PRE-COUNCIL WORK SESSION, THURSDAY
NOVEMBER 30, 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 November 30, 2000, at 8:30 a.m. in the Basement Conference Room of City Hall. Mayor Grady Barr was present and presiding with Councilmen Norm Archibald, Victor G. Carrillo, 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 Kris Southward was absent.
City Manager Roy McDaniel introduced Walter Graham, Senior Citizens Supervisor, who briefed the Council on the various functions of the Senior Citizens Division. Following Mr. Graham's presentation, Mr. McDaniel briefed the Council on various consent and regular agenda items. Mr. McDaniel then introduced Odis Dolton, the new Assistant Director of Human Resource Services. 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
NOVEMBER 30, 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 November 30, 2000, at 9:00 a.m. in the City Council Chambers of City Hall.
Councilwoman Kay Alexander gave the invocation.
La Tisha Quesada and Merrilee Bradford, Kindergartners at College Heights Elementary, led the pledge of Allegiance. La Tisha and Merrilee were accompanied by their school Principal, Mr. Torres.
DISPOSITION OF MINUTES
Councilman Carrillo moved to approve the minutes of the November 9, 2000 Pre-Council and Council Meeting and November 10, 2000 Special Council Meeting as printed. Councilman Brown seconded the motion and the motion carried.
AYES: Councilmen Archibald, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
CONSENT AGENDA
Councilwoman Alexander moved to approve consent agenda items 3.1 and 3.2, and first reading of item 3.3. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Resolutions
The Resolution is numbered 33-2000 and is captioned as follows:
A RESOLUTION OF THE CITY OF ABILENE, TEXAS, REVISING RESOLUTION NO. 21-2000, THE SCHEDULE OF RATES AND CHARGES FOR THE REFUSE COLLECTION DIVISION, ADOPTED JULY 18, 2000.
Bid Awards
Ordinances
AN ORDINANCE REPEALING THE 1964 ORDINANCE NO. 127 OF THE CITY OF ABILENE; AUTHORIZING AND DIRECTING THE FLUORIDATION OF ALL WATER SUPPLIES OF THE CITY OF ABILENE; AND PROVIDING A SEVERABILITY CLAUSE.
REGULAR AGENDA
Resolutions
4.1 City Secretary Jo Moore briefed the Council on an Oral Resolution approving the Certification of the petition filed Nov. 9, 2000 for a Charter Amendment Election to establish a minimum monthly base wage and future wage increases for Abilene Police Officers.
Councilman Archibald made a motion to approve by Oral Resolution the Certification of the petition filed Nov. 9, 2000 for a Charter Amendment Election to establish a minimum monthly base wage and future wage increases for Abilene Police Officers. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Mayor Barr asked City Attorney Sharon Hicks to brief Council concerning uniform election dates and the need for Council's direction to staff on election procedures. Ms. Hicks stated before she makes her prepared comments regarding possible election dates and answering questions Council may have, Sgt. Chris Nafe of the Abilene Police Officers Association has requested that he be allowed to address Council first. Ms. Hicks further stated with the Mayor's and Council's approval we'll proceed in that direction. Council voiced no objections.
Mayor Barr recognized Sgt. Chris Nafe, 3841 Georgetown Dr., Abilene, Texas who acknowledged that he is speaking on behalf of the Abilene Police Officers Association. Mayor Barr stated that although this is not a public hearing, Sgt. Nafe is being granted the opportunity to speak and is asked to keep his comments specific to the item before council.
Sgt. Nafe thanked the Council for the opportunity to speak, and reiterated that he is speaking on behalf of the Abilene Police Officers Association and also reflecting some of the views received from the 6557 individuals who signed the petition which was put forward.
Sgt. Nafe stated it is the association's impression that under the law the Council has the full authority to read the petition for its first official reading on today's date and call the nearest authorized election by law being January 20, 2001.
Sgt. Nafe further stated the association has abided by all the rules and laws set forth to have the election in January. They feel that it is the City Council's option and it is the association's official request that the Council do what the law authorizes them to do, which is to order the election for January 20, 2001 and not put it off until the May election.
Mayor Barr thanked Sgt. Nafe and opened the item for council discussion.
