Plan; discussion/action on First Reading of amendment to Drought Contingency Plan Ordinance, possible action on setting public hearing for March 9, 2000 at 9:00 a.m. for second and final reading.
Dwayne Hargesheimer, Director of Water Utilities, introduced Linda Simpson, Assistant Director of Water Utilities. Ms. Simpson thanked the Citizens? Review Committee for their work on the Drought and Emergency Contingency Ordinance. Ms. Simpson stated Mayor Barr had asked the Committee to review the ordinance, given the supply limitation of 30 MGD which can be brought from Lake Hubbard, to see if there is a way the community can continue to use sprinklers as the city moves into more stringent phases of the ordinance.
Ms. Simpson then introduced Kathy Webster, chair of the Citizens Review Committee. Following a review of the history of the drought in Abilene and the current water situation, Ms. Webster stated the Committee?s goal is to discourage water waste. Ms. Webster reviewed the proposed revisions to the ordinance which included allowing residents to sprinkle their lawns once every two weeks, changes to the minimum criteria in the activation of different drought contingency stages, expanding the ordinance to include an additional stage where the city would enter phase 3 if more than 30 million gallons of water were used for two straight days or if Ft. Phantom dropped to 20 feet below the spillway. Ms. Webster further stated the only recommended change to the water/sewer rates which will go into effect 3-1-00 is to eliminate the commercial charge of over 15,000 gallons: $2.11 per 1,000.
The Council discussed the following: concerns over the long term water supply, anticipating the contingency plan to be effective through the rest of this year, reviewing the ordinance again next year if the drought continues, changing the number of days in the recommended additional stage (stage 3) from two straight days to three straight days in order to give the public ample notification, areas in which the plan will affect golf courses, clarifying under the "Application" section of the ordinance that the water use restrictions do not apply to water wells, and sending a clear message to the public that water usage will be monitored and more restrictive stages will be implemented if necessary.
Mayor Barr emphasized to staff the need to communicate to the entities and municipalities that purchase water from Abilene the necessity for them to have in place and to enforce the same restrictions as Abilene?s. Mayor Barr directed staff to prepare, for the March 9, 2000 council meeting, a report concerning enforcing restrictions on these entities and municipalities. Council requested charts be provided showing the water use in the outside areas.
Council stated appreciation to Ms. Webster and the Citizens Review Committee and commended them on their leadership.
Councilman Drennan made a motion to approve the report from the Citizens Review Committee on the Drought Contingency Plan including eliminating the commercial water/sewer rate of over 15,000 gallons at $2.11 per 1,000 effective 3-1-00, approve the first reading of the amendment to the Drought Contingency Plan Ordinance to include changing the number of days in the additional stage (stage 3) from two straight days to three straight days and set a public hearing for March 9, 2000 at 9:00 a.m. for second and final reading. Councilman Beckham seconded the motion and the motion carried.
Mayor Barr recessed the Council into executive session pursuant to Sections 551.071, 551.074, and 551.072 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 for deliberation regarding real property.
The Council reconvened from executive session and reported no action taken.
Other Business:
5.1 Councilman Vasquez moved to approve Mayor Barr?s reappointments of Jo Moore and Roy McDaniel as the cities? representatives to the 9-1-1 Emergency Communications District Board of Managers, terms expiring 2/2002. Councilman Drennan seconded the motion and the motion carried.
AYES: Councilmen Vasquez, Drennan, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
There being no further business, the meeting was recessed to the Joint Workshop of the Abilene City Council, Planning & Zoning Commission, Board of Adjustment, and Board of Building Standards in the Auditorium at the Abilene Public Library, 202 Cedar.
Council reconvened in the Auditorium at the Abilene Public Library for the Joint Workshop of the City Council, Planning and Zoning Commission, Board of Adjustment, and Board of Building Standards, for discussion and possible action concerning critical issues with regard to land development and building construction in Abilene.
Board members and others present:
Planning & Zoning Commission: Jack Harkins, J. V. Johnson, Jeff Luther, Tim Rice McClarty, Floyd Miller, Neomia Banks
Board of Adjustment: Tom Niblo, Gilbert Rodriguez, Wayne Bradshaw, Dave Haigler, Eddie Boykin, Wes Ratliff
Board of Building Standards: Tommie Harendt, Terry Williams, Bruce Bixby, Don Faulkner, Kirby Leeson, Dan Nasser, Tino Martinez, Paige Gollihar, Betty Blazier-Bradley
Staff: Cassie Hughes, Ed Williams, Kathy Merrill, James Condry, Roy McDaniel, Sharon Hicks, Jeff Armstrong, Andy Anderson, Jo Moore, Dan Santee, Gary Scott, Margaret Turner, Michael Morrison, Shawn Lewis, Sarah Hannah, and Debbie Hurley.
Others: Samuel Segrist, Abilene Reporter-News and Norm Archibald, citizen - Hendrick Medical Center.
Mayor Barr thanked everyone for attending the workshop, and for their service on their respective boards.
City Manager Roy McDaniel stated the purpose for the workshop today is to open the lines of communication, but that decisions are not expected today. Mr. McDaniel further stated within the next 60 days after the boards have reviewed the input from today?s workshop, solutions and/or decisions should be reached.
Sharon Hicks, City Attorney, gave an overview of the laws the Council and boards function under, which included the City Charter, sections of the City Code, the Zoning Ordinance, and State and Federal laws.
Mayor Barr introduced facilitators Angie Brenton, Dean of ACU Graduate School, and Denise Hamilton, Manager of Training & Employee Development for the City of Abilene.
Dr. Brenton briefed participants on the workshop?s objectives, which included discussing the impact of board decisions; examining the appeal process; exploring the interrelationship of City Council, Development boards, City of Abilene staff, Abilene development community, and citizens; identifying and discussing critical issues relative to each board, and a process to address the critical issues. Dr. Brenton stated in two months this group can reconvene to make recommendations concerning the critical issues identified today. The following are critical issues identified under the Planning and Zoning Commission:
Planning and Zoning
Critical Issues
Action Items for Consideration
Council took a 10-minute break at 1:05 p.m. Upon Council?s reconvening, Denise Hamilton reviewed the Board of Adjustment critical issues as follows:
Board of Adjustment
Critical Issues
Action Items for Consideration
Dr. Brenton then reviewed the Board of Building Standards critical issues as follows:
Board of Building Standards
Critical Issues
Action Items for Consideration
Issues for all Boards
City Council
Dr. Brenton concluded, stating the summary of action items will be given to the board they apply to, and in 60 days all participants would regroup and submitted recommendations would be reviewed.
There being no further business, the meeting was adjourned at 2:05 p.m.
Jo Moore, City Secretary
Grady Barr, Mayor