CITY COUNCIL OF THE CITY OF ABILENE, TEXAS
CITY COUNCIL CHAMBERS OF CITY HALL
The City Council of the City of Abilene, Texas, met in Regular Session on September 13, 2001, at 8:30 a.m. in the City Council Chambers of City Hall. Mayor Grady Barr was present and presiding with Councilmen Norm Archibald, Rob Beckham, Kris Southward, Jimmy McNeil, 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 Jimmy McNeil gave the invocation.
Pledge of Allegiance was led by James Hoelscher, a fifth grader at Allie
Ward Elementary School. Also present were James' parents, Paul and Ronda Hoelscher.
Jo Moore, City Secretary, assisted Mayor Barr in presenting the following
Employee Service Awards:
25 Years James C. Beard Engineering Technician
Traffic & Transportation
25 Years Lila Jefferson Librarian II
Library
20 Years James H. Ables Traffic Signal Technician
Traffic & Transportation
20 Years Peter Beretta Fire Lieutenant
Fire
20 Years George Hollingsworth Fire Fighter
Fire
20 Years William G. Myers, Jr. Fire Fighter
Fire
20 Years Alan Plumlee Assistant Fire Chief
Fire
Mayor Barr presented a Proclamation for September as "Early Childhood Screening Month", and read a Proclamation for September 22, 2001 as "West Texas Book and Author Festival Day".
Ray Ferguson, chair of the Community Development Task Force, presented the Abilene Community Excellence (A.C.E.) Report. Mr. Ferguson noted Council has been given the report in a loose-leaf folder which can be amended, referred back to, etc. Mr. Ferguson stated this report is the first in a continuing process; then reviewed the highlights of the report. Mr. Ferguson asked the Council to form a citizen's oversight committee as recommended in the report to monitor progress toward the goals of the ACE report. Mr. Ferguson concluded by presenting Mayor Barr a personalized bound copy of the report, noting the report will also be available on the web.
Mayor Barr thanked Mr. Ferguson for his excellent leadership of the committee. The Mayor noted appreciation to the subcommittee chairpersons, advisory committee members, Charlie Dromgoole, and the Community Development staff. Mayor Barr then asked the City Manager to put together a Citizen Oversight Committee as recommended, and publicly commended the Abilene Reporter-News for the articles published on the committee's work. The Council stated their appreciation to Mr. Ferguson and all involved in the process.
No Council action was required.
Mr. McDaniel introduced Angela McGlothlin, Keep Abilene Beautiful Coordinator and Linda Simpson, Assistant Director of Water Utilities. Ms. McGlothlin and Ms. Simpson gave a presentation on September as Pollution Prevention Campaign Month. Keep Abilene Beautiful, the Water Utilities Department, and the Environmental Recycle Center have partnered to provide a range of pollution prevention activities for Abilene during this campaign. These activities have been designed to help clean up Abilene, educate the public about pollution prevention, and will fulfill the EPA's MS4 annual permit requirements.
Mayor Barr commended Ms. McGlothlin and the Keep Abilene Beautiful board.
No Council action was required.
DISPOSITION OF MINUTES
There being no corrections, additions, or deletions to the August 23, 2001
Council minutes, Councilman McNeil moved to approve the minutes as presented.
Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, Southward, McNeil, Councilwoman Alexander,
and Mayor Barr.
NAYS: None.
CONSENT AGENDA
Councilman Southward moved to approve consent agenda items 3.1 through 3.8,
and first reading of items 3.9 through 3.15, as recommended by staff. Councilman
Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, Southward, McNeil, Councilwoman Alexander,
and Mayor Barr.
NAYS: None.
Award of Bids:
3.1 Library carpet, Bid #CB-1062. The bid was awarded to Menke Inc., 1558
S. 14th, Abilene, TX in the amount of $39,092.60 as recommended by staff.
3.2 Sears Park North Entry (Forrest Avenue), from Vogel Ave. south to the westerly extension of University Blvd., Bid #CB-1069. The bid was awarded to Wagley Construction, Inc., Putnam, Texas, in the amount of $79,624.49, as recommended by staff.