Councilman Beckham noted the obvious reason for the request to have the election in January is to get the pay increase in effect so officers can get the pay sooner, but Councilman Beckham stated this is not about a pay increase but is a request for a charter election. Councilman Beckham further noted the seriousness of a charter election and the importance of not rushing into an election to amend the charter, which is the constitution for the City of Abilene. Councilman Beckham questioned Sgt. Nafe as to the purpose of the association requesting a charter amendment election versus a pay referendum election.
Sgt. Nafe answered that there were some issues the association wanted to address, to have written, that could not be taken away from them in the future which a pay referendum would have made possible. Sgt. Nafe stated they have been told that the possibility is always there for them to lose existing benefits. A pay referendum only addresses pay, no benefits, no other items, only pay.
Councilman Beckham stated he understands the association's concerns, but asked Sgt. Nafe if he would agree that something as complicated and sophisticated as a charter amendment election needs more time than one month.
Sgt. Nafe replied that the petition has been certified, the association followed the letter of the law, the Texas Legislators have written this in law to allow them to do this and this is the option they have agreed upon and that this is what they want to do. Sgt. Nafe stated he doesn't believe the date for the election is debatable and that the association is asking Council to do as the law allows and order the election for January.
City Attorney Sharon Hicks then briefed the Council on the history and general information concerning the City of Abilene Charter, noting that it has been amended only three times since its adoption in 1962. Ms. Hicks then reviewed the specific considerations to the Charter Amendment Election as submitted by the Police Association. Ms. Hicks further briefed the Council on the normal procedures and time frames involved in a charter amendment election, noting that in following these procedures the next authorized election date for a charter amendment election would be the May 5, 2001 election. Ms. Hicks outlined the risk involved in expediting measures that would need to be taken for a January election, and also noted that expedited pre-clearance by the Justice Department would be needed, which is at their sole discretion and that they do not have to grant it. Ms. Hicks also reviewed the cost of a January election at approximately $20,000 to $25,000 versus holding the election in conjunction with the May election at no additional cost. Ms. Hicks concluded by stating in considering a May election, time would be provided for the City Manager to look at alternatives, as presented, and recommend to the City Council and to the police officers association any changes or compromise that they would so choose.
Following Ms. Hicks briefing, Council's concerns and questions included: noting concerns in deviating from standard procedures, questioned if the police association was required to obtain signatures on the petition on the Nov. 7th election day, if during any prior charter election the process was expedited and if the 60 day pre-clearance or two readings of the Ordinance was not adhered to, if it were confirmed that pre-clearance is required, and is it prudent to hold a January election versus the practical reasons for holding a May election. Reasons for the preferred May election date were listed as follows: the City would be 1) following the normal election procedures including two readings of the Ordinance and allowing the 60 days for pre-clearance by the Dept. of Justice. The May general election is already set and a joint election would avoid an additional $25,000 cost; and 2) the Charter governs how the city is run and if a charter amendment is to be held, then consideration should be given regarding other changes that may need to be made to the Charter. If approved, no additional charter amendments can be made for two years.
Councilman Carrillo made a motion to direct staff to prepare for a May 5, 2001 charter amendment election in conjunction with the city's general election. Councilman Beckham seconded the motion.
Mayor Barr recognized Stan Standridge, police officer, 3549 Curry Lane, who stated he is not representing the police officers association but is representing himself and his family. Officer Standridge stated that on Nov. 7 it was not convenient standing in the cold rain obtaining signatures on the petition and the reason for a Charter amendment request versus a pay referendum is that they didn't want to be punished by having their four day work week taken away. Officer Standridge stated the police do an above average job, and they just want average pay. Officer Standridge concluded by urging the Council to be responsible to the constituents they represent.
Further council discussion included; salaries being discussed during the budget process, the need for citizens to understand the issues in a charter election, the petition being in support of a pay vote, the issue of whether it is the responsible thing to hold the election in January versus it being more practical and prudent in May, and time being needed for open dialogue and compromise between all parties involved.
Mayor Barr recognized Mike Perry, 4118 Hartford, who stated the pay proposal to the City Council by Chief Martin for this budget year was passed over.
The Council discussed the salary proposal being considered, and lowered but not passed over, the need to review comparable cities to Abilene in salary considerations, information relevant to salary increases not being provided to the city council until after the budget sessions, and the four day work week for police officers being a management decision by Chief Martin.
City Manager Roy McDaniel reviewed the 1985 police pay issues, explaining the circumstances surrounding some of the raises not taking place.
