City of Abilene

PRE-COUNCIL WORK SESSION, THURSDAY

March 9, 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 March 9, 2000, at 8:30 a.m. in the Basement Conference Room of City Hall. Mayor Grady Barr was present and presiding with Councilmen A. Don Drennan, Rob Beckham, Versie L. Brown, Jr., and Councilwoman Kay Alexander. Also present were City Manager Roy L. McDaniel, Assistant City Manager Michael Morrison, City Attorney Sharon Hicks, City Secretary Jo Moore, and various members of the City staff. Councilman Paul R. Vasquez was absent.

City Manager Roy McDaniel asked Fire Chief Bob Putnam to give a brief overview of the status of the new Central Fire Station. Chief Putnam introduced Ken Hutchens, lead architect and Clint Rosenbaum, Project Engineer for Tippett & Gee, and then presented to the Council the plans and estimated time frame for construction. The Council briefly discussed various consent and regular agenda items as follows: Item 3.8, Oral Resolution approving Professional Engineering Services contract amendment No. 2 for Wastewater Reuse Project, was reviewed by project engineer David Todd, who stated the project is on schedule. City Manager Roy McDaniel recommended removing items 3.9, Z-00400 - Rezone from RM-3 (Residential Multi-Family) to O (Office) zoning district property located at 1430 S. 3rd Street which was denied by the Planning and Zoning Commission; 3.13, Z-01000 - Rezone from AO (Agricultural Open Space) to GC (General Commercial) zoning district property located at 7302 Buffalo Gap Road which was withdrawn by the proponent; and 3.14, Z-01100 - Rezone from RS-6 (Residential Single Family) to MH (Mobile Home) zoning district property located on the northeast corner of Hartford & Baker; and 3.15, Ordinance amending Zoning Ordinance Section 23-306.4, Permitted Uses, Services (other than office-type), to allow Electrical Appliance Repair, Small in O (Office) districts which were denied by the Planning & Zoning Commission. Mayor Barr stated due to some time constraints by those present, he will move item 4.6, Oral Resolution approving Special Event Public Property Use License policies and procedures, to the beginning of the Regular Agenda. 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 9, 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 March 9, 2000, at 9:00 a.m. in the City Council Chambers of City Hall.

Councilman Versie L. Brown, Jr. gave the invocation.

Pledge of Allegiance was led by Natasha Sedminik and Malcom Shelby, first graders at Dyess Elementary School. Natasha and Malcom were accompanied by their teacher, Mrs. Piland (City Secretary Jo Moore's daughter), and Assistant Principal Mrs. Rideout.

Mayor Barr and Keep Abilene Beautiful Chair Malcolm Bramlett presented the Keep Abilene Beautiful Business and Industry Quarterly Awards as follows: Recycling to Abilene Reporter-News, Landscaping to Western Marketing, Beautification to Ecommune, Litter Control to West Central Texas Council of Governments, and Special Award to Taylor County Coliseum.

Mayor Barr presented a proclamation for March 18 as White Cane Day.

Mayor Barr announced that Councilman Rob Beckham has been invited to attend the National Security Forum to be held at Maxwell Air Force Base in Alabama. Mayor Barr congratulated Councilman Beckham on having been chosen for the honor.

DISPOSITION OF MINUTES

2.0 There being no corrections, additions, or deletions to the minutes of the Pre-Council, Council, and Joint Council/Board of Adjustment, Board of Building Standards, and Planning and Zoning Commission Workshop held February 24, 2000, Councilman Brown moved to approve the minutes as printed. Councilman Drennan seconded the motion and the motion carried.

AYES: Councilmen Drennan, Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

CONSENT AGENDA

3.0 Councilman Drennan moved to approve consent agenda items 3.1 through 3.8, and approval of first reading agenda items 3.10 through 3.12, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried. Items 3.9, 3.14, and 3.15 were removed from the consent agenda due to denial by the Planning and Zoning Commission, and item 3.13 was withdrawn by the proponent.

AYES: Councilmen Drennan, Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

Resolutions:

    1. Oral Resolution adopting the 2000-2025 Abilene Metropolitan Transportation Plan.
    2. Resolution approving an amendment to the Thoroughfare Plan.
    3. The Resolution is numbered 7-2000 and is captioned as follows:

      A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS TO AMEND THE THOROUGHFARE PLAN.

    4. Resolution directing publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation, Series 2000.
    5. The Resolution is numbered 8-2000 and is captioned as follows:

      RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2000.