3.3 One (1) Type VII Paratransit Van. The bid was awarded to Statewide Bus Sales in Irving, Texas as part of the Central Texas Rural Transit District (CTRTD) procurement in the amount of $35,660 as recommended by staff.
3.4 Antilley Road & Fairway Oaks Blvd. Span Wire Signal Installation, Bid#CB-1073. The bid was awarded to Roy Willis Electric Company of Abilene, Texas, for the unit prices bid with an estimated construction cost of $29,210.50 as recommended by staff.
3.5 Cellular digital telephone services, Bid#CB-1027. The City Manager was authorized to execute a service agreement with Cingular Wireless as the most advantageous proposal for the City at an estimated monthly cost of $4,515, as recommended by staff.
Resolutions:
3.6 Oral Resolution awarding a contract to The Goodman Corporation of Houston,
Texas, for professional consulting services in connection with an Intermodal
Passenger Transit Facility Feasibility Study, and authorizing the City Manager
to execute the contract.
3.7 Oral Resolution accepting three sculpture donations; "Walk Across Texas" to be placed at the zoo, "Buffaloing the Indians" to be placed on the northeast corner of the Abilene Civic Center on Pine Street, and "Mesteno" to be placed north of the National Center for Children's Illustrated Literature on the southeast corner of the Library parking lot.
3.8 Oral Resolution authorizing the City Manager to cast a ballot on behalf of the City of Abilene in favor of Gary Butts for re-election to the TML-IEBP Board of Trustees from Region 6.
Ordinances:
3.9 Approval of first reading: Z-02901 - Rezone from RS-8 (Residential Single
Family) to CU (College/University) zoning district property located at 642,
650, 658, & 664 E. N. 19th Street and 665 E. N. 20th Street, and set a
public hearing for September 27, 2001 at 8:30 a.m., pending appeal by Friday,
September 14, 2001.
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.
3.10 Approval of first reading: Z-03001 - Amend PDD-4 to allow Office uses property located in the 3100-3200 block of Antilley Road, and set a public hearing for September 27, 2001 at 8:30 a.m.
AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART
E, "ZONING," OF THE ABILENE MUNICIPAL CODE; AND ORDINANCE NO. 1045
CONCERNING THE PDD #4 PLANNED DEVELOPMENT DISTRICT; DECLARING A PENALTY AND
CALLING A PUBLIC HEARING, AND AN EFFECTIVE DATE.
3.11 Approval of first reading: Z-03201 - Rezone from RS-6 (Residential Single
Family) to MH (Mobile Home) zoning district property located at 949 T&P
Lane, and set a public hearing for September 27, 2001 at 8:30 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.
3.12 Approval of first reading: Z-03301 - Rezone from AO (Agricultural Open Space) to RS-6 (Residential Single Family) zoning district property located on Valley Forge, and set a public hearing for September 27, 2001 at 8:30 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 Approval of first reading: Z-02201 - Amend PDD-65 to change the standards for single-family residential development in Tract 1 and to define Tracts 1 through 4 located on Griffith Road, and set a public hearing for September 27, 2001 at 8:30 a.m.
AN ORDINANCE OF THE CITY OF ABILENE, TEXAS, AMENDING CHAPTER 23, SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE; AND ORDINANCE NO. 28-1998 CONCERNING THE PDD #65 PLANNED DEVELOPMENT DISTRICT; DECLARING A PENALTY AND CALLING A PUBLIC HEARING, AND AN EFFECTIVE DATE.
3.14 Approval of first reading: Ordinance amending Sections 23-317 and 23-363 of the Zoning Ordinance providing definitions and creating a special exception for carports in the front yard setback, and set a public hearing for September 27, 2001 at 8:30 a.m.