Ms. Hicks explained why the first reading of the Ordinance did not take place at today's meeting noting it was not posted, the ballot is not prepared for first reading, and that certification of the petition was just recently completed. Ms. Hicks further expressed the need for sufficient time for the city manager to look at the cities the police association have prepared and to offer what could be a workable solution.
Council stated their pride in the Abilene Police Dept. and expressed the desire to work together and not in adversarial roles.
Councilman Carrillo amended his motion to read… that staff prepare for a May 5, 2001 charter amendment election in conjunction with the City's general election and authorize the city manager to enter into on going discussions with the police officers in the spirit of compromise. Councilman Beckham seconded the amended motion and the motion carried.
AYES: Councilmen Archibald, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Ordinances
4.2 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on the Ordinance considered on second and final reading - TC-05100 - Thoroughfare abandonment of the east 15' of Cypress Street adjacent to Lots 1 & 2, Mrs. M. E. Wellborn's Subdivision, located at Vogel and Cypress Streets. The Planning & Zoning Commission recommends approval subject to retaining the right-of-way as an accessible utility easement. Staff recommends denial since the possibility of using the right-of-way remains open. The Plat Review Committee also objects to abandonment. However, if approved, the subject property must be retained as an accessible utility easement.
Mayor Barr opened a public hearing on the item, and the following individual spoke in favor of the request:
There being no one present and desiring to be heard, the public hearing was closed.
Councilman Beckham made a motion to approve the Ordinance for Thoroughfare abandonment of the east 15' of Cypress Street adjacent to Lots 1 & 2, Mrs. M. E. Wellborn's Subdivision located at Vogel and Cypress Streets, subject to retaining the abandoned right-of-way as an accessible utility easement, as recommended by the Planning & Zoning Commission. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 49-2000 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.
4.3 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on an Ordinance considered on second and final reading - Z-05200 - Rezone from RM-3 & CU (Residential Multi-Family & College-University) to RM-2 (Residential Multi-Family) zoning district, property located in the 2200 block of South 18th Street. The Planning & 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 Carrillo made a motion to approve the Ordinance to rezone from Residential Multi-Family & College-University to Residential Multi-Family zoning district property located in the 2200 block of South 18th Street, as recommended by the Planning & Zoning Commission and staff. Councilman Brown seconded the motion and the motion carried.
AYES: Councilmen Archibald, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 50-2000 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.
4.4 Jeff Armstrong, Assistant Director of Community Development, briefed the Council on the Ordinance considered on second and final reading - Z-05300 - Rezone from RS-6 (Residential Single Family) to MH (Mobile Home) zoning district, property located on Castle Drive south of Formosa Street. The Planning & 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 made a motion to approve the Ordinance to rezone from Residential Single Family to Mobile Home zoning district, property located on Castle Drive south of Formosa Street, as recommended by the Planning & Zoning Commission and staff. Councilman Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 51-2000 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 the Ordinance considered on second and final reading - Z-05500 - Rezone from AO (Agricultural Open Space) to GC (General Commercial) zoning district, property located at 2717 Maple Street. The Planning & Zoning Commission and staff recommend approval.
Mayor Barr opened a public hearing on the item, and there being no one present and desiring to be heard, the public hearing was closed.
Councilman Archibald made a motion to approve the Ordinance to rezone from Agricultural Open Space to General Commercial zoning district property located at 2717 Maple Street, as recommended by the Planning & Zoning Commission and staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 52-2000 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 Dwayne Hargesheimer, Director of Water Utilities, briefed the Council on the Ordinance considered on second and final reading amending the Abilene City Code Chapter 15, "Lakes", Article III, "Lake Abilene and Lake Kirby", Section 15-73, "Prohibited Areas". Staff recommends 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 Beckham stated concerns with the wording of the Ordinance noting technically it is against the law to stand upon the bed of Lake Abilene or Lake Kirby.
Councilman Archibald made a motion to table the Ordinance, directing staff to prepare more appropriate wording and uniformity. Councilman Brown seconded the motion and the motion carried.
AYES: Councilmen Archibald, Carrillo, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Other Business
There being no further business, Mayor Barr 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 purchase, exchange, lease, or value of real property, and to consider the appointment and evaluation of public officers.
The Council reconvened from executive session and reported no action taken.
Councilmen Archibald and Carrillo left during executive session; Councilman Southward arrived during executive session.
5.1 Councilman Beckham moved to approve the Mayor's appointments and reappointments to various boards and commissions as listed below. Councilman Brown seconded the motion and the motion carried.