    6. Resolution appointing election officials for May 6, 2000 Joint City/AISD and Special City Election and June 3, 2000 City Runoff Election if necessary, and fixing rate of compensation.
    7. The Resolution is numbered 9-2000 and is captioned as follows:

      A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AND THE BOARD OF TRUSTEES, ABILENE INDEPENDENT SCHOOL DISTRICT, APPOINTING VARIOUS ELECTION OFFICIALS FOR THE MAY 6, 2000 JOINT CITY/SCHOOL ELECTION, SPECIAL CITY ELECTION, AND RUNOFF ELECTION, IF NECESSARY, AND FIXING THEIR RATE OF COMPENSATION.

    8. Oral Resolution approving contract for Election Services with Taylor County Elections Office for May 6, 2000 Joint City/AISD and Special City Election.
    9. Resolution approving West Central Texas Regional Housing Finance Corp. issuance of bonds.
    10. The Resolution is numbered 10-2000 and contains no caption.

    11. Oral Resolution approving renewal of the Abilene Bowhunters lease agreement at a rental rate of $300 per year.
    12. Oral Resolution approving Professional Engineering Services contract amendment No. 2 for Wastewater Reuse Project with Todd Engineering, inc. with the fee not to exceed an additional $49,450.

Ordinances:

3.9 First Reading - Z-00400 - Rezone from RM-3 (Residential Multi-Family) to O (Office) zoning district property located at 1430 S. 3rd Street, and set a public hearing for March 23, 2000 at 9:00 a.m. Removed from consent agenda due to denial by the Planning & Zoning Commission.

3.10 Approval of first reading - Z-00700 - Rezone from RM-3 (Residential Multi-Family) to LC (Limited Commercial) zoning district property located at the northwest corner of Grape and State Streets, and set a public hearing for March 23, 2000 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 - TC-00900 - Thoroughfare abandonment of a 20' x 140' east-west alley located between 2141 Walnut and 833/841 Ambler, and set a public hearing for March 23, 2000 at 9:00 a.m.

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.

3.12 Approval of first reading - Z-00800 - Rezone from RS-6 (Residential Single Family) to GC (General Commercial) zoning district property located at 2141 Walnut, and set a public hearing for March 23, 2000 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.

3.13 First Reading - Z-01000 - Rezone from AO (Agricultural Open Space) to GC (General Commercial) zoning district property located at 7302 Buffalo Gap Road, and set a public hearing for March 23, 2000 at 9:00 a.m. Withdrawn at the request of the proponent.

3.14 First Reading - Z-01100 - Rezone from RS-6 (Residential Single Family) to MH (Mobile Home) zoning district property located on the northeast corner of Hartford & Baker, and set a public hearing for March 23, 2000 at 9:00 a.m. Removed from consent agenda due to denial by the Planning & Zoning Commission.

3.15 First Reading - Ordinance amending Zoning Ordinance Section 23-306.4, Permitted Uses, Services (other than office-type), to allow Electrical Appliance Repair, Small in O (Office) districts, and set a public hearing for March 23, 2000 at 9:00 a.m. Removed from consent agenda due to denial by the Planning & Zoning Commission.

REGULAR AGENDA

Resolutions

    1. Mayor Barr stated Item 4.6, Oral Resolution approving Special Event Public Property Use License policies and procedures, would be moved to the first item on the Regular Agenda, due to the time constrictions of some individuals. Andy Anderson, Director of Community Development, briefed the Council on the item.
    1. Reasonable limit to number of days streets are closed.
    2. Longer and more complete notification of businesses.
    3. Assurance that proper clean up will occur.
    4. Close monitoring by City to ensure proper planning and implementation.
    5. An indication of whether this ordinance is hard fast rules or only guidelines that staff can modify as needed.
    6. How will staff determine the ability to financially perform as it has represented?
    7. A method to appeal a decision that is deemed unworkable.

Council discussion included the number of times downtown streets are closed in a year, proper notification of property owners in the area, outlining an appeal process and the benefit of having a definite set time for some of the downtown events.

Councilwoman Alexander moved to approve by Oral Resolution the Special Event Public Property Use License policies and procedures as recommended by staff, with the understanding that staff will continue to work with the people involved, and that the document will be reviewed and revised as needed. Councilman Drennan seconded the motion and the motion carried.

AYES: Councilmen Drennan, Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

Public Hearings

    1. Michelle Martinez, Community Development Administrator, briefed the Council on a Resolution approving an amendment to 1999/2000 Action Plan for use of CDBG funds. Staff recommends approval.

Mayor Barr opened a public hearing on the request, and the following individual spoke in favor:

There being no one else present and desiring to be heard, the public hearing was closed.

