September 27, 2001, 8:30 A.M.
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 27, 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, Kris Southward, Rob Beckham, 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.
Councilwoman Kay Alexander gave the invocation.
Pledge of Allegiance was led by Alisha Davis, a fifth grader at Alta Vista Elementary School. Also present was Alisha’s Principal, Pam Paddock.
Mayor Barr presented the following Proclamations:
October 2001 as “National Physical Therapy Month”, and
October 5, 2001 as “Gospel Music Day”.
Mr. McDaniel introduced H. C. Zachry, of Zachry Associates, Inc. and Assistant Director of Community Development Elizabeth Grindstaff, Project Manager for the Texas Forts Trails project. Mr. Zachry and Ms. Grindstaff briefed the Council on the history of the project, outlined funding needs, and stated construction is scheduled to begin in the spring of 2002, with plans to open the project by July of 2003.
Council requested a printed version of the presentation, and thanked Mr. Zachry and Ms. Grindstaff for the Texas Forts Trails presentation.
No Council action was required.
There being no corrections, additions, or deletions to the September 5, 2001 Special Council Meeting and September 13, 2001 Regular Council Meeting minutes, Councilman Archibald moved to approve the minutes as printed. Councilman McNeil seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Consent Agenda Item 3.3 was removed from the Consent Agenda to be considered separately at the request of Councilman Beckham. Councilman McNeil moved to approve consent agenda items 3.1, 3.2, and 3.4 through 3.8, first reading of items 3.9 and 3.10, and final reading of item 3.11, as recommended by staff. Councilwoman Alexander seconded the motion and the motion carried.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
Resolutions:
3.1 Oral Resolution approving the Development Corporation of Abilene, Inc. Semi-Annual Report of Activities beginning October 1, 2000 and ending March 31, 2001.
3.2 Oral Resolution approving the annual renewal contract between the City and DCOA, authorizing the City Manager to execute the contract and the DCOA’s annual contract renewals with the City of Abilene Business Services and ARBEC operations, Abilene Industrial Foundation, Inc., Small Business Development Center, and Chamber of Commerce Military Affairs Committee.
3.3 Resolution adopting building construction permit fees. Removed from the Consent Agenda to be considered separately.
3.4 Resolution of the City Council of the City of Abilene, Texas ordering and establishing procedures for a Special Election to fill the unexpired term of Council Place 3 to be held in said City on November 6, 2001 in conjunction with Taylor County General Election for the State of Texas, and approving the Contract for Election Services with the Taylor County Elections office.
The Resolution is numbered 33-2001 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 6, 2001 FOR THE ELECTION OF A PERSON TO SERVE IN PLACE 3 ON THE CITY COUNCIL OF THE CITY OF ABILENE; IN CONJUNCTION WITH TAYLOR COUNTY’S SPECIAL ELECTION FOR STATE SENATOR/CONSTITUTIONAL AMENDMENT ELECTION; PROVIDING FOR A PROCLAMATION NOTICE AND PUBLICATION OF NOTICE OF SAID ELECTION.
3.5 Oral Resolution authorizing the City Manager to execute a professional services agreement with Trinity Engineering/Kleinfelder for construction materials testing services, O. H. Ivie Project in an amount not to exceed $50,000.00.
3.6 Oral Resolution authorizing the City Manager to execute a professional engineering agreement with Alan Plummer Associates, Inc. for rehabilitation of wastewater treatment plant facilities with a fee not to exceed $128,000.00.
3.7 Oral Resolution authorizing the City Manager to accept grant funds from the U.S. Department of Housing and Urban Development in the amount of $199,560 to repair and renovate Hangar #1 at the Abilene Regional Airport and $250,000 to help renovate the Wooten Hotel.
Award of Bid:
3.8 Alameda Addition Street Rehabilitation, Bid #CB-1074. The bid was awarded to Contract Paving Company, Tye, in the amount of $212,731.00, as recommended by staff.
3.9 Approval of first reading: Ordinance amending 1999 National Electrical Code, Article 336-5, and set a public hearing for October 11, 2001 at 8:30 a.m.