AN ORDINANCE AMENDING CHAPTER 23, "PLANNING AND COMMUNITY DEVELOPMENT," SUBPART E, "ZONING," OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY AND CALLING A PUBLIC HEARING.
3.15 Ordinance amending Sections 18-285, 18-286, and 18-293 of Chapter 18, "Motor Vehicles and Traffic", of the Abilene Municipal Code.
AN ORDINANCE AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC", OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY.
REGULAR AGENDA
Resolutions:
4.1 Dwayne Hargesheimer, Director of Water Administration, briefed the Council
on an Oral Resolution authorizing the City Manager to execute a professional
services contract amendment for additional geotechnical services for the O.
H. Ivie project. Mr. Hargesheimer stated on February 21, 2000, the City of
Abilene entered into a Professional Service Contract with Freese & Nichols,
Inc. (FNI) for the design and construction of O. H. Ivie Supply facilities,
and that the contract outlined various tasks and associated fees. The geotechnical
services task had a cost plus fee not to exceed $115,000.00. FNI is requesting
$314,560.00 additional funds for the geotechnical subcontractors scope of
services. Subcontractors of FNI provided drilling services, laboratory testing
and geotechnical engineering on the 52 mile pipeline route, pump stations,
geotechnical testing and ground storage for soil profiles. When soil cores
for the lake pump station site were being drilled, preliminary samples showed
that much more extensive geotechnical exploration was needed. Because subcontractors
were on site, the City authorized FNI to proceed with the additional geotechnical
work that would provide necessary information for the pump station columns.
At the March 8, 2001 Council meeting, this additional cost was presented.
Following Council discussion, the request for additional funds was tabled
until further cost could be determined for the project. The original contract,
as amended to include resident project representation, is $3,014,150.00. The
$314,560.00 contract amendment would revise the contract amount to $3,328.710.00.
Staff recommends that, by oral resolution, the City Council authorize the
City Manager to execute the Contract Change Authorization with Freese and
Nichols, Inc. that would revise the contract to an amount not to exceed $3,328,710.00
and authorize immediate payment of 80% of requested increase ($251,648.00)
with the balance to be paid when the pump station columns are in place.
Council and staff discussion included: staff having approved the extra work, and that Freese & Nichols are not making any profit on this project, questions concerning what work was involved that increased the cost, confusion over Freese & Nichols having been the engineers on the project but not knowing what needed to be done, and Freese & Nichols having bid the project not to exceed $115,000 but now requesting substantially more.
Mayor Barr made a motion to authorize the City Manager, by Oral Resolution,
to execute the contract change authorization with Freese & Nichols, Inc.
for additional geotechnical services for the O. H. Ivie project, in the amount
of $250,000 with the balance of the cost to be considered at final completion
of the pump station. Councilman McNeil seconded the motion and the motion
carried.
AYES: Councilmen Archibald, Beckham, Southward, McNeil, Councilwoman Alexander,
and Mayor Barr.
NAYS: None.
4.2 James Condry, Traffic & Transportation Administrator, briefed the
Council on an Oral Resolution approving an application/permit to drill and
operate an oil & gas well within the city limits, and authorize the City
Manager to execute Permit No. 0101. Mr. Condry stated Chapter 21 - Oil and
Gas, of the City Code requires a permit for drilling and operating oil &
gas wells within the City limits. An application for a permit has been received
from Rayco Operating Company for a permit to drill and operate an oil/gas
well within the City limits in a tract out of Section 25, R. Turner Survey
and located northwest of the I-20 and Hwy. 277/83 interchange in the extreme
northwest part of Abilene. As part of the review process, the City Council
is to conduct a public hearing and then approve or reject the permit. All
property owners within 300 feet of the proposed site have been notified by
mail of the public hearing. The staff evaluation of the application indicates
that Rayco Operating Company has met the requirements for a drilling permit
as set out in the City Code. The drill site is within a flood prone area and
must be raised to a minimum of one foot above the 100-year flood elevation.