Councilwoman Alexander moved to approve the Resolution approving amendments to 1999/2000 Action Plan for use of CDBG funds, as recommended by staff. Councilman Brown seconded the motion and the motion carried.

AYES: Councilmen Drennan, Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

The Resolution is numbered 11-2000 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPROVING AN AMENDMENT TO THE FY 1999/2000 ONE-YEAR ACTION PLAN FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS.

4.2 Dwayne Hargesheimer, Director of Water Utilities, introduced Linda Simpson, Assistant Director of Water Utilities, who briefed the Council on an Ordinance approving amendments to the Drought Contingency Plan. Ms. Simpson stated staff recommends implementation to begin Sunday, March 19 at 12:01 a.m. with a biweekly alternating east/west watering schedule, starting on the east side. Ms. Simpson distributed a chart showing wholesale water use.

Mayor Barr opened a public hearing on the request, and the following individual spoke in response to the proposed Ordinance amendment:

There being no one else present and desiring to be heard, the public hearing was closed.

Discussion among Council and staff included: what staff is communicating to the four cities who purchase water from the City of Abilene concerning water conservation, the City's ability to stay in stage 2 of the Drought Contingency Plan as long as we stay below 30 million gallons per day, the restrictions this Ordinance imposes, and how the public will be notified if we exceed 30 million gallons for three days. Mr. Hargesheimer stated a letter will be sent to the entities who purchase water from Abilene asking them for a written response as to how they are informing their users of the Ordinance and how they will enforce the Ordinance.

Kathy Webster of the Citizens Review Committee encouraged Council to adopt the Ordinance, stating the Committee agrees with staff's recommendations. Council expressed their appreciation to the committee for their work.

Councilwoman Alexander made a motion to approve the second and final reading of the Drought Contingency Plan Ordinance amendment effective upon publication. Mayor Barr stated Stage 2 of the Plan will be implemented Sunday, March 12 with the biweekly watering to begin on the east side of Abilene. Councilman Brown seconded the motion and the motion carried.

AYES: Councilmen Drennan, Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

The Ordinance is numbered 7-2000 and is captioned as follows:

AN ORDINANCE AMENDING CHAPTER 32. UTILITIES, ARTICLE VI. DROUGHT CONTINGENCY PLAN, OF THE CITY OF ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND CALLING FOR A PUBLIC HEARING.

Resolutions

4.3 Mike Hall, Director of Community Services, briefed the Council on the Skate Park Project. Staff recommends that we move forward with the Skate Park Project and hire a firm to prepare plans and specifications and go out to bid. If the project comes in over the $140,000 available; staff recommends using monies from the Facility Improvement Fund.

Councilman Brown moved to approve by Oral Resolution the hiring of a firm to prepare plans and specifications and go out to bid for the Skate Park Project, as recommended by staff. Councilman Beckham seconded the motion and the motion carried.

AYES: Councilmen Drennan, Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

    1. Sharon Hicks, City Attorney, briefed the Council on a Resolution approving the request to create the Lytle Lake Water Control & Improvement District.
    2. Councilman Beckham moved to approve a Resolution request for the creation of the Lytle Lake Water Control & Improvement District, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.

      AYES: Councilmen Drennan, Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

      NAYS: None.

      The Resolution is numbered 12-2000 and is captioned as follows:

      A RESOLUTION OF THE CITY OF ABILENE APPROVING THE REQUEST TO CREATE THE LYTLE LAKE WATER CONTROL AND IMPROVEMENT DISTRICT.

    3. Michael Morrison, Assistant City Manager, briefed the Council on a Resolution authorizing West Central Texas Municipal Water District cities of Albany, Anson & Breckenridge to receive proceeds from the sale of water to West Texas Utilities.

Councilman Brown moved to approve the Resolution authorizing West Central Texas Municipal Water District cities of Albany, Anson & Breckenridge to receive proceeds from the sale of water to West Texas Utilities, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.

AYES: Councilmen Drennan, Beckham and Brown, Councilwoman Alexander, and Mayor Barr.

NAYS: None.

The Resolution is numbered 13-2000 and is captioned as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, AUTHORIZING THE WEST CENTRAL TEXAS MUNICIPAL WATER DISTRICT CITIES OF ALBANY, ANSON, AND BRECKENRIDGE, TO RECEIVE PROCEEDS FROM THE SALE OF WATER TO WEST TEXAS UTILITIES.

Other Business:

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.

There being no further business, the meeting was adjourned at 11:40 a.m.

Jo Moore, City Secretary

Grady Barr, Mayor


Back to City Council Minutes