AN ORDINANCE AMENDING CHAPTER 8, “CONSTRUCTION REGULATIONS” ARTICLE VI, “CODES AND OTHER REGULATIONS”, DIVISION 3, “ELECTRICAL CODE”; 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.
3.10 Approval of first reading: Ordinance adopting 2000 International Building, Residential, Mechanical, Plumbing, and Fuel Gas Codes, with local amendments to each, and set a public hearing for October 11, 2001 at 8:30 a.m.
AN ORDINANCE AMENDING (1) CHAPTER 8, “CONSTRUCTION REGULATIONS” ARTICLE VI, “CODES AND OTHER REGULATIONS”, DIVISION 2, “BUILDING CODE”; OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; (2) CHAPTER 8, “CONSTRUCTION REGULATIONS” ARTICLE VI, “CODES AND OTHER REGULATIONS”, DIVISION 4, “PLUMBING CODE”; OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; (3) CHAPTER 8, “CONSTRUCTION REGULATIONS” ARTICLE VI, “CODES AND OTHER REGULATIONS”, DIVISION 5, “MECHANICAL CODE”; OF THE ABILENE MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; AND AN ORDINANCE APPROVING: (4) CHAPTER 8, “CONSTRUCTION REGULATIONS” ARTICLE VI, “CODES AND OTHER REGULATIONS”, DIVISION 7, “RESIDENTIAL CODE”; OF THE ABILENE MUNICIPAL CODE, BY ADDING CERTAIN SECTIONS AS SET OUT BELOW; (5) CHAPTER 8, “CONSTRUCTION REGULATIONS” ARTICLE VI, “CODES AND OTHER REGULATIONS”, DIVISION 8, “FUEL GAS CODE”; OF THE ABILENE MUNICIPAL CODE, BY ADDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE, DECLARING A PENALTY, AND CALLING A PUBLIC HEARING.
3.11 Approval of Final Reading: Ordinance amending Sections 18-285, 18-286, and 18-293 of Chapter 18, “Motor Vehicles and Traffic”, of the Abilene Municipal Code.
The Ordinance is numbered 24-2001 and is captioned as follows:
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:
3.3 Resolution adopting building construction permit fees. Removed from the Consent Agenda to be considered separately at the request of Councilman Beckham. Councilman Beckham requested background information on the item and asked staff to explain why fees are being raised. Mr. McDaniel stated a survey of permit fees which is available to Council for the following cities was conducted in July: Lubbock, Odessa, Midland, San Angelo, Carrolton, Grand Prairie, Denton, Wichita Falls, Waco and Killeen. Mr. McDaniel further stated the fees are comparable to the other cities, are set to generate revenue and to fulfill requests from previous Councils to have Building Inspection become self-supporting. Cassie Hughes, Building Official, stated results of the survey and recommendations from staff were forwarded to the Board of Building Standards, and the Mechanical, Plumbing, Electrical and Swimming Pool Board of Appeals. Ms. Hughes further stated workshops were held in order to receive input and that the MPE Board approved the recommendations with the primary focus being an increase in the minimum permit fee from $20 to $25. The Board of Building Standards also approved changes. Staff recommends approval.
Council and staff discussion included: the various fees and inspections, the fee increases having been adopted when the budget was approved but now coming back to Council due to their high profile nature, and the Building Inspections division being about 70% self-supporting.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Resolution is numbered 34-2001 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, APPROVING A FEE SCHEDULE FOR CERTAIN BUILDING CONSTRUCTION FEES AND ESTABLISHING AN EFFECTIVE DATE.