Unless the City Council determines from information presented at the public
hearing that the permit should not be issued, the staff recommends that the
City Council, by Oral Resolution, approve the application/permit and authorize
the City Manager to execute permit No. 0101.
Mayor Barr opened a public hearing, and there being no one present and desiring to be heard, the public hearing was closed.
Councilman Beckham made a motion authorizing the City Manager, by Oral resolution,
to execute Permit No. 0101 approving an application/permit to drill and operate
an oil & gas well within the city limits, as recommended by staff. Councilman
Archibald seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, Southward, McNeil, Councilwoman Alexander,
and Mayor Barr.
NAYS: None.
Ordinances:
4.3 Richard Gertson, Director of Community Development, briefed the Council
on the first reading of an Ordinance extending the boundary limits of the
City of Abilene and annexing approximately 149 acres located east of FM 89
and 500 feet south of FM 707 pursuant to a petition from all property owners
therein, and set a public hearing for October 25, 2001 at 8:30 a.m. Mr. Gertson
stated the City has received a petition to annex approximately 149 acres at
the above-mentioned location. Staff has negotiated a density cap on the multi-family
units that may be developed at the site and has worked out a PDD zoning on
the property (rather than the zoning districts requested in the petition)
that will provide the developer with assurances as to use and defer the design
characteristics to a time when a more concrete development proposal is presented.
Mr. Gertson distributed the draft annexation Ordinance that includes an interim
PDD zoning. The Planning and Zoning Commission and staff recommend approval
of the annexation Ordinance with the interim PDD zoning.
Dale Scoggins, 3701 High Meadows Dr., petitioner, gave a history of the property involved, which has been on the market 2-3 years with a number of entities having looked at the property as a potential site. Mr. Scoggins stated identifying programs and uses the site might be put to would represent to other property owners in the area what those uses would be. Mr. Scoggins stated since 1984 Abilene has not had a market rate project, some churches are interested and multi-family sites are needed. Mr. Scoggins further stated appreciation to Mr. Gertson and the zoning staff, noting they have been extremely innovative and flexible in finding solutions to common problems. Mr. Scoggins also stated he is very happy with the proposal, has been treated fairly and expeditiously, and his primary goals are good planning and economic liability.
Councilman Southward made a motion to approve first reading of the Ordinance
including an interim PDD zoning extending the boundary limits of the City
of Abilene and annexing approximately 149 acres located east of FM 89 and
500 feet south of FM 707, and set a public hearing for October 25, 2001 at
8:30 a.m., as recommended by the Planning & Zoning Commission and staff.
Councilman McNeil seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, Southward, McNeil, Councilwoman Alexander,
and Mayor Barr.
NAYS: None.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, PROVIDING
FOR THE EXTENSION OF THE BOUNDARY LIMITS OF THE CITY OF ABILENE, TEXAS, AND
THE ANNEXATION OF CERTAIN TERRITORY LYING ADJACENT AND CONTIGUOUS TO THE PRESENT
BOUNDARY LIMITS OF THE CITY OF ABILENE.
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 to consider
the purchase, exchange, lease or value of real property.
The Council reconvened from executive session and reported no action taken.
Mayor Barr stated he has approved the recommendation to appoint Ilah Stolz to the MH/MR Board of Trustees and asked Council's approval of that appointment.
Councilman McNeil moved to approve Mayor Barr's appointment of Ilah Stolz
to the MH/MR Board of Trustees of the Betty Hardwick Center, term expiring
8/2003. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Beckham, Southward, McNeil, Councilwoman Alexander,
and Mayor Barr.
NAYS: None.
There being no further business, Mayor Barr adjourned the meeting at 11:05
a.m.
_____________________________ ______________________________
Jo Moore Grady Barr
City Secretary Mayor