AYES: Councilmen Southward, Beckham, Brown, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Abilene Health Facilities Development Corp., 3 yr. Terms
Reappoint:
Mr. Bob Springer
Mrs. Rosemary Suttle
Abilene-Taylor Co. Public Health Advisory Board, 3 yr. terms
Appoint:
Dr. Fred Kash
Dr. Fred Onger
Airport Development Board, 3 yr. terms
Reappoint:
Mr. Woody Gilliland
Mr. Paul Schnitman
Animal Control Advisory Committee, 3 year terms
Reappoint:
Ms. Charlotte Roy
Ms. Dottie Scott
Ms. Leah Herron
Appoint:
Ms. Megan Santee
Board of Adjustment, 2 yr. terms
Reappoint:
Mr. Gilbert Rodriguez
Mr. Wayne Bradshaw
Mr. Wes Ratliff
Mr. Clint Rosenbaum, Alternate
Mr. Joe Haley, Alternate
Board of Building Standards, 2 yr. terms
Reappoint:
Mr. Terry Williams, Engineer (Regular)
Mr. Daniel Nasser, Banker (Regular)
Appoint:
Mr. Tino Martinez, Realtor (Regular to Alternate)
Mr. Larry Holmes, Realtor (Alternate to Regular)
Mr. Paige Gollihar, Architect (Alternate to Regular)
Mr. Robert Roadcap III, Architect (Alternate)
Ms. Hope Hendrix, Social Worker (Alternate)
Mr. Scotty Lindley, Banker (Alternate)
Civil Service Commission, 3 yr. terms
Reappoint:
Mr. Hubert Pickett
Development Corporation of Abilene, Inc., 3 yr. Terms
Reappoint:
Jane Varner Beard
Housing Authority, 2 yr. terms
Reappoint:
Mr. Valree Brailsford
Ms. Peg Cooke
Keep Abilene Beautiful, 3 yr. terms
Reappoint:
Mr. Malcolm Bramlett
Ms. Wendy Stovall
Landmarks Commission, 3 yr. terms
Reappoint:
Mr. Phil Miller, Architect
Ms. Sherri Statler, historic property owner
Mr. Kevin Coleman, Habitat for Humanity, Alternate
Library Board, 2 yr. terms
Reappoint:
Dr. John Tyson
Mr. Jaime Torres
Ms. Belinda Cook
Dr. Marc Orner
Ms. Barbara Vick
Ms. Elizabeth Rankin
Mixed Use Review Board, 2 yr. terms
Reappoint:
Mr. Kenneth Musgrave
Mr. M. R. "Newt" Newberry
Mrs. Barbara Morris
Planning & Zoning Commission, 3 yr. terms
Reappoint:
Mr. Jack Harkins
Mr. Jeff Luther
Reinvestment Zone #1, 2 yr. terms
Reappoint:
Mr. C. G. Whitten
Mr. George Nichols
Mr. Joe Canon
Mr. Ken Shira
Mr. Mike Young
Mr. Syd Niblo
Ms. Tiffany Wagstaff
Mr. John Stearns, AISD Rep.
Appoint:
Mr. Gregg Blair, term expires 11/2001
Ms. Mary Helen Munoz, term expires 11/2001
Technology Committee, 3 yr. Terms
Reappoint:
Ms. Jackie Hamilton
Mr. Phil Morehead
Dr. Jack Griggs
Appoint:
Mr. Jerry Peters
Youth Advisory Council, 1 yr. terms
Reappoint:
Mr. Beau Cox, Abilene HS
Mr. Robbie Hedrick, Wylie Jr. High
Ms. Lorrie Massie, Cooper MS
Mr. Lance Miller, Wylie Jr. High
Ms. Alesha Mitchell, Cooper HS
Ms. Christina Brokaw, Abilene HS
Mr. Matt Acre, Cooper HS
Appoint:
Ms. Kristen Albaquin, Wylie Junior High
Ms. Kathryn Bartlett, Lincoln MS
Ms. Anita Blanton, Cooper HS
Ms. Katie Davenport, Madison MS
Ms. Jessica Garcia, Cooper HS
Ms. Shelly Garcia, Cooper HS
Mr. Brett Hicks, Franklin MS
Ms. Kendra Hulin, Franklin MS
Ms. Camille Jackson, Abilene HS
Mr. Willie Kershaw, Jefferson MS
Ms. Mayra Lara, Mann MS