4.1 Larry Abrigg, Historic Preservation Officer, briefed the Council on a Resolution adopting the Sears Neighborhood Plan - 2001. Mr. Abrigg stated the Sears Neighborhood Plan is a product of the Sears Neighborhood Revitalization Committee and the City of Abilene Planning & Development Services Division. The Sears Neighborhood Revitalization Committee members are Billy Enriquez, Ovelia Campos, Joel Loya, Beckie Joy, Dr. Julian Bridges, Susan Allen and Jimmy DeFoor. Mr. Abrigg stated the Sears Neighborhood Plan will provide guidance to citizens, the City of Abilene, non-profit groups, private firms, and others in developing ways to improve conditions within the Sears Neighborhood and will document a course of action to enhance the physical, economic, and social environment of the neighborhood that can be achieved with effective implementation. The Planning and Zoning Commission and staff recommend approval. Mr. Abrigg then introduced Joel Loya, 2102 Ambler, who thanked staff and asked Council approval of the Plan. Also present and recognized by Mr. Loya was Ovelia Campos of the Sears Neighborhood Revitalization Committee.
Mayor Barr thanked Mr. Loya for his work on the Sears Neighborhood Revitalization Committee and the Access Learning Center. Council expressed their appreciation to staff and the Sears Neighborhood Revitalization Committee.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Resolution is numbered 35-2001 and is captioned as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS, ADOPTING THE SEARS NEIGHBORHOOD PLAN – 2001.
4.2 Mike Beecham, Planner II, briefed the Council on an Ordinance considered on second and final reading: Z-03001 – Amend PDD-4 to allow Office uses property located in the 3100-3200 block of Antilley Road. 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:
· David Todd, 2500 S. Willis, agent for the proponent, Fore Star Golf.
There being no one else present and desiring to be heard, the public hearing was closed.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 25-2001 and is captioned as follows:
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.
4.3 Mike Beecham, Planner II, briefed the Council on an Ordinance considered on second and final reading - Z-03201 – Rezone from RS-6 (Residential Single Family) to MH (Mobile Home) zoning district property located at 949 T&P Lane. The Planning & Zoning Commission and staff recommend approval. Council questioned staff’s recommendation that states, “for approval with the provision that the property fronts on Midway Street”. Mr. Beecham noted that although the staff recommendation originally was for approval “provided the property fronts on Midway Street”, that provision has been removed.
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.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 26-2001 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 Mike Beecham, Planner II, briefed the Council on an Ordinance considered on second and final reading - Z-03301 – Rezone from AO (Agricultural Open Space) to RS-6 (Residential Single Family) zoning district property located on Valley Forge. 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.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 27-2001 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 Mike Beecham, Planner II, briefed the Council on an Ordinance considered on second and final 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. The Planning and Zoning Commission and staff recommend approval.
Mayor Barr opened a public hearing on the item, and the following individuals spoke in favor of the request:
· Scott Roppe, proponent, 602 College Drive, explained plans for the property, and stated he agrees to convey an easement to the City for drainage.
There being no one else present and desiring to be heard, Mayor Barr closed the public hearing.
Council and staff discussion included: unless tied to a specific site plan the PDD doesn’t tie to specifics; if Council approves the item today, it would not come back to Council; the preliminary and final plats; subdivision requirements; installation of infrastructure; specific exception allowed; and exhibit A to the Ordinance amendment language being added to state “appropriate drainage easements will be executed in accordance with Drainage Engineering studies approved by the City”.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 28-2001 and is captioned as follows:
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.
4.6 Richard Gertson, Director of Community Development, briefed the Council on an 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. Mr. Gertson briefed the Council on the history and review process. The proposed ordinance establishes a set of conditions that are fairly easy to apply. If a carport meets those conditions, it may be constructed in the setback. If it does not, there is no further review or appeal of the matter. The Ordinance stipulates that the Board of Adjustment may not grant variances to the conditions of the special exception. The Planning and 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, Mayor Barr closed the public hearing.
Council and staff discussion included: carport granted variances in the past year that would not have met the recommended conditions and the recommended changes restoring credibility to the process.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
The Ordinance is numbered 29-2001 and is captioned as follows:
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.
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.
AYES: Councilmen Archibald, Southward, Beckham, McNeil, Councilwoman Alexander, and Mayor Barr.
NAYS: None.
There being no further business, the meeting was adjourned at 3:30 p.m.
_____________________________ ______________________________
Jo Moore Grady Barr
City Secretary Mayor